JURITEXT000006962948 Généré par l'IA

Tenant's Right of First Refusal Versus Subsequent Sale to Third Party

Numéro de cause JURITEXT000006962948

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1963-05-02

Issue du litige Partiellement admis (Partially Allowed)

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Synthèse Legislator

Généré par l'IA

A property owner, having entered into a preliminary contract for the sale of a building with a right of first refusal granted to a tenant, subsequently sold the property to a third party without notifying the tenant who then sought to exercise their right; the court found that the tenant's right of first refusal, established by the preliminary contract, created a direct obligation on the seller to offer the property to the tenant before selling to anyone else, and since the seller failed to provide this notice, the sale to the third party could be challenged for violation of the contractual right.

Regeste Legislator

Généré par l'IA

Tenant's Right of First Refusal Versus Subsequent Sale to Third Party: A property owner, having entered into a preliminary contract for the sale of a building with a right of first refusal granted to a tenant, subsequently sold the property to a third party without notifying the tenant who then sought to exercise their right; the court found that the tenant's right of first refusal, established by the preliminary contract, created a direct obligation on the seller to offer the property to the tenant before selling to anyone else, and since the seller failed to provide this notice, the sale to the third party could be challenged for violation of the contractual right.