If the promissory seller does not attend the scheduled purchase and sale deed, the promissory buyer has various options to protect their interests and seek a solution for 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:
Initially, try to contact the promissory seller 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 seller, 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 seller continues not to comply, you may resort to the court to demand specific performance of the contract, i.e., legally force the seller to attend and complete the sale. This action is based on article 830 of the Civil Code, which allows the buyer to judicially demand the fulfillment of the obligation to execute the definitive contract.
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Contract Resolution and Compensation:
As an alternative, the buyer may choose to resolve the contract and demand the return of the down payment in double, 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 buyer has a clear path to resolve the situation, either through an amicable solution or legal measures, ensuring that their contractual rights are respected.