Lapse of a promise to sell: exercising the option and occupation of the property

In a judgment of 5 September 2024, the French Supreme Court (Cour de cassation) dismissed the appeal and held that exercising the option was not conditional on the property being vacated, as the promise only stipulated that the property be vacant when the buyer took possession, on the date the authentic deed was signed.

Occupation of the property was therefore not a ground for extending the deadline. As the option had not been exercised before 4 pm on 18 July 2017, the promise had lapsed.