JURITEXT000006957004 Généré par l'IA

Seller v. Buyer: Breach of Warranty Against Eviction Due to Undisclosed Right of First Refusal

Numéro de cause JURITEXT000006957004

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-03-03

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

An individual, having contracted to purchase property, refused to proceed with the sale after learning that a prior agreement granting a right of first refusal to a third party had not been properly cancelled, leading the seller to sue for forced execution and damages; the court held that the vendor's obligation to warrant the property against eviction, which includes ensuring the buyer's peaceful enjoyment against prior rights such as an undisclosed right of first refusal, was breached, thereby justifying the purchaser's refusal to complete the sale and warranting the dismissal of the seller's claims for forced execution.

Regeste Legislator

Généré par l'IA

Seller v. Buyer: Breach of Warranty Against Eviction Due to Undisclosed Right of First Refusal: An individual, having contracted to purchase property, refused to proceed with the sale after learning that a prior agreement granting a right of first refusal to a third party had not been properly cancelled, leading the seller to sue for forced execution and damages; the court held that the vendor's obligation to warrant the property against eviction, which includes ensuring the buyer's peaceful enjoyment against prior rights such as an undisclosed right of first refusal, was breached, thereby justifying the purchaser's refusal to complete the sale and warranting the dismissal of the seller's claims for forced execution.