Judgment must be quashed which, for

This decision sheds important light on your property law. Here is what it means for you.

The situation

The judgment must be quashed which, in order to dismiss a purchaser’s claim for the performance of a promise of sale of a premises located in a commercial centre, which had been granted to him not by the owner but by a third party, holds that the purchaser had the possibility of obtaining from the third party proof of the existence of a written authority in his name and that the fact that he had previously dealt with this third party in another matter did not exempt him from this verification, without addressing the purchaser’s submissions arguing that the third party had presented himself to him upon the acquisition as the seller’s agent, had stated this capacity in the promise of sale and had agreed to receive, upon signature of the deed, a cheque payable to the seller, while at the same time holding that the third party had been instructed by the seller to find purchasers for another part of the same commercial centre.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with statutory time limits for appeals
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Be proactive: preventive advice is always less costly than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.