Case: The price is for the holiday sale that the spouses. just received from their owner seems high to them. Can they challenge the procedure?
Legal Response: Yes, because the Landlord’s Sale Authorization is an offer to buy from the tenants on the spot and therefore, under pain of invalidity, must include honest and sincere information about prices and terms of sale. Otherwise, the owner could only be suspected of notification fraud with the intent to evict tenants before releasing his more expensive property…
This is how the Court of Cassation ruled in favor of a tenant who did not leave the house he was renting when he did not accept the sale offer featured in his notice, at a price of 225,000 euros, which he said was off the market. (3rd Civil Chamber, Decree No. 21-12.179 of February 9, 2022). In the opinion of the judges, the eviction of this tenant could not be undertaken because it would have been necessary rather to seek “if the difference between the offered price and the price on the market did not reveal the fraudulent nature of the holiday.” Thus, if nothing prevents the said purchase amount from being high, for example, if the owner intends to sell by sawing or has found an interested buyer, the landlord must prove it. Spouses T. Thus, they can demand the same demonstration from their landlord.
Barthélemy Lemial, Court Attorney, Partner at Valmy Avocats.
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