Rescission of the Sale Contract

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

The situation

The rescission of a sale contract renders the finance lease that financed the transaction void as of the effective date of rescission. Consequently, an appellate court that ordered the rescission of the sale as of the date of its conclusion rightly held that the warranty and waiver of recourse clauses in the finance lease contract were inapplicable in the event of termination of the sale, and that the lessee was required to return the financed property to the lessor, who in turn had to repay the rental payments.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

• Strictly comply with statutory time limits for appeals
• Keep all supporting documents (titles, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

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