Notice Given by the Notary

Reference decision: cc • No. 84-12.812 • 22 October 1985 • View decision →

This decision provides important insight into your property rights. Here is what it means for you.

Background

The notice given by the notary to the beneficiary of the right of pre-emption binds the seller only if it reproduces what the seller has agreed to offer; this is not the case in the event of a material error as to the property sold.

What the law says

This decision confirms the fundamental principles of property law.

Key points

Strictly comply with statutory time limits for appeals
Keep all your supporting documents (title deeds, deeds, correspondence)
Plan ahead: 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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Practical use cases

First-time buyer in Lyon receives incorrect pre-emption notice

Sophie and Marc, first-time buyers, have signed a preliminary sales agreement for a 60m² flat in Lyon's 6th arrondissement at €320,000. The notary sends a pre-emption notice to the local council but mistakenly describes the property as a 90m² flat on a different floor. The council decides not to pre-empt based on the erroneous notice.

Practical application:

The case law states that a pre-emption notice containing a material error about the property does not bind the seller. This means the seller is not bound by the council's decision not to pre-empt, and the sale may be invalid if the error is discovered. As buyers, you should immediately check the notice against the sales agreement and, if an error exists, ask the notary to reissue a correct notice to avoid future challenges. Keep all correspondence and the faulty notice as evidence; if the seller tries to withdraw, you may have grounds for compensation due to the notary's error.

Landlord selling Marseille building faces notice error fallout

Mr Dupont, a landlord in Marseille, is selling a commercial building with a plot number 123 for €850,000. The notary erroneously sends the pre-emption notice to the city with plot number 132, which does not exist. The city declines to pre-empt, but later the error is spotted during title checks.

Practical application:

Under this case law, a pre-emption notice with a material error (here the wrong plot number) means the seller is not bound by the city's decision. The sale cannot proceed safely because the pre-emption procedure was flawed. As the seller, you must instruct your notary to correct the notice and re-serve it immediately, restarting the two-month pre-emption period. Failure to do so could lead to the sale being voidable by any pre-emption beneficiary, causing months of delay and potential legal claims from the buyer. Secure all documents showing the chain of error to protect against professional liability claims if needed.

Co-owner in Paris disputes flawed parking space pre-emption

In a co-ownership near Paris's Parc Monceau, co-owner Madame Leclerc receives a pre-emption notice about a parking space being sold for €25,000. The notice describes it as 'identical to lot 12', but due to a typo, it references a non-existent lot. She exercises her right of pre-emption, only to later discover the actual parking space is smaller and obstructed by a pillar.

Practical application:

The ruling confirms that if a pre-emption notice contains a material error about the property, it does not bind the seller. Here, the erroneous description means the seller (the co-owner selling) is not obliged to sell to Madame Leclerc under those terms. As a co-owner who exercised pre-emption, you can demand a correct notice and, if the actual property differs significantly, you may withdraw your pre-emption request without penalty. You should write to the notary within 15 days of discovering the error, stating you relied on the faulty notice and are rescinding your offer. Keep the original faulty notice and all related correspondence; if the seller insists on the sale, you can cite this case to refuse and avoid a costly legal dispute.

Notice Given by the Notary

Background

What the law says

Key points

Legal information

Source

Keywords

Practical use cases

First-time buyer in Lyon receives incorrect pre-emption notice

Landlord selling Marseille building faces notice error fallout

Co-owner in Paris disputes flawed parking space pre-emption

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Maître Zakine, Doctor of Law