Real estate: he cancels his purchase too late and owes 40,000 euros to the agency

A sales mandate provided for a commission of 40,000 euros for the real estate agency, payable by the seller. It was ultimately the buyer who was indebted for this sum, because of his faulty behavior.

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You have signed a Compromise of sale But this first Real estate purchase scare you? Do not panic: from the signing of this promise to sell, you have 10 days for you retract. However, afterwards, it will be too late! Unless one of Suspensive conditions From your purchase is realized, such as the refusal of several banks to grant you a credit, you will be required to acquire the property. Otherwise, it will cost you dearly. Mr. XO learned it at his expense. As part of the compromise concluded with a seller, this buyer was committed to signing theAuthentic act of purchase At the notary on March 15, 2021 at the latest, reports on his blog the neu-janicki law firm, citing a decision rendered on January 10, 2025 by the Lille judicial court.

The sale was made through a real estate agency and the mandate entrusted by the seller provided that the latter pays him a Commission of 40,000 euros. Elements that were black on white in the promise to sell. But, as the deadline of March 15, 2021 approaches to sign the act of authentic purchase, the buyer reversed. Despite several reminders on the part of the notary and a Regularization summonssent on March 12, 2021, Mr. XO camped on his refusal to finalize the transaction.

The agency’s commission finally borne by the buyer

A refusal that he could not justify by the failure of his request for a mortgage since he had “Expressly declared Do not use bank funding»»write lawyers. No loan suspensive condition had therefore been provided in the sales compromise. The court thus judged that Mr. XO’s refusal to finalize the purchase “Had no valid justification”. History does not say if the seller asked for the forced execution of the sale or if he has resumed his freedom to sell to another buyer, for damages representing 10% of the sale priceat the expense of Mr. XO the Lille Judicial Court had indeed been seized on the fate of the real estate agent. What became his commission of 40,000 euros, the buyer having given up going at the end of the purchasing process?

The court judged Mr. XO guilty of a “Falutive deficiency, (which) caused direct damage to the real estate agency, which found itself deprived of its remuneration”. Consequently, and while the commission was initially due by the seller, The court sentenced the purchaser to the payment of 40,000 euros to the real estate agencyin compensation for the damage suffered. Indeed, “According to the combination of articles 1199 and 1240 of the Civil Code, a buyer who, by his faulty behavior, makes his committee lose a real estate agent can be held responsible on the basis of tort liability. This rule stems from constant jurisprudence (Cass., Ass. Plen., May 9, 2008, n ° 07-12.449). The Court of Cassation recalled that, even if the buyer is not directly debtor of the Commission, he may be ordered to repair the damage suffered by the real estate agent as soon as his faulty behavior has prevented the final conclusion of the sale”underlines the law firm Neu-Janicki.