French courts have recently clarified the legal responsibilities and rights of commercial tenants who wish to exercise their right of preference when a property they rent is put up for sale. A key ruling from October 1, 2026, stated that a tenant with a commercial lease who exercises their right of preference is not required to pay real estate agent negotiation fees. If they have already paid such fees, they can claim a refund, even if they were aware they were not obligated to pay them. This right of preference is established under the Pinel law of June 18, 2014, specifically Article L.145-46-1 of the Commercial Code. This law requires property owners of commercial or artisanal premises to inform their tenants of their intention to sell, including the price and conditions of the sale, before offering the property to third parties. This right is modeled after the residential tenant's right of preemption and applies only when the premises are sold, regardless of any notice to vacate. In residential cases, court rulings since 1988 have consistently held that real estate agents cannot charge fees when tenants exercise their right to buy the home they occupy, as outlined in Article 15 of the 1989 law. This is because the exercise of this right does not involve the agent acting as an intermediary in the sense defined by the Hoguet law, which allows real estate intermediaries to seek compensation. The Court of Appeal of Douai affirmed this, even refusing compensation if the agent's involvement was crucial to completing the sale. However, the Paris Court of Appeal ruled in January 2025 that although the provisions of Article L145-46-1 are of public order, the obligation to notify an offer of sale that does not include negotiation fees is not part of these provisions. The court stated that the parties may deviate from this rule if there is a clear agreement without confusion. In this case, the tenant had agreed to the proposed price without requesting the deduction of 78,660 euros in negotiation fees. The Court of Cassation later rejected this Parisian analysis in its October 1, 2026, ruling, reaffirming that tenants who accept a sale offer under Article L145-46-1 are not required to pay real estate agent fees. The High Court added that tenants can claim refunds for these fees, regardless of whether they were aware of the nature of the payment. Additionally, the court noted that the mere mention of real estate fees in the sale notification, provided it does not confuse the tenant, does not invalidate the offer. The court treats the compensation of real estate agents the same whether they assist residential or commercial tenants. A sale resulting from a legal right of preemption is completed solely by the tenant's acceptance of the offer. The involvement of a real estate agent mandated by the landlord cannot impose an additional financial burden on the tenant. Even if the tenant signed the purchase deed knowing the price included agency fees, they can still claim the payment as undue. The right of preference applies to commercial or artisanal premises based on their use, excluding offices and industrial warehouses.