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The restitution of rents and
Droit Immobilier

The restitution of rents and

📅 Decision of 29 September 2016🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 28 views📖 2 min read

The restitution of rents and security deposits ordered following the cancellation of a sale contract does not constitute a compensable loss. Therefore, the judgment ordering the notary to indemnify the purchaser of a building for half of the orders made against him in respect of the repayment of rents and security deposits must be quashed.

Reference decision: cc • N° 15-15.129 • 2016-09-29 • View decision →

This decision sheds important light on your property rights. Here's what it means for you.

The situation

The restitution of rents and security deposits ordered following the cancellation of a sale contract does not constitute a compensable loss. Therefore, the judgment ordering the notary to indemnify the purchaser of a building for half of the orders made against him in respect of the repayment of rents and security deposits must be quashed.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly adhere to statutory limitation periods for appealing
  • Keep all your supporting documents (title deeds, instruments, letters)
  • Be proactive: preventive advice is always cheaper 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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Legal information

  • Number: 15-15.129
  • Court: Cour de cassation
  • Decision of: 29 September 2016

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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