Property litigation encompasses all disputes arising from the acquisition, sale, letting or management of real property. It draws on complex legal rules derived from civil law, construction law and planning law.
Miraï Avocats represents its clients before all competent courts — civil court, court of appeal, administrative courts — and acts at every stage of proceedings, including emergency applications before the interim relief judge.
Warranty Against Latent Defects
Conditions and Enforcement
The warranty against latent defects (Articles 1641 to 1649 of the Civil Code) protects buyers against non-apparent defects rendering the property unfit for its intended use, or sufficiently reducing its use that the buyer would not have purchased it or would have paid a lower price. The claim must be brought within two years of discovering the defect. The firm assesses the merits of the claim, organises expert assessments (amicable or court-ordered) and represents buyers in seeking rescission of the sale or a price reduction.
Exclusion Clauses and Limitations
Property sale contracts frequently include a clause excluding the warranty against latent defects. This clause has no effect between professionals or where the seller was aware of the defect. The firm analyses the scope of such clauses and determines whether they are enforceable against the buyer in the circumstances of the case.
Construction Disputes and Defective Works
Ten-year Liability of Builders
Ten-year liability (Article 1792 of the Civil Code) imposes strict liability on any builder for defects that compromise the structural integrity of the work or render it unfit for its intended purpose, for ten years from acceptance of the works. The firm brings claims against the responsible builders, architects and project managers, organises court-ordered expert assessments and obtains judgments for repair or restoration.
One-year and Two-year Warranties
In addition to ten-year liability, the builder is subject to the warranty of perfect completion (one year) covering all defects notified at acceptance or in the following year, and the two-year warranty covering equipment separable from the structure. The firm enforces these warranties and manages relations with building works insurers.
Tenancy Litigation
The firm represents landlords and tenants in all tenancy disputes: unpaid rent and eviction proceedings, challenging and enforcing eviction orders, disputes over inventories of fixtures and return of security deposits, judicial termination of tenancies for breach by tenant or landlord, nullity of unfair clauses. It acts urgently before the interim relief judge to obtain protective measures.
Co-ownership Litigation
Co-ownership disputes are subject to specific procedural rules and require precise knowledge of co-ownership law. The firm acts in nullity proceedings against general meeting resolutions, service charge recovery proceedings, liability claims against managing agents, and disputes between co-owners regarding use of common areas or compliance with the co-ownership regulations.
Emergency Relief Proceedings
The emergency judge (juge des référés) may intervene urgently to order protective measures or investigative measures (court-ordered expert assessments) before substantive proceedings are even commenced. In property matters, emergency relief is frequently used to immediately stop unlawful works, order provisional reinstatement of damaged property, appoint a judicial expert to record defects or assess loss, or order disclosure of documents between parties. The firm is experienced in these urgent procedures and acts with speed.