Reference decision: cc • No. 82-14.097 • 1983-12-19 • View decision →
This decision provides important clarification on your property law. Here is what it changes for you.
The situation
Article 74 of Decree No. 72-678 of 20 July 1972 expressly distinguishes between a forfeiture clause and a suspensive condition, and it is irrelevant for the validity of the former that a party has obstructed the fulfilment of a suspensive condition or can no longer rely on it. And where a Court of Appeal has applied a forfeiture clause stipulated in a promise to sell, it is precisely because it considers that the public policy provisions of Article 6(3) of Law No. 70-9 of 2 January 1970 and Article 74 of the aforementioned Decree do not allow the estate agent to demand payment of a commission, notwithstanding a contrary clause inserted in the promise to sell.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with the legal time limits for appeals
- Keep all your supporting documents (titles, deeds, correspondence)
- Anticipate: preventive advice always costs less than litigation
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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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