Does not constitute unjust enrichment

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

The situation

That which originates in one of the legal modes of acquiring a right, such as a contract, does not constitute unjust enrichment. The estate agent who, at first instance, had his claim for payment of a commission dismissed on the ground that at the time of the transaction which he had been instructed to bring to a successful conclusion, he did not hold the professional card required by the Law of 2 January 1970 and was not authorised to engage in transactions relating to immovable property, is not entitled to base his claim on appeal on unjust enrichment which, even if established, had its source in the contract.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory time limits for lodging an appeal
• 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.