Formulating reservations upon receipt of a purchased building does not lengthen the time required to take legal action, which is sometimes short.
save on fees and earn up to €350 thanks our comparison of life insurance
The case submitted to the Court of Cassation concerned the delivery of a house purchased off-plan. The purchaser, at the time of acceptance of the works, had noted that the ceilings were not the planned height and he had requested, with reservations, the rectification of this defect. As the company did not undertake to rectify, all that remained for its client was to seize the judge to obtain a forced execution, but in such a case, the time limit is only one year.
The referral to the judge, more than a year after receipt, was therefore late and the request presented was then definitively inadmissible, judged the Court of Cassation. As a reminder, with or without reservations in the face of visible defects, the new owner has one year to seize the judge in order to obtain rectifications, indicated the Court of Cassation.
House construction: why you need to take out property damage insurance
There is no point in making a bailiff’s report or sending registered letters, says a lawyer. The one-year period must be respected and the existence of reservations made upon receipt is not likely to prolong it, the judges recalled in a judgment of 19 January.
Work loan: comparison of offers