The Court of Cassation has changed its mind: Anyone who signs a promise to sell real estate is definitively committed unless a clause in this promise has given him the possibility of disengaging.
The Court therefore refused a seller the right to go back on his promise, even though the buyer had not yet declared that he had acquired, had not yet "exercised the option" according to the legal term.
Until now, the Court of Cassation ruled that in the event of a promise of sale, the seller could retract, even if it meant paying sometimes substantial damages to the prospective buyer.
As long as the buyer has not declared acquiring and wants to sign the deed of sale, the agreement is not completely concluded, pleaded a seller who relied on this case law and therefore considered himself free to renounce. But now, the Court of Cassation judges otherwise.
The commitment is final and the forced sale can be ordered, she says, this seller having given his unrestricted consent and no clause of this "pre-contract" of sale giving him in this case the possibility of retracting.
Unlike the promise of sale, which leaves freedom to the purchaser, the sales agreement also commits the buyer who can only waive in the cases provided for by this contract.
(Cass. Civ 3, March 23.6.2021, 20, U 17.554-XNUMX).
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