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Le promettant signataire d'une
Droit Immobilier

Le promettant signataire d'une

📅 Decision of 23 June 2021🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 19 views📖 2 min read

The promisor who signs a unilateral promise to sell is definitively bound to sell as soon as the preliminary contract is concluded, without any possibility of withdrawal, unless otherwise stipulated. Having noted that the promisor gave his consent to the sale without restriction and that the beneficiaries exercised the option within the agreed time limits, a Court of Appeal rightly holds that the withdrawal of the promisor does not constitute a circumstance capable of preventing the formation of the sale and that the sale is perfected.

Reference decision: cc • No. 20-17.554 • 2021-06-23 • View the decision →

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

The promisor who signs a unilateral promise to sell is definitively bound to sell as soon as the preliminary contract is concluded, without any possibility of withdrawal, unless otherwise stipulated. Having noted that the promisor gave his consent to the sale without restriction and that the beneficiaries exercised the option within the agreed time limits, a Court of Appeal rightly holds that the withdrawal of the promisor does not constitute a circumstance capable of preventing the formation of the sale and that the sale is perfected.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with the statutory time limits for legal recourse
  • Keep all your 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: 20-17.554
  • Court: Cour de cassation
  • Decision of: 23 June 2021

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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