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Cannot constitute a lease-purchase agreement
Droit Immobilier

Cannot constitute a lease-purchase agreement

📅 Decision of 08 April 2009🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 21 views📖 2 min read

A contract that does not provide for an option to purchase in favour of the prospective purchaser but which contains reciprocal obligations to sell and to buy cannot constitute a lease-purchase agreement.

Reference decision: cc • N° 07-21.496 • 2009-04-08 • Consult the decision →

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

The situation

A contract that does not provide for an option to purchase in favour of the prospective purchaser but which contains reciprocal obligations to sell and to buy cannot constitute a lease-purchase agreement.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the legal deadlines 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: 07-21.496
  • Court: Cour de cassation
  • Decision of: 08 April 2009

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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