SPECIFIC REGIME OF THE PURCHASES IN VIEW OF THE RESALE -
RESALE FAILING: CASE OF ABSOLUTE NECESSITY (VAT - XIII - 6382-H)
The judge cannot make the decision that the estate agent had been prevented from reselling by circumstances characterising a case of absolute necessity, when the result of these observations is not that the difficulties met had an insurmountable nature during the whole duration of the time limit granted in order to respect the commitment.
Thus the absolute necessity case is not constituted when the estate agent signed an agreement to sell with a time limit for the realisation expiring before the end of the resale time limit , as the realisation did not occur during the option period owing to the fact that the possible purchaser did not obtain the Ministry agreement necessary to the equipment of a nursing home in the premises (Cass. com. February 13, 1996, no.268 D, Ste Marly-Stocks, RJF 5/96, no.670).
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