Specific Performance Following Ineffective Unilateral Withdrawal from Land Sale Agreement
Synthèse Legislator
Généré par l'IAA purchaser of land, who had agreed to buy a specific piece of property but was subsequently denied the right to complete the sale due to the seller's unilateral withdrawal after receiving a formal notice to finalize the deed, sued for specific performance and damages. The Court of Cassation ruled that when a formal notice to execute a promise of sale is served and the time limit provided in that notice passes without the seller complying, the unilateral withdrawal by the seller is ineffective, and the promise of sale is automatically converted into a final deed, obligating the court to order specific performance of the contract.
Regeste Legislator
Généré par l'IASpecific Performance Following Ineffective Unilateral Withdrawal from Land Sale Agreement: The Court of Cassation ruled that when a formal notice to execute a promise of sale is served and the time limit provided in that notice passes without the seller complying, the unilateral withdrawal by the seller is ineffective, and the promise of sale is automatically converted into a final deed, obligating the court to order specific performance of the contract.