Seller v. Buyer: Enforceability of Conditional Sale Agreement Lacking Deadline for Buyer's Diligence
France (FR)
Synthèse Legislator
Généré par l'IAA contractual agreement stipulating the sale of a building stipulated that the transfer of ownership was contingent upon the buyer obtaining the necessary administrative authorizations to carry out specific works, and the buyer, after being unable to secure these authorizations, sought to be released from the obligation, leading the seller to sue for forced execution of the sale. The Court of Cassation held that since the condition precedent—obtaining the authorizations—was exclusively dependent on the buyer's diligence and the contract did not specify a deadline for this diligence, the buyer could not unilaterally invoke the non-fulfillment of the condition to escape the sale, as they had not proven they made every reasonable effort to obtain the required permits.
Regeste Legislator
Généré par l'IASeller v. Buyer: Enforceability of Conditional Sale Agreement Lacking Deadline for Buyer's Diligence: The Court of Cassation held that since the condition precedent—obtaining the authorizations—was exclusively dependent on the buyer's diligence and the contract did not specify a deadline for this diligence, the buyer could not unilaterally invoke the non-fulfillment of the condition to escape the sale, as they had not proven they made every reasonable effort to obtain the required permits.