Real Estate Purchase Conditional on Financing Breach

A party entered into an agreement to purchase property, making a deposit, but subsequently refused to complete the sale, arguing that the initial agreement was conditional upon obtaining a loan which was not secured, leading to a dispute over the return of the deposit and damages. The Court of Cassation quashed the lower court's decision, ruling that where a contract for the sale of real estate is stipulated to be conditional upon obtaining financing, and the obtaining of that financing is not a condition precedent that the purchaser is obliged to fulfill, the refusal to execute the sale when financing fails constitutes a breach, justifying the forfeiture of the deposit and potentially further damages if the condition was clearly for the benefit of the purchaser and not met due to their inaction or failure to meet stipulated obligations.