Real estate case law: analysis and practical advice

This decision sheds important light on your real estate law. Here is what it changes for you.

The situation

THE COMPANY WHICH, AFTER HAVING INCITED ITS REPRESENTATIVE TO ABANDON THE PROSPECTING OF CERTAIN PRODUCTIONS TO DEVOTE HIMSELF TO THAT OF AN ARTICLE SUPPLIED BY A FOREIGN FIRM, GAVE HIM IMPERATIVE DIRECTIVES WITH A VIEW TO INTENSIVE SALE WITHOUT CONCLUDING ANY AGREEMENT WITH ITS SUPPLIER NOR ENSURING THAT THE GOODS WOULD BE DELIVERED TO IT IN SUFFICIENT QUANTITY AND IN GOOD TIME TO SATISFY THE ORDERS TAKEN BY ITS REPRESENTATIVE, ACTED WITH SUCH RECKLESSNESS THAT, IN THE EVENT OF THE SUPPLIER'S DEFAULT, IT IS PREVENTED FROM INVOKING FORCE MAJEURE TO EVADE ITS OBLIGATIONS TOWARDS ITS REPRESENTATIVE. IT MUST BE CONSIDERED RESPONSIBLE FOR THE TERMINATION OF THEIR AGREEMENTS FOLLOWING THE REFUSAL BY THE REPRESENTATIVE OF THE OFFER OF COLLABORATION WHICH IT HAD MADE TO HIM FOR OTHER GOODS WITH DIFFERENT COMMISSION RATES.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with statutory deadlines for legal recourse.
• Keep all your supporting documents (title deeds, instruments, correspondence).
• Anticipate: preventive advice always costs less than litigation.

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