Formulating reservations upon receipt of a building purchased to be built does not lengthen the delays in taking legal action, which are sometimes short.
In general, 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.
The lawsuit submitted to the Court concerned the delivery of a house purchased off-plan. The purchaser, at the time of acceptance of the work, had noted that the ceilings were not at the planned height and he had requested, with reservations, the "recovery" of this defect. The company having not undertaken to rectify, all that remained for its client was to seize the judge to obtain a forced execution, but in such a case, the deadline is only one year.
There is no point in making a bailiff's report or sending registered letters, says a lawyer. The one-year deadline must be respected and the existence of reservations made at the reception is not likely to extend it, recalled the judges.
The referral to the judge, more than a year after receipt, was therefore late and the request presented was then definitively inadmissible, ruled the Court of Cassation.
(Cass. Civ 3, 19.1.2022, C 21-10.022).
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