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The bank commits a fault when, in
Droit Immobilier

The bank commits a fault when, in

📅 Decision of 14 March 2012🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 13 views📖 2 min read

The bank commits a fault when, by releasing part of the funds intended to finance an individual house construction contract, although it has not received a copy of the certificate of the delivery guarantee at the agreed price and time, it deprives the clients, who were not required to ensure that this certificate was issued, of a chance to avoid the failure of their project.

Reference decision: cc • N° 11-10.291 • 2012-03-14 • View the decision →

This decision provides important insight into your real estate law. Here is what it changes for you.

The situation

The bank commits a fault when, by releasing part of the funds intended to finance an individual house construction contract, although it has not received a copy of the certificate of the delivery guarantee at the agreed price and time, it deprives the clients, who were not required to ensure that this certificate was issued, of a chance to avoid the failure of their project.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Comply strictly with the legal deadlines for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.

📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 11-10.291
  • Court: Cour de cassation
  • Decision of: 14 March 2012

Keywords

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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