JURITEXT000006953318 Généré par l'IA

Contract Waiver of Mortgage Condition Precedent

Numéro de cause JURITEXT000006953318

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-01-28

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A contract for the sale of real property, stipulated as a preliminary agreement subject to the condition precedent of obtaining formal mortgage approval, was deemed legally binding from the date of its signing, despite the subsequent failure to obtain the financing, because the purchaser’s subsequent actions indicated a clear, voluntary waiver of that condition, effectively confirming their unconditional commitment to the sale.

Regeste Legislator

Généré par l'IA

Contract Waiver of Mortgage Condition Precedent: A contract for the sale of real property, stipulated as a preliminary agreement subject to the condition precedent of obtaining formal mortgage approval, was deemed legally binding from the date of its signing, despite the subsequent failure to obtain the financing, because the purchaser’s subsequent actions indicated a clear, voluntary waiver of that condition, effectively confirming their unconditional commitment to the sale.