By Charlotte GAUCHON
25 June 2025
Buying a property is a decisive step, financed in the vast majority of cases by a loan. To protect the non-professional buyer, the legislator has introduced an essential security mechanism: the condition precedent that the loan must be obtained. This provision links the validity of the sale to the granting of finance by a bank. Although it represents fundamental protection, its application is the source of a great deal of litigation, in which the buyer's good faith is systematically examined. Understanding the contours of this condition is therefore crucial to securing your project. The legal framework and the protection afforded to borrowers on home loans are complex, and include a number of specific situations that require precise analysis. A lawyer who is an expert in mortgage law can prove indispensable in navigating these subtleties. The principle of the condition precedent for obtaining a loan The condition precedent for obtaining a loan is a measure...
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