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Property Tax Payable
Droit Immobilier

Property Tax Payable

📅 Decision of 09 November 2004🔄 Updated on 5 October 2026⚖️ Cour de cassation👁️ 16 views📖 2 min read

The property tax must be paid by the person who receives the income from the property. Where a Court of Appeal cancels a contract for the sale of real property, orders restitution to the seller property investment company and repayment of the price to the purchasers, it cannot order the notary who drafted the deed, jointly and severally with that SCI, to pay the amount of taxes to the purchasers, whom it finds to have acted in good faith and to have been able to behave as owners and to retain the rent collected until the summons.

Reference decision: cc • N° 01-16.382 • 2004-11-09 • Consult the decision →

This decision provides important insight into your property rights. Here's what changes for you.

The situation

The property tax must be paid by the person who receives the income from the property. Where a Court of Appeal cancels a contract for the sale of real property, orders restitution to the seller property investment company and repayment of the price to the purchasers, it cannot order the notary who drafted the deed, jointly and severally with that SCI, to pay the amount of taxes to the purchasers, whom it finds to have acted in good faith and to have been able to behave as owners and to retain the rent collected until the summons.

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 supporting documents (title deeds, instruments, correspondence)
  • Anticipate: preventive advice always costs less 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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Legal information

  • Number: 01-16.382
  • Court: Cour de cassation
  • Decision of: 09 November 2004

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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