JURITEXT000006952837 Généré par l'IA

Exclusive Sale Mandate Breach and Commission Entitlement

Numéro de cause JURITEXT000006952837

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-01-13

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

A property owner granted an exclusive right of sale to an agent for a fixed period, after which the mandate would be tacitly renewed unless specifically terminated by the principal, and the owner later sold the property directly to a third party before the initial term expired, the court found that the agent was entitled to the commission stipulated in the contract upon the sale, as the clause granting the exclusive right of sale effectively prohibited the owner from selling the property themselves during the term, and the subsequent sale, regardless of whether the agent was involved in securing the buyer, constituted a breach of the exclusivity provision triggering the commission payment obligation.

Regeste Legislator

Généré par l'IA

Exclusive Sale Mandate Breach and Commission Entitlement: A property owner granted an exclusive right of sale to an agent for a fixed period, after which the mandate would be tacitly renewed unless specifically terminated by the principal, and the owner later sold the property directly to a third party before the initial term expired, the court found that the agent was entitled to the commission stipulated in the contract upon the sale, as the clause granting the exclusive right of sale effectively prohibited the owner from selling the property themselves during the term, and the subsequent sale, regardless of whether the agent was involved in securing the buyer, constituted a breach of the exclusivity provision triggering the commission payment obligation.