Forfeiture clause: can you lose your deposit despite a suspensive condition?

Application pratique:

This case law confirms that a forfeiture clause can be enforced even if the buyer obstructed the suspensive condition, but the estate agent cannot claim commission because Article 74 of Decree No. 72-678 prohibits it. The buyer should refuse to pay, citing the public policy rule. If the agent persists, the buyer can seek legal advice or a court declaration that the commission is void.

Application pratique:

The landlord can validly apply the forfeiture clause even if the tenant obstructed the suspensive condition (the sale). The tenant cannot argue that the condition was not fulfilled because of his own actions. The landlord should send a formal notice confirming forfeiture, then proceed with eviction if necessary, keeping evidence of the tenant’s obstruction.

Application pratique:

The co-owner who did not obstruct can rely on the forfeiture clause to terminate the promise and potentially claim damages. The case law clarifies that the public policy rules on estate agents’ commissions do not affect forfeiture clauses between co-owners. The aggrieved co-owner should send a registered letter invoking the forfeiture clause and, if necessary, seek a court order to force the sale or dissolve the co-ownership.