Real estate: is the purchase offer accepted by a single joint owner valid?

By fashionlifeshopping 22/01/2023 1242 Views

The case: Mr. T.wish to buy the house of his neighbor, just died.One of the two sons of the deceased tells him that he will take care of the transaction alone.Should he trust him?

The lawyer's response: no, because this seller, joint ownership of the family home, cannot contract without the agreement of other heirs, his brother in this case.So that the power of which he prevails will have no value in the event of opposition to the sale on the part of the latter.This is how the Court of Cassation gave wrong to the buyer of land, who considered as valid his offer of purchase, initially accepted by the seller, before the latter, coïndivisaire, not notify hisRefusal to sell (1st civil chamber, judgment n ° 18-20.414 of March 11, 2020).

To this buyer who believed that the owner of the plot, who had never mentioned any opposition from his mother, represented her and had an apparent mandate, the judges replied that the latter, "even if he had signedThe offer under the generic mention "the seller" "was in no way faulty, because" the identity of the two owners of the plot was specified in the body of the act ".They also indicated that the age of his mother, 102, did not allow him to consider that he had the right to sign on his behalf.For his part, Mr..will therefore have to collect the assent of the two heirs of the house.

Immobilier : l’offre d’achat acceptée par un seul indivisaire est-elle valable ?