JURITEXT000006953698 Généré par l'IA

Seller Refusal to Finalize Sale and Retention of Down Payment

Numéro de cause JURITEXT000006953698

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-04-22

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

A seller, having promised to sell a property to a prospective buyer and received a down payment, subsequently refused to finalize the sale and refused to return the down payment when the buyer withdrew, prompting the buyer to sue for the return of the sum; the Court of Cassation ruled that a unilateral promise to sell, even when registered, does not constitute a transfer of ownership, and since the definitive contract had not been executed, the seller was obligated to return the deposit received as it represented an undue enrichment, leading to the quashing of the lower court's decision which had upheld the retention of the funds.

Regeste Legislator

Généré par l'IA

Seller Refusal to Finalize Sale and Retention of Down Payment: A seller, having promised to sell a property to a prospective buyer and received a down payment, subsequently refused to finalize the sale and refused to return the down payment when the buyer withdrew, prompting the buyer to sue for the return of the sum; the Court of Cassation ruled that a unilateral promise to sell, even when registered, does not constitute a transfer of ownership, and since the definitive contract had not been executed, the seller was obligated to return the deposit received as it represented an undue enrichment, leading to the quashing of the lower court's decision which had upheld the retention of the funds.