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When a property dealer has acquired
Droit Immobilier

When a property dealer has acquired

📅 Decision of 07 July 2015🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 18 views📖 2 min read

When a property dealer has acquired a building, undertaking to resell the property within a maximum period of four years, while specifying that this period would be reduced to two years for resales consisting of sales by lots triggering one of the tenants' rights of pre-emption under Article 10 of Law No. 75-1351 of 31 December 1975 or Article 15 of Law No. 89-462 of 6 July 1989, the resale of lots leased at the time of acquisition but vacant at the time of resale is subject to the four-year period and not the two-year period.

Reference decision: cc • No. 13-23.366 • 2015-07-07 • View the decision →

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

The situation

When a property dealer has acquired a building, undertaking to resell the property within a maximum period of four years, while specifying that this period would be reduced to two years for resales consisting of sales by lots triggering one of the tenants' rights of pre-emption under Article 10 of Law No. 75-1351 of 31 December 1975 or Article 15 of Law No. 89-462 of 6 July 1989, the resale of lots leased at the time of acquisition but vacant at the time of resale is subject to the four-year period and not the two-year period.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the statutory time limits for appeals
  • Keep all your supporting documents (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: 13-23.366
  • Court: Cour de cassation
  • Decision of: 07 July 2015

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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