Real estate: buying a life annuity from a very sick person is possible under certain conditions

Not because a person is very sick, the sale of his lifetime property will be zero. It does not matter that the buyer knows about it and that the seller dies in a few weeks, even the court of cassation.

She said that as long as the seller is not knowingly convicted of illness, that the buyer is not medically qualified, and that he does not know that life expectancy is irreparably compromised, the sale has no basis for cancellation. . She therefore rejected the arguments of the heirs of a very ill elderly woman who died three months after selling her house as a life annuity to a relative.

Within twenty days after signing

According to them, this relative was aware of a health condition that required permanent medical certificates, and therefore, having paid a bouquet of approximately 1/5 of the value of the property, while at a price that would have required thirteen years of pension paid to match the full value, this the buyer was sure that he received a lot. He knew, they said, without risk, that he would not pay the true value of the house.

But the old lady died from a fall, not from an illness, which, moreover, did not condemn her in the near future with certainty. Moreover, since her buyer is not a doctor, it cannot be concluded that the sale would be invalid due to the lack of danger, the judges concluded.

For the sale of a life annuity to be void without possible discussion due to the seller’s illness, it is necessary, according to the Civil Code, that the seller die of that disease within twenty days of signing.