This page has been automatically translated. Please refer to the page in French if needed.
Real Estate Sale
The tenant's right to acquire the property in priority to any other person must be respected
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
In order to sell his property to a third party at a price lower than the one recorded in the holiday as an offer to sell, the owner must respect the right of his tenant to acquire the property as a priority to any other person by notifying him of a new offer to sell. This is the solution set out by the Court of Cassation in its judgment of 11 May 2022.
A landlord issues a leave equal to an offer to sell to his tenant. The tenant does not accept the sale offer offered in the holiday but offers a lower purchase price without applying for a loan. The accommodation is sold to a third party at the same price as the offer of purchase made by the tenant. The latter contests the validity of the sale. He felt that the owner should send him a second offer of sale at the lower price.
When seised, the Court of Appeal rejects the tenant's application for a declaration of invalidity of the sale. It considers that the tenant cannot avail himself of a second right of pre-emption. The sale was made at the same price as his offer to purchase and no loan offer was requested.
The tenant then appeals to the court of cassation.
The Court of Cassation quashes and quashes the judgment of the Court of Appeal. It considers that the tenant's subsidiary right of pre-emption was not respected. The tenant received only one offer to sell at a price well above the amount of the sale made with the third party buyer. The lessor must, in fact, notify his tenant of a new offer containing the new sale price, and this, on pain of nullity of the sale.
Additional topics
Service-Public.fr
Service-Public.fr
Service-Public.fr
Service-Public.fr
Agenda
Déplacements
À partir du 1 mai 2024
Publié le 26 avril 2024
Impôts
À partir du 11 avr. 2024
Publié le 11 avril 2024
Prévention Covid-19
À partir du 15 avr. 2024
Publié le 18 mars 2024
Calendrier scolaire
Du 6 avr. au 12 mai 2024
Publié le 15 mars 2024