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In the event of cancellation of the sale of a property
Droit Immobilier

In the event of cancellation of the sale of a property

📅 Decision of 03 May 2018🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 30 views📖 2 min read

In the event of cancellation of the sale of a property, the restitution of the price received by the seller, in return for the return of the property by the purchaser, does not constitute compensable loss. Consequently, the judgment which, in order to jointly and severally order a notary and an estate agency to indemnify the sellers against their order to repay the sale price to the purchaser, holds that the seriousness of their breaches of their duty to advise requires them to compensate the purchaser's loss and to indemnify the sellers against all orders made against them, must be overturned.

Reference decision: Court of Cassation • No. 17-11.132 • 2018-05-03 • View the decision →

This decision sheds important light on your property rights. Here is how it affects you.

The situation

In the event of cancellation of the sale of a property, the restitution of the price received by the seller, in return for the return of the property by the purchaser, does not constitute compensable loss. Consequently, the judgment which, in order to jointly and severally order a notary and an estate agency to indemnify the sellers against their order to repay the sale price to the purchaser, holds that the seriousness of their breaches of their duty to advise requires them to compensate the purchaser's loss and to indemnify the sellers against all orders made against them, must be overturned.

What the law says

This decision confirms the fundamental principles of property law.

Key points

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

For an analysis of your situation: a 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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Legal information

  • Number: 17-11.132
  • Court: Cour de cassation
  • Decision of: 03 May 2018

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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