As part of a real estate sale, the buyer did not pay the security deposit. Making the promise to sell decadious. And depriving the real estate agent of his remuneration.
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– The Court of Appeal estimated 80% the loss of chance of the real estate agent to receive his remuneration.
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The most serious real estate purchase does not tolerate any approximation. A buyer has just had bitter experience, according to a decision by the Grenoble Court of Appeal rendered on May 27 and spotted by the law firm Neu Janicki. The buyer had set his sights on an exceptional property, made up of a 20 -room master’s houseadjoined by two villas of 120 square meters each, with a building permit for two additional villas of the same area. All for a price of 2,700,000 eurosfunded on his personal funds, without recourse to a bank loan.
A sales compromise had been signed, which provided that the real estate agent mandated by the seller would receive a Remuneration of 100,000 eurosat the expense of the buyer. The promise to sell also stipulated that the buyer had to pay a Guarantee deposit of 270,000 euroswithin 10 days from the date of signature of the compromise. Otherwise, the latter would be considered to be laid out. This deposit is a sum of money paid by the buyer as a guarantee of the seriousness of his commitment in the sales process.
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An unpaid guarantee deposit, without explanation
However, the buyer did not pay this sum, thus making the compromise obsolete. No sale, no commission for the real estate agent! By registered mailhe put the buyer in notice to pay him the remuneration of 100,000 euros which had been agreed. A first court has dismissed the real estate agent From his request, ordering the buyer to pay him only 3,000 euros as compensation for the material damage suffered. Refusing to stop there, the agent appealed this decision, invoking the faulty nature of the non -payment of the security deposit, the buyer who did not “Not asserting a legitimate reason” To explain it.
An argument chosen by the Grenoble Court of Appeal, which adds “That no element is only the property has been approached by other potential buyers”. She therefore judges that the real estate agent has indeed “Lost a real and serious chance of seeing this sale finalized”due to the absence of payment of the security deposit by the purchaser. A “”loss of luck ” that it evaluates 80%.
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An invoice of 93,000 euros
The Court therefore ordered the buyer to pay the real estate agent 80,000 euros, or 80% of the 100,000 euros initially planned, for this loss of luck. But also 11,000 euros, under the material damage suffered by the real estate agent, namely the time spent for nothing to estimate this exceptional property, seek buyers, organize visits and negotiate the sale price. To these two sums are added 2,000 euros in the procedural compensation to be paid to the real estate agent. Or a total invoice of 93,000 euros. The price of casualness?
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