JURITEXT000006954693 Généré par l'IA

Property Purchase Conditional on Loan Refusal: Deposit Retention Upheld

Numéro de cause JURITEXT000006954693

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-03-16

Issue du litige Rejeté (Dismissed)

Ouvrir la source officielle Version Markdown lisible par machine (.md)

Synthèse Legislator

Généré par l'IA

A party contracted to purchase property under the condition precedent of obtaining a loan, and when the loan was refused, the agreement was voided; the court ruled that since the refusal of the loan was not the fault of the seller, the seller was entitled to retain the deposit paid by the purchaser, as the non-fulfillment of the condition precedent, which was mutually stipulated for the benefit of the purchaser, could not be invoked against the seller who had no control over the financing, thereby rejecting the appeal.

Regeste Legislator

Généré par l'IA

Property Purchase Conditional on Loan Refusal: Deposit Retention Upheld: A party contracted to purchase property under the condition precedent of obtaining a loan, and when the loan was refused, the agreement was voided; the court ruled that since the refusal of the loan was not the fault of the seller, the seller was entitled to retain the deposit paid by the purchaser, as the non-fulfillment of the condition precedent, which was mutually stipulated for the benefit of the purchaser, could not be invoked against the seller who had no control over the financing, thereby rejecting the appeal.