When the promissory buyer does not comply with the purchase and sale promise contract (CPCV) and does not proceed with the purchase and sale deed, there are various consequences and actions that the promissory seller may take. Here are the main steps and legal implications, according to the articles of the Portuguese Civil Code:
Consequences of Non-Compliance
-
Loss of Down Payment:
If the promissory buyer does not comply with the contract without just cause, the promissory seller has the right to keep the down payment delivered. This is one of the most immediate consequences and is provided for in article 442 of the Civil Code.
-
Compensation for Damages:
In addition to the loss of the down payment, the promissory seller may demand compensation for any additional damages suffered due to non-compliance, such as property maintenance expenses or costs associated with finding a new buyer.
-
Specific Performance:
The promissory seller may resort to the court to demand specific performance of the contract, i.e., force the promissory buyer to comply with the property purchase, especially if the property is unique or of particular interest to the seller.
-
Contract Resolution:
In cases of serious non-compliance, the promissory seller may choose to resolve the contract, which means ending the obligations of both parties. This resolution may be accompanied by a request for compensation for damages suffered.
Procedures to Follow
-
Initial Negotiation:
It is recommended to try to resolve the situation amicably, discussing with the promissory buyer to understand the reasons for non-compliance and verify if there is a viable solution, such as an extension of the deadline for the deed. Specifically through sending a registered letter with acknowledgment of receipt to set a second date.
-
Legal Action:
If negotiation is not successful, the promissory seller may initiate a legal action to demand specific performance or contract resolution, as mentioned above.
-
Legal Consultation:
Given the legal complexity and potential financial consequences, it is advisable to seek legal assistance to ensure that all rights of the promissory seller are protected and that the process is conducted appropriately.
These measures help protect the interests of the promissory seller and ensure that contractual obligations are respected or that due compensation is obtained in case of non-compliance.