It is rightly so that an appellate court

Application pratique:

Under the Court of Cassation ruling, an agent must return any commission received before a condition precedent is fulfilled—even if the condition later fails. Sophie should formally demand a full refund in writing, citing this case. If the agent still refuses, she can initiate small claims proceedings (tribunal judiciaire) to recover the €7,000 plus interest.

Application pratique:

This ruling confirms that payment before condition fulfilment is premature—Alain is entitled to reclaim the €10,000 regardless of any eventual permission. He should send a mise en demeure (formal notice) to the agent demanding repayment within 15 days. Should the agent dispute this, Alain can rely on this Cour de Cassation precedent in court to obtain restitution.

Application pratique:

Even though the condition was eventually satisfied, the agent’s early receipt of the commission was unlawful from the start. Marc can demand an immediate refund of the €15,000, explaining that payment is only due upon actual fulfilment—and not before. If the agent resists, Marc can seek a court order referencing this binding precedent, which protects both buyers and sellers from premature fee extraction.