Ratification of Contract Signed by Agent Lacking Written Mandate
Synthèse Legislator
Généré par l'IAA dispute arose concerning the validity of a contract for the sale of immovable property negotiated by an intermediary, where the buyer later sought to withdraw, asserting the intermediary lacked the requisite mandate to conclude the sale; the appellate court affirmed the lower court's decision, reasoning that although a formal mandate in writing is generally required for the sale of real estate, the principal's subsequent ratification of the intermediary's actions, evidenced by their full knowledge and acceptance of the terms, retroactively validated the agreement, thereby binding the principal to the contract.
Regeste Legislator
Généré par l'IARatification of Contract Signed by Agent Lacking Written Mandate: A dispute arose concerning the validity of a contract for the sale of immovable property negotiated by an intermediary, where the buyer later sought to withdraw, asserting the intermediary lacked the requisite mandate to conclude the sale; the appellate court affirmed the lower court's decision, reasoning that although a formal mandate in writing is generally required for the sale of real estate, the principal's subsequent ratification of the intermediary's actions, evidenced by their full knowledge and acceptance of the terms, retroactively validated the agreement, thereby binding the principal to the contract.