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If you find yourself in a situation where you do not know how to act so that the advance given at the conclusion of the bilateral sale-purchase promise is returned to you, or you wish to obtain interest damages caused by non-compliance with the assumed obligations, you must consider the significance of the promise thus concluded , the existence of enforceability as well as the order of remedies that you can apply. The Pavel, Mărgărit și Asociații law firm recommends using the services of a lawyer specialized in commercial law, real estate law and commercial litigation because often the application of remedies is influenced by the provisions contained in the promise to sell-purchase the property, which is why an analysis is needed careful consideration of the clauses contained.
The enforceability of the promise to sell-purchase a property. Obligation to sign in authentic form. Applicable remedies.
The sale-purchase promise represents the agreement agreed by the parties by which they undertake to conclude a contract in the future, the essential elements of which are predetermined by this pre-contract. The conclusion of a pre-contract for the sale of a real estate is not mandatory, the parties can directly conclude a sales-purchase contract, but it can represent a guarantee for any of the contracting parties regarding the fulfillment of the assumed obligations.
The law does not impose a specific form for the conclusion of the sale-purchase promise, the parties being free to choose whether they want to conclude a document under a private signature or an authentic document. The Pavel, Mărgărit și Asociații law firm recommends that, whatever the method chosen for the conclusion of the promise of sale and purchase, the drafting, or at least the review of the contractual clauses included, should be carried out by a lawyer specialized in commercial law, real estate law and commercial litigation . for the protection and security of the future exploitation of the rights of the parties.
It should be noted that authentic documents represent an enforceable title only to the extent that a certain, liquid and enforceable claim is established, so the authentication of the sale-purchase promise does not attract the automatic possibility of triggering forced execution. The fault in the non-execution of the bilateral promise of sale and purchase cannot be ascertained by the bailiff, but the remedy in this situation is the judicial resolution.
Calling on the services of a lawyer specialized in commercial law, real estate law and commercial litigation is significant, as there are many situations in practice where the parties to the pre-contract were illegally enforced, a specialist in this field being able to guide the client to remedies and procedural ways applicable, such as the enforcement appeal.
Another remedy to which the interested party can appeal is the pronouncement of a decision to uphold the contract, within 6 months from the date on which it should have been concluded. The remedy is applicable in the situation where any of the parties unjustifiably refuses to conclude the contract, however, the fulfillment of other validity conditions must also be taken into account.
Thus, the Pavel, Mărgărit și Asociații law firm recommends contacting a lawyer specialized in commercial law, real estate law and commercial litigation to guide you on the remedies that can be chosen for enforcement either in kind or in equivalent, of the bilateral promise of sale and purchase.