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Case laws

Be careful with a contractor's insurance certificate

Be careful with a contractor's insurance certificate

A co-owner is supposed to be mandated by his spouse

A co-owner is supposed to be mandated by his spouse

During construction, the risk is with the contractor

During construction, the risk is with the contractor

The sale of a common part may not be subject to the agreement of all the co-owners

The sale of a common part may not be subject to the agreement of all the co-owners

New abusive clauses in house construction contracts

New abusive clauses in house construction contracts

A seller is rarely committed to the real estate agent

A seller is rarely committed to the real estate agent

Case law | 28/04/24
A furnished rental hardly escapes wealth tax It is difficult to escape wealth tax for real estate given as furnished rental, according to a ruling from the Court of Cassation. It is particularly difficult to reach the income threshold which allows these buildings to be qualified as exempt “professional property”.
Case law | 10/01/24
Expropriation does not compensate for the loss of a tolerance The loss of an advantage created by habit or tolerance cannot be compensated in the event of expropriation. Only the deprivation of a legally recognized and protected right can give rise to compensation, said the Court of Cassation.
Case law | 03/12/23
The Carrez law applies to buildings to be constructed The surface area of a residential building is determined according to the Carrez law, including if it is a building purchased “in the future state of completion”.
Case law | 03/12/23
During a sale, there may be forgotten easements In a real estate sale, there may be an easement that the seller is unaware of or has forgotten but which the seller or his buyer will subsequently be required to remove.
Case law | 12/11/23
The lending bank is not responsible for everything It is not because the bank made a mistake when releasing a work loan that it must bear the consequences of their poor result.
Case law | 24/10/23
Pacsé, we contribute according to our abilities Although the PACS presupposes joint ownership, the accommodation acquired can be paid for by one person, said the Court of Cassation. Because if the conclusion of a PACS creates an indivision in half on the goods which are not the exclusive property of one or the other, it also obliges, unless otherwise agreed, to material aid and proportional assistance to each person's faculties.
Case law | 23/10/23
The usual architect does not have to be put in competition A co-ownership can have a regular architect and call on him without putting him in competition, including if his fees reach the amount which imposes compulsory competition.
Case law | 20/10/23
Pay attention to the wording of a suspensive condition In a sales agreement, the suspensive condition which provides for obtaining a "maximum of..." credit is not a style clause that should not be taken into account, and it is easily fulfilled.
Case law | 08/09/23
Manager or partners must not jeopardize their SCI It is not possible to use property belonging to a civil real estate company to guarantee a personal debt of the manager or a partner if it jeopardizes this SCI.
Case law | 03/09/23
Any misplaced tree should not be destroyed If the law regulates the location of plantations at the edge of the property so as not to disturb neighbors, it takes precedence over the possible requirements of local planning regulations.
Case law | 03/09/23
The tenant assumes responsibility for his damage, regardless of the repairs The tenant must bear the repairs of the damage noted during his departure without requiring that these repairs be actually carried out by the owner.
Case law | 06/06/23
Claiming ownership is an imprescriptible right There is no time limit for taking legal action when it comes to requesting the eviction of an occupant "without right or title", recalled the Court of Cassation.
Case law | 29/05/23
The bankruptcy of the owner does not modify the rights of the tenant A tenant cannot receive a notice to sell without respecting the notice and without an offer to purchase on the pretext that his owner is in compulsory liquidation.
Case law | 22/05/23
Joint ownership more or less reduces the taxable value Some joint possessions, especially with close family, reduce the market value, and therefore taxable, of a property less than others.
Case law | 13/04/23
The roofer is not necessarily insured for all roofing work All waterproofing work on a roof does not necessarily fall within the traditional skills of a roofer and the customer must therefore check that he has taken out a corresponding specific insurance.
Case law | 12/04/23
Consumer credit, the bank is not responsible for everything If an operation financed by consumer credit goes badly, the borrower can only blame the banker if he is not himself responsible for the problem.
Case law | 11/04/23
To compel the buyer or the seller to sign, there are conditions It is not because the buyer or the seller does not appear before the notary on time to sign a real estate purchase or sale that the other can immediately seize the judge to compel him to do so or to have the sale.
Case law | 10/04/23
The seller may have to pay for a defect finally repaired The seller of a good that turns out to be affected by a latent defect may have to assume a repair, a reduction in the price or a cancellation of the sale, even if the defect has finally been repaired.
Case law | 06/04/23
During construction, the risk is with the contractor If a disaster damages or destroys a house under construction, contractors owe their client the repair or reconstruction.
Case law | 05/04/23
The sale of a common part may not be subject to the agreement of all the co-owners In a condominium, when it comes to selling a common part, the decision is not always subject to everyone's agreement.