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Since the purchaser of a
Droit Immobilier

Since the purchaser of a

📅 Decision of 04 October 1994🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 10 views📖 2 min read

Since the purchaser of a building, who undertook not to use it for any purpose other than residential use for a minimum period of 3 years in order to benefit from the regime provided for by Article 710 of the French General Tax Code, lets it for commercial use less than 3 years after its acquisition, the court correctly holds that he has not complied with his undertaking, it being irrelevant in that regard whether or not the tenant proceeded with the operation authorised by the contract.

Reference decision: cc • No. 92-21.419 • 1994-10-04 • View decision →

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

The situation

Since the purchaser of a building, who undertook not to use it for any purpose other than residential use for a minimum period of 3 years in order to benefit from the regime provided for by Article 710 of the French General Tax Code, lets it for commercial use less than 3 years after its acquisition, the court correctly holds that he has not complied with his undertaking, it being irrelevant in that regard whether or not the tenant proceeded with the operation authorised by the contract.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Scrupulously comply with the statutory time limits for bringing proceedings
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: consultation 30 min at €45 with Maître Zakine.

📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 92-21.419
  • Court: Cour de cassation
  • Decision of: 04 October 1994

Keywords

droit immobilierjurisprudenceimmobilier
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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