Real estate and rental litigation / construction
MOSAIK has significant expertise in the real estate and rental sector enabling it to quickly identify the issues and different solutions to be envisaged in situations such as:
- The lessee’s failure to pay the rent
- The owner’s lack of performance of commitments
- Disputes on co-ownership charges
- Disputes on works (lessor / lessee; co-owners / co-ownership management)
- Identification of damage and /or defects on real estate
- Responsibility of sub-contractors or providers at the origin of the damage and/or defects
- Responsibility of insurance for the coverage of the amounts
- Implementation of the defects liability warranty, two-year warranty, ten-year warranty
- Property seizure of your assets
- Assistance with court expertise
In this regard, MOSAIK shall ensure or assist with the drafting of any procedural instruments necessary to defend its clients’ interests, i.e., in particular:
- The formal notice: prior instrument and necessary for any litigation, the formal notice by attorney’s correspondence is a means of obtaining the enforcement of an agreement by the opposing party and at least, to announce to the latter a time period, at the end of which, if no voluntary enforcement is made by the defaulting party, a court action shall be initiated;
- The summons to pay with application of the termination clause: instrument indicating that upon failure to make the settlement of a certain amount prior to the time period mentioned, the lessor may request the termination of the lease before the civil courts;
- The summons: instrument initiating proceedings for a civil process, the summons is the instrument by which a party initiates a process against another party to request the cessation or performance of actions and/or to request the party for an indemnity payment or damages;
- The submissions: written exchanges which most often are made between the parties’ attorneys following the summons and which develop the legal arguments for each party;
MOSAIK may also assist you in order to take all the preliminary measures (protective measures), in order to protect your interests, by requesting:
- Garnishment order: seizure of amounts due with a third party, such as, for example, a bank (seizure on a bank account)
- Salary seizure: seizure of salaries paid by the employer
- Mortgage: right enabling the title holder to be paid as a priority in the event of the sale of the real estate
- Execution order for sale of assets: seizure of moveable assets for sale, amicably or by auction, in order to reimburse the creditor
Through its experience, MOSAIK has an acute command of the procedural instruments to be implemented for its clients to initiate a quick procedure. Depending on the level of urgency, several options are possible.
MOSAIK is also experienced to assist its clients when they require recourse to technical experts in order to evaluate the value of property, determine the origin of damage, defect a technical problem or design defect (link to the expertise litigation section).
In this regard, MOSAIK works in partnership with numerous experts certified at the different Courts of Appeal in France.