To acquire our future property, my friend and I must take out a mortgage. The deadline for the fulfillment of the suspensive condition is approaching and for the time being, we have only obtained an agreement in principle from our banker(...)

... Can we consider that our loan has been granted ? 

 

No. As the legislator did not define the concept of obtaining a loan, the Court of Appeal specified that it corresponds to "the presentation by a credit agency of a firm and unreserved regular offer corresponds to the characteristics of the financing of the operation mentioned by the borrower in the act (Court of appeal 1st civil chamber of 9-12-1992 n° 91-12.498; Court of appeal 3rd civil chamber of 7-11-2007 n° 06-17.413).

However, a simple agreement theoretically that does not include a firm and unreserved offer cannot be equated with obtaining loan.