Seller's Right to Enforce Land Sale Promise Despite Buyer's Unjustified Failure to Secure Loan
France (FR)
Synthèse Legislator
Généré par l'IAA lower court incorrectly annulled a contract for the sale of land based on the buyer's unjustified unilateral repudiation of a formal, notarized promise to sell, even though the promise was conditional upon the buyer obtaining a loan by a specified date which had passed without the condition being met, because the court failed to establish that the seller had acted in bad faith or attempted to prevent the condition's fulfillment, as the seller was entitled to rely on the contractual stipulations and the buyer's failure to meet the deadline without justification warranted enforcement of the promise.
Regeste Legislator
Généré par l'IASeller's Right to Enforce Land Sale Promise Despite Buyer's Unjustified Failure to Secure Loan: A lower court incorrectly annulled a contract for the sale of land based on the buyer's unjustified unilateral repudiation of a formal, notarized promise to sell, even though the promise was conditional upon the buyer obtaining a loan by a specified date which had passed without the condition being met, because the court failed to establish that the seller had acted in bad faith or attempted to prevent the condition's fulfillment, as the seller was entitled to rely on the contractual stipulations and the buyer's failure to meet the deadline without justification warranted enforcement of the promise.