Due to the retroactive effect of the

Application pratique:

Under this case law, the retroactive cancellation means the seller is not entitled to any payment for the buyer's use or wear and tear. The buyer should formally reject the seller's demand and, if necessary, initiate court proceedings to annul the sale and reclaim the purchase price, citing the Cour de cassation decision (N° 14-26.958). Keep all pest inspection reports, correspondence, and expert assessments.

Application pratique:

The ruling confirms that when a sale is resolved, the seller cannot claim compensation for use or normal deterioration. The investor should reject the demand, providing the seller with a formal notice referencing this case law. If a court case is filed, present the decision to defend against any occupancy charges. Maintain a file with the clause suspending the sale, refusal documents, and the cancellation notice.

Application pratique:

Due to the retroactive effect of the sale resolution, the seller has no right to claim occupation compensation. The buyer should refuse payment and, if pressured, instruct a solicitor to write a letter invoking the principle established by the Cour de cassation. Retain the initial sale agreement, proof of the denied permission, and any communications demanding payment as evidence in potential litigation.