SAFER Pre-emption: Can the Dispossessed Purchaser Sue for Nullity?

You own a plot in Roquebrune-Cap-Martin and have found a buyer. The preliminary contract is signed, everything is going well. But then the SAFER (Société d'aménagement foncier et d'établissement rural) exercises its right of pre-emption and buys the land in your place. What can you do? Can the initial purchaser challenge this decision? The Court of Cassation answered on 13 June 2024, and its decision is a breath of fresh air for owners and their buyers.

The facts: a story that happens every day

Mr X, owner in Roquebrune-Cap-Martin, had signed a preliminary sale contract with Mr Y for a building plot. The notary notified the SAFER of the proposed sale, in accordance with Article L. 412-8 of the Rural and Maritime Fishing Code. The SAFER then exercised its right of pre-emption, buying the land instead of Mr Y. However, the SAFER did not execute the notarial deed within the two-month period provided by law. Mr Y, the dispossessed purchaser, therefore sued the SAFER for nullity of the pre-emption declaration. The Court of Appeal ruled in his favour. The SAFER appealed to the Court of Cassation, arguing that only the seller (Mr X) had standing to sue, not the dispossessed purchaser.

The court's reasoning — broken down

The Court of Cassation dismissed the SAFER's appeal. It held that, under Article L. 412-8, paragraph 4, of the Rural and Maritime Fishing Code, the dispossessed purchaser – i.e., the person mentioned in the notary's notification as the proposed purchaser – has standing to sue for nullity of the pre-emption declaration if the notarial deed is not executed within the legal time limit. In short, the law states that the pre-emption is null and void by operation of law if the SAFER does not sign the deed within two months of notification, and that this nullity may be invoked by any interested party, including the dispossessed buyer. The Court recalled that the dispossessed purchaser suffers direct harm from the pre-emption and therefore has a legitimate interest to sue. However, note: the nullity is not automatic; it must be declared by a court after prior formal notice.

What this means for you — in practice

If you are a seller-owner: you can now be reassured that your buyer will be able to defend their rights if the SAFER does not finalise the purchase within the deadlines. Example: in Beaulieu-sur-Mer, a seller and his buyer were able to have a SAFER pre-emption that had been dragging on for six months annulled. If you are a dispossessed purchaser: you now have the possibility to take direct legal action. You must first send a formal notice to the SAFER by a bailiff (formerly huissier), then, after 15 days, apply to the court to have the nullity declared. If you are a property professional: these deadlines are mandatory; any imperfect notification can be challenged.

Four tips to avoid this type of dispute

• Check that the SAFER's notification is complete: it must mention the price and conditions of the sale, as well as the identity of the dispossessed purchaser.
• If you are a purchaser, ask your notary to monitor the deadline for the execution of the notarial deed by the SAFER.
• In case of delay, send a formal notice by bailiff the day after the two-month deadline expires.
• Keep all evidence of your steps: notifications, letters, acknowledgements of receipt.

Further details: related case law and developments

This decision confirms a trend already initiated by the Court of Cassation in a judgment of 12 September 2019 (No. 18-21.045), which recognised the standing of the dispossessed purchaser in urban pre-emption matters. Here, the Court extends this reasoning to rural law. The lower courts (Courts of Appeal) now follow this line, which strengthens the protection of purchasers. For the future, we can expect SAFERs to be more diligent in executing notarial deeds, on pain of systematic nullity.

Summary and next steps

FAQ:

• Who can sue for nullity of a SAFER pre-emption? The dispossessed purchaser mentioned in the notification.
• What is the time limit to act? After expiry of the two-month period for signing the notarial deed, then formal notice of 15 days, then legal proceedings.
• What if the SAFER does not respond? Apply to the competent judicial court (that of the location of the property).
• Can I obtain damages? Yes, if you prove harm (loss of opportunity, price difference, etc.).
• Do I need a lawyer? Yes, the procedure is technical and requires a professional.

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