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Regarding Off-plan Sales
Droit Immobilier

Regarding Off-plan Sales

📅 Decision of 30 November 2017🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 24 views📖 2 min read

In off-plan sales, a clause providing for referral to the opinion of a qualified person, in the absence of agreement between the parties on completion, does not prevent the judge from verifying that this opinion complies with the completion criteria defined by Article R. 261-1 of the Construction and Housing Code.

Reference decision: cc • No. 16-19.073 • 2017-11-30 • View decision →

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

The situation

In off-plan sales, a clause providing for referral to the opinion of a qualified person, in the absence of agreement between the parties on completion, does not prevent the judge from verifying that this opinion complies with the completion criteria defined by Article R. 261-1 of the Construction and Housing Code.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Strictly comply with statutory time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, letters)
  • Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-min 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: 16-19.073
  • Court: Cour de cassation
  • Decision of: 30 November 2017

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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