Object of the decision
The GOLDWIN SOCIETE D’AVOCATS firm, represented by Maître Jonathan BELLAICHE, lawyer in Paris, defended a real estate agency.
In this case, a limited liability company (SARL) owning a network of real estate agencies was mandated to rent commercial premises to another SARL. This agent had also made a presentation of the commercial premises for a fee of 10% excluding VAT of the three-year rent. In addition, it was agreed between the two parties that the company undertook to pay the real estate agency as soon as it took possession of the commercial premises.
However, the tenant of the commercial premises had not paid the fees to the real estate agency. The real estate agency therefore sent her a fee invoice, which she refused to pay despite formal notice. As a result, the tenant of the commercial premises breached her contractual obligation by refusing to pay the fees to the real estate agency.
In law, “payment is analyzed as the execution of an obligation, or as the operation aimed at satisfying the creditor” in application of the provisions of article 1342 of the Civil Code .
Under Article 1353 of the Civil Code , “whoever claims the performance of an obligation must prove it.”
Indeed, according to article 1344-1 of the Civil Code , “the formal notice to pay an obligation of a sum of money incurs late payment interest, at the legal rate, without the creditor being required to prove any loss.”
Pursuant to Articles 1103 , 1217 , 1221 , 1343-2 of the Civil Code, the Paris Commercial Court ruled that it is up to the debtor to pay the amount of fees for the benefit of the creditor.
Thus, by a judgment dated February 26, 2024, the Paris Commercial Court ordered the company, tenant of commercial premises, to pay the company owning a network of real estate agencies:
- The sum of 22,842 euros including tax as fees representing 10% excluding tax of the three-year rent, increased by interest at the legal rate from the date of the formal notice.
- The sum of 3,000 euros in application of the provisions of article 700 of the Code of Procedure .
GOLDWIN SOCIETE D’AVOCATS specializes in contract law. It is particularly adept at handling contractual disputes and litigation. Our real estate lawyers offer strategic support for your rental or property management project. Our real estate lawyers also defend your interests in the event of a dispute before the courts.
