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Except where an express clause complies with
Droit Foncier

Except where an express clause complies with

📅 Decision of 05 January 1985🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 15 views📖 2 min read

Except where an express clause complies with the requirements of the third paragraph of Article 72 of Decree No. 72-678 of 20 July 1972, a mandate, even an exclusive one, given to an estate agent confers only an intermediary role and does not have the effect of substituting the agent for the seller in carrying out the contemplated transaction.

Reference decision: cc • No. 83-13.560 • 1985-01-05 • View the decision →

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

The situation

Except where an express clause complies with the requirements of the third paragraph of Article 72 of Decree No. 72-678 of 20 July 1972, a mandate, even an exclusive one, given to an estate agent confers only an intermediary role and does not have the effect of substituting the agent for the seller in carrying out the contemplated transaction.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly comply with statutory time limits for appeals
  • Keep all your supporting documents (deeds, instruments, correspondence)
  • Plan ahead: 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: 83-13.560
  • Court: Cour de cassation
  • Decision of: 05 January 1985

Keywords

droit immobilierjurisprudencefoncier
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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