01/03/2022 | Commercial leases
Commentaire de Cass. 3ème civ., 23 septembre 2021, AJDI, mars 2022
Since the notification of the offer to sell under Article L. 145-46-1 of the Commercial Code was sent to the tenant before the sale, there is nothing to prevent the owner from having, prior to the notification of the offer, instructed an agent to sell and signed a unilateral promise to sell subject to a condition precedent relating to the landlord’s right of first refusal. Nor is the fact that the offer to sell included a real estate agent’s negotiation fees, which the tenant knew it would not have to bear, a ground for annulling the offer to sell.