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The starting point of the preclusive period
Droit Immobilier

The starting point of the preclusive period

📅 Decision of 11 January 2012🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 16 views📖 2 min read

The starting point of the one-year preclusive period for an action for price reduction in respect of an off-plan sale is the date of delivery of the property, since the surface area of the sold building can only be verified on that date.

Reference decision: Court of Cassation • No. 10-22.924 • 2012-01-11 • View the decision →

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

The situation

The starting point of the one-year preclusive period for an action for price reduction in respect of an off-plan sale is the date of delivery of the property, since the surface area of the sold building can only be verified on that date.

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 (title deeds, deeds, correspondence)
  • Plan ahead: 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: 10-22.924
  • Court: Cour de cassation
  • Decision of: 11 January 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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