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Suspensive condition: too short an acceptance period cancels the sale (67)
Droit-immobilier

Suspensive condition: too short an acceptance period cancels the sale (67)

📅 Decision of 30 April 1997🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 20 views📖 2 min read

The Court of Appeal, noting that the sale deed specified that the suspensive condition would be fulfilled upon the purchaser's acceptance of the offer, said offer to be made no later than one month, i.e., before 5 April 1987, and acceptance to occur between the tenth and fifteenth day after receipt of the offer, i.e., no later than 20 April 1987, and finding that no loan deed had been formalised by the agreed deadline of 20 April 1987, could deduce that the condition was to be considered as having failed and that the purchasers could no longer require the sale deed, having become void, to be renewed.

Reference decision: cc • No. 95-15.452 • 30 April 1997 • View decision →

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

The situation

The Court of Appeal, noting that the sale deed specified that the suspensive condition would be fulfilled upon the purchaser's acceptance of the offer, said offer to be made no later than one month, i.e., before 5 April 1987, and acceptance to occur between the tenth and fifteenth day after receipt of the offer, i.e., no later than 20 April 1987, and finding that no loan deed had been formalised by the agreed deadline of 20 April 1987, could deduce that the condition was to be considered as having failed and that the purchasers could no longer require the sale deed, having become void, to be renewed.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly observe the legal time limits for recourse
  • 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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Legal information

  • Number: 95-15.452
  • Court: Cour de cassation
  • Decision of: 30 April 1997

Keywords

droit immobilierjurisprudenceimmobilier

Practical use cases

1

First-time buyer loses loan condition deadline

A couple in Lyon signed a preliminary sale agreement with a suspensive condition requiring them to obtain a mortgage loan by 20 April. They applied for a loan but the formal offer was accepted by the bank on 25 April. The seller refuses to proceed, claiming the condition failed.

Practical application:

This case law confirms that strict compliance with deadlines is essential. The buyers cannot enforce the sale because the condition was not fulfilled by the agreed date. To avoid this, buyers should ensure the preliminary contract allows sufficient time for loan processing, or obtain a written extension from the seller before the deadline expires.

2

Seller cancels sale after buyer misses condition

A seller in Bordeaux accepted an offer subject to the buyer securing financing by 15 March. The buyer's loan approval was delayed, and the buyer asked for more time. The seller cancelled the sale on 16 March and sold to another buyer at a higher price.

Practical application:

Under this ruling, the seller is entitled to consider the condition failed if the deadline is missed. The buyer cannot force completion. Sellers should strictly adhere to deadlines and send a formal notice of cancellation as soon as the condition fails. Buyers should apply for loans well in advance and request contract amendments if delays are likely.

3

Tenant fails to exercise pre-emption right in time

A tenant in Paris received an offer to purchase the flat she rents, with a pre-emption right exercisable within one month. She waited until the 30th day to send her acceptance, but the landlord had already sold to a third party on day 29.

Practical application:

The case law emphasises that time limits are strict. The tenant's acceptance was too late. Tenants must act promptly and use registered mail with acknowledgement of receipt to prove timely exercise of rights. If the deadline is missed, no legal recourse is available to annul the sale.

Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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