Reference decision: cc • No. 95-17.098 • 2001-05-15 • Consult the decision →
This decision sheds important light on your property rights. Here is what it changes for you.
The situation
No sum of money is due, in any capacity whatsoever, to the estate agent before the transaction for which he has received a written mandate has been effectively concluded and recorded in a single instrument containing the undertaking of the parties. When this undertaking contains a forfeiture clause or a condition precedent, the transaction cannot be regarded as effectively concluded, for the purposes of the third paragraph of Article 6 of the Law of 2 January 1970, in the event of forfeiture or as long as the right of forfeiture subsists or as long as the condition precedent is not fulfilled.
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Strictly comply with the statutory time limits for appeals
- Keep all your supporting documents (deeds, instruments, letters)
- Plan ahead: preventive advice always costs less than litigation
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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