Le promettant signataire d'une

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

The promisor who signs a unilateral promise to sell is definitively bound to sell as soon as the preliminary contract is concluded, without any possibility of withdrawal, unless otherwise stipulated. Having noted that the promisor gave his consent to the sale without restriction and that the beneficiaries exercised the option within the agreed time limits, a Court of Appeal rightly holds that the withdrawal of the promisor does not constitute a circumstance capable of preventing the formation of the sale and that the sale is perfected.

What the law says

This decision confirms the fundamental principles of property law.

Key points

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

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