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The clause of a contract of sale in
Droit Immobilier

The clause of a contract of sale in

📅 Decision of 23 May 2019🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 18 views📖 2 min read

The clause of a contract of sale in a future state of completion concluded between a professional and a non-professional or consumer which provides that in the event of a legitimate ground for suspending the delivery period of the sold property, justified by the seller to the purchaser by a letter from the project manager, delivery of the sold property will be delayed by a period equal to twice that actually recorded due to their impact on the general organisation of the worksite has neither the object nor the effect of creating, to the detriment of the non-professional or consumer, a significant imbalance between the rights and obligations of the parties to the contract and, therefore, is not unfair

Reference decision: cc • No. 18-14.212 • 2019-05-23 • View the decision →

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

The situation

The clause of a contract of sale in a future state of completion concluded between a professional and a non-professional or consumer which provides that in the event of a legitimate ground for suspending the delivery period of the sold property, justified by the seller to the purchaser by a letter from the project manager, delivery of the sold property will be delayed by a period equal to twice that actually recorded due to their impact on the general organisation of the worksite has neither the object nor the effect of creating, to the detriment of the non-professional or consumer, a significant imbalance between the rights and obligations of the parties to the contract and, therefore, is not unfair

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Anticipate: 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: 18-14.212
  • Court: Cour de cassation
  • Decision of: 23 May 2019

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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