Under Article L. 312-16 of the Consumer Code, if for the acquisition financing real estate, the beneficiary of a unilateral promise to sell a used one or several loans, this act is then concluded under the suspensive condition of obtaining loans or solicited.
In contrast, when mentioned in the promise that the recipient does not use a loan, he must wear his hand in the act the statement that he acknowledges having been informed that if he still uses a loan he can not avail himself of the condition precedent referred to above (Article L. 312-17 paragraph 1 of the Consumer Code).
jurisprudence, however, admitted that this statement could be included in a separate document, provided that the sale agreement expressly refers to it and explicitly (Cass. civ. III, 16 February 1994).
In the absence of this statement or if it is not the hand of the recipient of the promise and if a loan is requested by the latter, the promise will be considered concluded under the suspensive condition referred to above (Article L . 312-17 paragraph 2 of the Consumer Code).
DISCLAIMER THE BENEFIT OF THE PROVISIONS OF ARTICLE L.
312-16 OF THE CODE OF CONSUMER
I, (name, occupation, address) said that to finance the total cost of acquiring the following property ..., which Mr. .. (Name, occupation, address) currently owns, I will use any loan.
I acknowledge having been informed that if, contrary to the statements above, I still use a loan, I can avail myself of the condition precedent of obtaining a loan provided for in Article L. 312-16 of the Consumer Code.
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