While in principle the decennial warranty action

This decision sheds important light on your property law. Here is what it changes for you.

The situation

While in principle the decennial warranty action is transferred to the purchasers with the ownership of the building, the employer does not lose the right to exercise it insofar as it presents a direct and certain interest for him. The judgment which, after noting that the action was brought by the employer before the forced sale date of the building and that the conditions of sale do not mention the assignment of this action, finds that this employer suffered personal damage consisting in the depreciation of the building which was sold at a lower price and in loss of enjoyment suffered prior to the sale, may decide that this sale did not entail assignment of the said action brought by the employer.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with legal time limits for claims
• Keep all your supporting documents (titles, deeds, letters)
• Plan ahead: preventive advice always costs less than litigation

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