Where a sale is agreed at a price

This decision provides important insight into your family and property rights. Here is what it changes for you.

The situation

Where a sale agreed at a price payable in part to a financial institution and for the remainder by three bills of exchange accepted by the buyer has been declared null and void in the absence of a cash payment, and where that nullity originates in the fault committed by the seller alone, who organised a transaction in breach of the regulations governing credit sales, the latter may be ordered to pay compensation to the financial institution which was thereby prevented from collecting interest on the capital lent, by way of damages and not under the loan agreement.

What the law says

This decision confirms the fundamental principles of French property law.

Key points to remember

• Strictly observe the statutory time limits for bringing legal proceedings
• Keep all your supporting documents (title deeds, legal instruments, correspondence)
• Plan ahead: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €70 with Maître Perucca.