JURITEXT000006962731 Généré par l'IA

Purchaser's Right to Terminate Sale Contingent on Specific Bank Financing Refusal

Numéro de cause JURITEXT000006962731

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1963-04-30

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A plaintiff who had agreed to purchase a building, contingent upon obtaining a loan from a specific bank, subsequently terminated the agreement after the bank issued a firm refusal to grant the loan; the court held that the plaintiff was not obligated to seek alternative financing or appeal the initial refusal, as the condition precedent in the contract specifically named the bank, and the lender's refusal, even if potentially appealable, legally fulfilled the condition that the financing not be obtained, thus justifying the termination of the preliminary sale agreement.

Regeste Legislator

Généré par l'IA

Purchaser's Right to Terminate Sale Contingent on Specific Bank Financing Refusal: A plaintiff who had agreed to purchase a building, contingent upon obtaining a loan from a specific bank, subsequently terminated the agreement after the bank issued a firm refusal to grant the loan; the court held that the plaintiff was not obligated to seek alternative financing or appeal the initial refusal, as the condition precedent in the contract specifically named the bank, and the lender's refusal, even if potentially appealable, legally fulfilled the condition that the financing not be obtained, thus justifying the termination of the preliminary sale agreement.