The Court of Cassation has just rendered an important decision about the commissions of real estate agents when the tenant of a commercial lease asserts his right of pre-emption.<\/p>\n
Indeed, in a decision of June 28, 2018 (No. 17-14605), the third Civil Chamber has laid a stone more in the protection of the tenant against practices of some real estate agents.<\/p>\n
As a reminder, Article L.145-46-1 of the French Commercial Code provides that the lessee who holds a commercial lease has a pre-emption right when the owner sells the property.<\/p>\n
For many years, the Court of Cassation seemed to assert that the owners could not bear the agency commission in addition to the selling price to the lessee.<\/p>\n
According to a particular wording, the Court of Cassation stated that the tenant holding the right of first refusal accepting the offer of sale of the property can not be charged a commission increasing the price of the property (in particular Court of Cassation 3rd Civil Chamber 03\/07 \/ 2013).<\/p>\n
These decisions were logical because no work was actually performed by the real estate agent and therefore he was not entitled to remuneration …<\/p>\n
Today the Court of Cassation reaffirms the principle and leaves no doubt: the lessee does not have to pay agency fees:<\/p>\n
First, the Court affirms that the provisions of Article L.145-46-1 are of public order.<\/p>\n
Then it states that the lessor who plans to sell his business premises must first notify the lessee of an offer to sell that can not include trading fees.<\/p>\n
Finally, the Court goes further because in this case, it also recognized that the tenant who accepts the sale price has actually asserted his right of pre-emption and can obtain enforcement of the sale.<\/p>\n
Whether you own or rent this important decision of consequence should invite you to the utmost precaution when drafting the offer or when accepted by the lessee.<\/p>\n","protected":false},"excerpt":{"rendered":"
The Court of Cassation has just rendered an important decision about the commissions of real estate agents when the tenant of a commercial lease asserts his right of pre-emption. Indeed, in a decision of June 28, 2018 (No. 17-14605), the third Civil Chamber has laid a stone more in the protection of the tenant against […]\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[22],"tags":[],"class_list":["post-833","post","type-post","status-publish","format-standard","hentry","category-non-classe-en"],"_links":{"self":[{"href":"https:\/\/ribeiro-avocat.com\/index.php\/wp-json\/wp\/v2\/posts\/833","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ribeiro-avocat.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ribeiro-avocat.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ribeiro-avocat.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/ribeiro-avocat.com\/index.php\/wp-json\/wp\/v2\/comments?post=833"}],"version-history":[{"count":4,"href":"https:\/\/ribeiro-avocat.com\/index.php\/wp-json\/wp\/v2\/posts\/833\/revisions"}],"predecessor-version":[{"id":872,"href":"https:\/\/ribeiro-avocat.com\/index.php\/wp-json\/wp\/v2\/posts\/833\/revisions\/872"}],"wp:attachment":[{"href":"https:\/\/ribeiro-avocat.com\/index.php\/wp-json\/wp\/v2\/media?parent=833"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ribeiro-avocat.com\/index.php\/wp-json\/wp\/v2\/categories?post=833"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ribeiro-avocat.com\/index.php\/wp-json\/wp\/v2\/tags?post=833"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}