Category: Real Estate Litigation

This section collects the articles published on real estate litigation — the disputes that arise from a property already bought, let or built.

The first group concerns defects. In a sale, article 913 of the Civil Code refers the regime of defective goods back to that of mistake and wilful misrepresentation; article 916 places on the buyer the burden of notifying the seller of the defect; and article 917 provides that the action lapses where notice is not given within the periods laid down. In construction contracts, article 1218 requires the works to be inspected before acceptance, and article 1225 lays down a distinct regime for buildings intended to last. A buyer who discovers a defect and waits may lose the right without the merits ever being examined.

The second group concerns breach of the promissory contract. Article 442 determines the fate of the deposit — return in double or forfeiture, according to which party defaults — and article 830 allows the performing party to obtain a judgment producing the effects of the missing declaration of will. Choosing between claiming double the deposit and seeking specific performance is a strategic decision, not a formality: it turns on the value of the property, the state of the market and the solvency of the counterparty.

The third group concerns title and use: horizontal property, easements, boundaries, tenancy and enforcement. Here, documentary evidence created at the right time is worth more than the better argument made later.

Adjacent sections, within these same publications: buying and selling property and urban planning and licensing.

The scope of our work in this field is set out on the real estate litigation page. General information only; it does not replace advice on a specific case.