Reference decision: cc • No. 03-86.646 • 2004-12-15 • View the decision →
Imagine: you are a co-owner in a residence in Capbreton, overlooking Lac Marin. Each year, the service charges increase, but the managing agent never explains why. You ask for the accounts, he tells you everything is fine. Then one day, you discover that he has invoiced the co-ownership for fictitious services, or that he has received hidden commissions from the companies he instructed. What can you do? The Court of Cassation ruled on this question in a decision of 15 December 2004, reminding us of a simple but often forgotten rule: the managing agent, like any agent, must account for everything he receives and can only remunerate himself to the extent provided for in the contract. A decision that changes the game for thousands of co-ownerships, including in the Landes and Aquitaine.
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