Non-compliance of a dwelling: you have one year to take legal action!

A business sells a building in the future state of completion. When the building is delivered in October 2010, the buyer issues reservations because the ceilings are not up to the level stipulated in the sales contract.

The company does not adjust the height of the ceilings and in January 2015, the buyer assigns it to demolition-reconstruction of the building and damages.

The Court of Appeal declared that its claims were inadmissible on the grounds of apparent construction defects and non-compliance because they were late.

Indeed, barely foreclosurethe purchaser must bring the matter before the court within one year of the end of the warranty for defects and apparent defects of conformity. However, the seller no longer has this guarantee obligation one month after the acquisition of the apartment by its buyer.

The guarantee action introduced more than 4 years after the delivery of the dwelling comes too late.

The Court of Cassation upholds that judgment and dismisses the appeal.