The tenant's right to acquire the property in priority to any other person must be respected

A landlord issues a leave equal to an offer to sell to his tenant. The tenant does not accept the sale offer offered in the holiday but offers a lower purchase price without applying for a loan. The accommodation is sold to a third party at the same price as the offer of purchase made by the tenant. The latter contests the validity of the sale. He felt that the owner should send him a second offer of sale at the lower price.

When seised, the Court of Appeal rejects the tenant's application for a declaration of invalidity of the sale. It considers that the tenant cannot avail himself of a second right of pre-emption. The sale was made at the same price as his offer to purchase and no loan offer was requested.

The tenant then appeals to the court of cassation.

The Court of Cassation quashes and quashes the judgment of the Court of Appeal. It considers that the tenant's subsidiary right of pre-emption was not respected. The tenant received only one offer to sell at a price well above the amount of the sale made with the third party buyer. The lessor must, in fact, notify his tenant of a new offer containing the new sale price, and this, on pain of nullity of the sale.