JURITEXT000006955234 Généré par l'IA

Property Sale Conditional on Loan Refusal Not Invalidating Contract

Numéro de cause JURITEXT000006955234

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-01-04

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A contract for the sale of an immovable property, subject to a condition precedent that the purchaser obtain a loan, was validly concluded upon the signing of the preliminary agreement, even though the loan was subsequently refused; the court ruled that the obligation to seek financing was incumbent upon the purchaser, and since the refusal by the lending institution was not attributable to any fault of the seller, the condition's failure did not nullify the initial agreement, leading to the rejection of the appeal against a decision enforcing the contract's commitment.

Regeste Legislator

Généré par l'IA

Property Sale Conditional on Loan Refusal Not Invalidating Contract: A contract for the sale of an immovable property, subject to a condition precedent that the purchaser obtain a loan, was validly concluded upon the signing of the preliminary agreement, even though the loan was subsequently refused; the court ruled that the obligation to seek financing was incumbent upon the purchaser, and since the refusal by the lending institution was not attributable to any fault of the seller, the condition's failure did not nullify the initial agreement, leading to the rejection of the appeal against a decision enforcing the contract's commitment.