When the promissory seller does not comply with the purchase and sale promise contract (CPCV) and does not proceed with the purchase and sale deed, the promissory buyer has various legal options to protect their interests. Here are the main steps and legal implications, according to the Portuguese Civil Code:
Consequences of Non-Compliance by the Promissory Seller
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Return of Double Down Payment:
According to article 442 of the Civil Code, if the promissory seller does not comply with the contract, they are obliged to return to the promissory buyer the received down payment in double. This is a form of compensation for contract non-compliance.
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Compensation for Damages:
In addition to returning the down payment, the promissory buyer may demand compensation for any additional damages suffered due to non-compliance, such as bank expenses or costs associated with searching for a new property.
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Specific Performance:
The promissory buyer may resort to the court to demand specific performance of the contract, i.e., force the promissory seller to complete the sale as agreed. This measure is particularly relevant when the property is unique or of particular interest to the buyer.
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Contract Resolution:
If the non-compliance is considered serious, the promissory buyer may opt for resolution of the promise contract, ending the obligations of both parties. This decision may be accompanied by a request for compensation for damages suffered.
Procedures to Follow
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Initial Negotiation:
Before resorting to legal measures, it is advisable to try to resolve the situation amicably, discussing with the promissory seller to understand the reasons for non-compliance and verify if there is a viable solution.
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Legal Action:
If negotiation is not successful, the promissory buyer may initiate a legal action to demand specific performance or contract resolution, as mentioned above.
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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 buyer are protected and that the process is conducted appropriately.
These measures help protect the interests of the promissory buyer and ensure that contractual obligations are respected or that due compensation is obtained in case of non-compliance.