Notification under Article L

Reference decision: cc • No. 87-18.130 • 1989-05-10 • View the decision →

This decision provides important insight into your property law. Here is what it changes for you.

The situation

The notification provided for in Article L. 412-8 of the Rural Code, to the holder of the right of pre-emption, of a sale subject to a condition precedent does not constitute a promise to sell but a mere offer that becomes void upon the death of the seller occurring before acceptance.

What the law says

This decision confirms the fundamental principles of property law.

Key points

Strictly respect the statutory time limits for appeals
Keep all your supporting documents (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.

📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Cas d'usage pratiques

Farmland sale lapses after owner's death

In Saint-Rémy-de-Provence, a landowner notifies SAFER of a €180,000 sale of agricultural land, conditional on obtaining planning permission. During the two-month pre-emption period, the owner dies, and her heirs wish to sell to a developer who offered €250,000.

Application pratique:

The notification to SAFER was an offer that became void upon the owner's death. The heirs can now withdraw the land from pre-emption and sell to the developer without SAFER interference, provided they formally inform the notary and proceed with the new sale, as the original pre-emption right no longer binds the estate.

First-time buyers caught in seller's death

A young couple in Annecy agrees to buy a flat for €320,000 under a 'compromis de vente' with a mortgage clause. The sale is subject to the town hall waiving its pre-emption right. Before the town responds, the elderly seller passes away suddenly.

Application pratique:

Under the Cassation Court ruling, the owner's death voids the pre-emption notification, so the town can no longer exercise its right. The buyers should contact the notary immediately to secure the sale with the seller's heirs, as the original offer lapsed; they may need to re-sign the preliminary contract with the estate, but they cannot be forced to compete with the pre-emptor.

Co-owner dies before pre-emption waiver

In Bergerac, two siblings inherit a vineyard. One brother agrees to sell his half to a vintner for €90,000, but the other co-owner has a right of pre-emption. Before the co-owner formally waives, the selling brother dies in an accident.

Application pratique:

The notification to the remaining co-owner was merely an offer, now nullified by death. The pre-emption right cannot be exercised, and the buyer must negotiate with the deceased's estate. The estate should quickly confirm in writing to the notary that the original offer is void, and the buyer should request a new sale agreement from the heirs to avoid further delays.

Notification under Article L

The situation

What the law says

Key points

Informations juridiques

Source

Mots-clés

Cas d'usage pratiques

Farmland sale lapses after owner's death

First-time buyers caught in seller's death

Co-owner dies before pre-emption waiver

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Maître Zakine, Doctor of Law