Next to my blonde..., but not so close. | ScriptaLegal
Personal Business Packages & Subscriptions
Français About us Create a free account Log in
Interactive legal guides Legal frequently asked questions Legal blog Videos
ONLINE LEGAL DOCUMENTS
Legal blog > Real estate > With my girlfriend..., but not so close

With my girlfriend..., but not so close

The agreements in the pre-contract that are not reproduced in a sales contract are valid if the contract includes a clause confirming their survival.

Usually, when selling a property, the published deed represents the legal relationships between the parties. What happens when the sales agreement includes a clause confirming the survival of agreements from the pre-contract that are not reproduced in this deed?

A couple sets up an apartment in the basement of their residence for their daughter to live in with her partner. Twenty years go by, and the daughter and her partner buy the residence at a reduced price. Prior to signing the contract, the parties enter into an agreement stating that the father and mother will have the right to live in their apartment free of charge for their entire lives. However, if the father or mother dies, the surviving partner cannot live there with their girlfriend or boyfriend. Seven years pass, and the mother dies. Two months after her death, the father brings his new flame to spend the night at the residence, despite the opposition of his daughter and son-in-law.

The father goes to court* and requests that the agreement contained in the pre-contract be recognized as a right of use in his favor. In the meantime, the father marries his new flame and argues that she is no longer subject to the "girlfriend" clause as a result.

The judge rules that under the pre-contract, the father retains his right of use and enjoyment of the property and its accessories free of charge for his entire life. However, in this case, the parties have contractually restricted the scope of this right by conferring the right on two specific people, to the exclusion of any other person.

Therefore, the court concludes the validity of the pre-contract and considers that the phrase "to stay with his girlfriend or boyfriend" includes "respectively wife and husband, lover, partner". Thus, the father can continue to live in his home, but he must be a boyfriend, husband, lover, partner... elsewhere.

*C.S. 705-17-003107-099

François Forget, notary and legal advisor as well as the entire Notaire-Direct team, are at your service to ensure the preparation of your legal documents and answer all your legal questions.
The tenant, the landlord, and the creditor
Me François Forget - March 27, 2006
If a landlord agrees with the creditor to not modify the lease without the written consent of the creditor, the...
A contract is like a sauce, you have to balance the ingredients!
Me François Forget - March 31, 2004
When there is doubt, a contract is interpreted in favor of the party who assumed the obligation.
Fence dispute between neighbors
Me François Forget - April 17, 2013
If ever you fence your property, remember the Czech proverb: "If you want to know the truth about yourself, offend...
This browser does not support this kind of file. Please download the file to view it: Download the file
An error has occurred.