Real estate

Real estate and rental disputes / Construction

MOSAIK has extensive expertise in the real estate and rental sector , enabling it to quickly identify problems and possible solutions in situations such as :

  • Tenant's failure to pay rent
  • Owner's failure to fulfill commitments
  • Disputes over condominium charges
  • Disputes over work (lessor / lessee; co-owners / syndicat de copropriété)
  • Identifying defects and/or faulty workmanship on a property
  • Involvement of subcontractors or service providers responsible for defects and/or faulty workmanship
  • Involvement of insurance companies to cover sums due
  • Implementation of the completion guarantee, biennial guarantee, decennial guarantee
  • Seizure of your property
  • Assistance with legal expertise

In this respect, MOSAIK can ensure or assist in the drafting of all the various procedural documents required to defend the interests of its clients, in particular :

  • Formal notice: a preliminary and necessary act in any dispute, formal notice by lawyer's letter is a means of obtaining the performance of a contract by your adversary, and at the very least of announcing a deadline at the end of which, in the absence of voluntary performance on your part, legal action will be taken;
  • A summons to pay in accordance with the resolutory clause: a document stating that if a certain sum is not paid within the specified time, the lessor may apply to the courts to have the lease cancelled;
  • The writ of summons: an act initiating proceedings in a civil case, the writ of summons is the act by which one party initiates proceedings against another party to demand that the latter cease or carry out acts and/or demand payment of compensation or damages;
  • Briefs: written exchanges that usually take place between the parties' lawyers following the summons and which develop the legal arguments of each party;

MOSAIK can also assist you in taking any preliminary measures (conservatory measures) to preserve your interests by requesting :

  • Attachment: seizure of sums owed to a third party, such as a bank (seizure of a bank account).
  • Seizure of wages: seizure of wages paid by the employer
  • Hypothèque: right entitling the titleholder to priority payment in the event of sale of the property
  • Saisie-vente: seizure of movable property to be sold out of court or by public auction in order to reimburse the creditor.

Thanks to its experience, MOSAIK has an acute grasp of the procedural tools it can use to help its clients initiate fast-track proceedings. Depending on the degree of urgency, several options are available.

MOSAIK is also competent to assist its customers when they need to call in technical experts to assess the value of the property, determine the origin of a disorder, defect, technical or design problem.

As such, MOSAIK works in partnership with numerous experts recognized by the various Courts of Appeal in France.