If the promissory buyer does not attend the scheduled purchase and sale deed, the promissory seller has various options to deal with the non-compliance of the purchase and sale promise contract (CPCV). Here are the recommended steps:
Steps to Follow
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Verification of Reasons:
Try to contact the promissory buyer to understand the reasons for the absence. It may be a misunderstanding or an issue that can be resolved amicably.
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Formal Notification:
Send a formal notification to the promissory buyer, preferably by registered letter with acknowledgment of receipt, requesting the scheduling of a new date for the deed and reiterating your intention to comply with the contract. This notification serves as proof that you tried to resolve the situation amicably.
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Specific Performance:
If the buyer continues not to comply, the seller may resort to the court to demand specific performance of the contract, i.e., legally force the buyer to attend and complete the purchase. This action is based on article 830 of the Civil Code.
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Contract Resolution and Retention of Down Payment:
As an alternative, the seller may choose to resolve the contract and retain the down payment delivered by the buyer, as provided for in article 442 of the Civil Code. In addition, they may request compensation for additional damages caused by non-compliance.
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Legal Consultation:
Given the complexity and possible legal consequences, it is advisable to seek assistance from a lawyer specialized in real estate law to ensure that your rights are protected and that the process is conducted appropriately.
These steps help ensure that the promissory seller has a clear path to resolve the situation, either through an amicable solution or legal measures, ensuring that their contractual rights are respected.