The clause which makes the acquisition conditional

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

A clause which makes entitlement to the warranty conditional upon the carrying out of a technical study does not constitute an exclusion of warranty. The Court of Appeal, which, after having found that the construction of a retaining wall had been planned and entrusted by the client to a contractor under a contract separate from the individual house construction contract, orders the individual house builder to repair the damage resulting from the building of that wall, fails to draw the legal consequences of its own findings.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory time limits for bringing an action
• Keep all your supporting documents (deeds, instruments, correspondence)
• Anticipate: preventive advice always costs less than litigation

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