Notice Given by the Notary

Application pratique:

The case law states that a pre-emption notice containing a material error about the property does not bind the seller. This means the seller is not bound by the council's decision not to pre-empt, and the sale may be invalid if the error is discovered. As buyers, you should immediately check the notice against the sales agreement and, if an error exists, ask the notary to reissue a correct notice to avoid future challenges. Keep all correspondence and the faulty notice as evidence; if the seller tries to withdraw, you may have grounds for compensation due to the notary's error.

Application pratique:

Under this case law, a pre-emption notice with a material error (here the wrong plot number) means the seller is not bound by the city's decision. The sale cannot proceed safely because the pre-emption procedure was flawed. As the seller, you must instruct your notary to correct the notice and re-serve it immediately, restarting the two-month pre-emption period. Failure to do so could lead to the sale being voidable by any pre-emption beneficiary, causing months of delay and potential legal claims from the buyer. Secure all documents showing the chain of error to protect against professional liability claims if needed.

Application pratique:

The ruling confirms that if a pre-emption notice contains a material error about the property, it does not bind the seller. Here, the erroneous description means the seller (the co-owner selling) is not obliged to sell to Madame Leclerc under those terms. As a co-owner who exercised pre-emption, you can demand a correct notice and, if the actual property differs significantly, you may withdraw your pre-emption request without penalty. You should write to the notary within 15 days of discovering the error, stating you relied on the faulty notice and are rescinding your offer. Keep the original faulty notice and all related correspondence; if the seller insists on the sale, you can cite this case to refuse and avoid a costly legal dispute.