Reference decision: Cour de cassation • N° 90-12.526 • 1991-10-15 • View decision →
This decision sheds important light on your property law. Here's what it changes for you.
The situation
As soon as the "compromis de vente" prepared by a notary specifies "that no agent is appointed by the seller to carry out the sale" and the seller directly participated in the price negotiation, so that the signatory of this "compromis de vente" could not have been mistaken about the notary's lack of authority to contract on behalf of the seller, that notary cannot be held to be the apparent agent of the seller.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with legal time limits for appeals
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Anticipate: preventive advice is always cheaper than litigation
For an analysis of your situation: 30-minute consultation 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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