When a company accepts without

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

The situation

When a company accepts without reserve the conditions of a bank's financing offer which makes the release of the loan of the part of the price it advances subject to payment, by the purchaser, of the fraction of that price payable in cash, and the loan agreement, constituting the underlying relationship between the parties, has not been formed, a Court of Appeal correctly decides that this company, which cashed the cheque handed over in performance of the loan agreement in accordance with the stipulations of the attached slip, had to return the amount to the bank, irrespective of the erroneous grounds holding, with regard to the law of cheques, that the disputed clause prevented the cashing of such a payment instrument.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

• Strictly comply with legal time limits for appeals
• Keep all your supporting documents (titles, deeds, letters)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.