JURITEXT000006956032 Généré par l'IA

Waiver of Condition Precedent in Property Sale Agreement

Numéro de cause JURITEXT000006956032

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-01-25

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A contract for the sale of an immovable property, stipulated as a preliminary agreement, was subject to a condition precedent that the buyer obtain specific financing within a stipulated timeframe, and although the buyer failed to secure the financing by the deadline, the court found that the seller, by subsequently accepting payment of the stipulated deposit and taking no action to rescind the agreement upon the deadline's passing, impliedly waived the condition, thereby validating the contract of sale.

Regeste Legislator

Généré par l'IA

Waiver of Condition Precedent in Property Sale Agreement: A contract for the sale of an immovable property, stipulated as a preliminary agreement, was subject to a condition precedent that the buyer obtain specific financing within a stipulated timeframe, and although the buyer failed to secure the financing by the deadline, the court found that the seller, by subsequently accepting payment of the stipulated deposit and taking no action to rescind the agreement upon the deadline's passing, impliedly waived the condition, thereby validating the contract of sale.