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Only the sale mandate given to
Droit Immobilier

Only the sale mandate given to

📅 Decision of 06 October 1993🔄 Updated on 8 October 2026⚖️ Cour de cassation👁️ 29 views📖 2 min read

Only the sale mandate given to the estate agent entitles him to his fee. Consequently, the Court of Appeal, which, in order to order the purchaser of a property to pay a sum as damages to an estate agent, bases its decision on the viewing form signed by the purchaser in favour of the estate agent and containing the purchaser's undertaking not to purchase the property without the involvement of the estate agent under penalty of damages, violates articles 7 of the Act of 2 January 1970 and articles 72 and 73 of the Decree of 20 July 1972.

Reference decision: cc • No. 91-10.747 • 1993-10-06 • View the decision →

This decision sheds important light on your real estate rights. Here is what it changes for you.

The situation

Only the sale mandate given to the estate agent entitles him to his fee. Consequently, the Court of Appeal, which, in order to order the purchaser of a property to pay a sum as damages to an estate agent, bases its decision on the viewing form signed by the purchaser in favour of the estate agent and containing the purchaser's undertaking not to purchase the property without the involvement of the estate agent under penalty of damages, violates articles 7 of the Act of 2 January 1970 and articles 72 and 73 of the Decree of 20 July 1972.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the legal time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Anticipate: preventive advice is always cheaper than litigation

For an analysis of your situation: 30 min 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: 91-10.747
  • Court: Cour de cassation
  • Decision of: 06 October 1993

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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