Action for nullity of a sale and purchase agreement
Civil litigation lawyer in Romania. Sales agreement in Romania
A sale contract in Romania is a contract through which the seller transfers or, as the case may be, undertakes to transfer to the buyer the ownership of a good in exchange for a price that the buyer undertakes to pay. A sale and purchase agreement in Romania is governed by the principle of contractual freedom, meaning that the parties are free to conclude any agreements and determine their content within the limits imposed by law, public order, and good morals. There are various reasons why such a legal relationship may terminate, and depending on the breached legal provision or the legal condition that has been violated, these can result in absolute nullity, relative nullity or termination of the sales agreement in Romania, as applicable.
The Romanian Law Firm Pavel, Mărgărit and Associates recommends working with a contracts lawyer in Romania specialized in real estate or a civil litigation lawyer in Romania to provide personalized legal assistance in drafting and reviewing a sale contract in Romania, analyzing a land purchase agreement in Romania to identify cases that lead to relative nullity, absolute nullity, or termination of the contract, and representing clients before the competent court, if necessary.
In Romania, a sale contract in Romania can be declared null and void if it violates certain legal provisions. If there is a dispute regarding the validity of the contract, a litigator in Romania or a lawyer in Romania can assist in determining whether the agreement is affected by absolute or relative nullity. For issues like a breach of contract, breach of contract lawyers in Romania or a dispute lawyer in Romania can help resolve the matter, while a civil lawyers in Romania may handle legal proceedings related to contract validity. In case of a serious issue, a trial lawyer in Romania can represent clients in court to protect their rights and ensure the proper enforcement of the law.
The essential elements that must be considered when concluding a sale and purchase agreement in Romania always include determining the price and the sold asset. Also, the validity of a sales agreement in Romania depends on the mutual consent of the parties involved, as it is considered concluded when both parties express their agreement. An exception to this rule applies to formal contracts, which are concluded only upon the fulfillment of the legal formalities required for their validity, such as a land purchase agreement in Romania, which must be registered in the Land Registry to officially recognize the new owner’s property right.
In this regard, purchasing a property from a real estate developer sometimes involves signing a pre-sale contract or a so-called bilateral promise of sale. A pre-sale contract is actually a bilateral promise of sale between the buyer and the developer, guaranteeing that both parties will conclude the sale and purchase agreement in Romania in the future, a guarantee provided by the advance payment made by the buyer at the time of signing the respective pre-sale contract or at the agreed-upon term. Although the pre-sale contract is an agreement through which the parties commit to concluding a sales agreement in Romania in the future, it must include all the main elements of the contract itself, that will be signed eventually. Thus, if a bilateral promise of sale is concluded with a consent defect or in violation of the law, it will result in absolute nullity or relative nullity, and the promised contract will no longer be concluded.
A civil litigation lawyer in Romania or a litigation lawyer in Romania can provide legal support by drafting a sale contract in Romania in a clear and detailed manner, ensuring its authentication by a notary to meet all legal requirements, and representing clients in court in the event of a dispute that may arise during the contract’s execution.
Don’t go through these challenges alone. Contact us today for expert support tailored to your needs.
Trial lawyer in Romania. Law contract in Romania
Absolute nullity is a civil sanction that intervenes for the violation of a legal provision established to protect a general interest. According to general rules, it can be invoked by any interested person, through an action or exception, and the court is obligated to invoke it ex officio.
The causes for which absolute nullity of a contract can be invoked include the failure to comply with legal provisions regarding the form of the contract, insofar as the law requires a specific form for the contract, the failure to comply with legal provisions regarding the publicity of the agreement, the rules regarding the determined/determinable and legal nature of the object of the contract, or the legal and moral nature of the contract’s cause. Also, among the causes that can lead to this sanction are included the lack of consent (absolute nullity) or eviction in the sale contract in Romania.
The Romanian Law Firm Pavel Mărgărit and Associates recommends entering into a law contract in Romania with a civil lawyer in Romania or breach of contract lawyers in Romania to check if there are grounds for absolute nullity or relative nullity in a sales agreement in Romania, thereby determining the most appropriate legal strategy for protecting the parties’ interests.
Specifically, eviction in a sales agreement in Romania occurs when the buyer loses their right to the purchased property due to a superior right of a third party. If a sale contract in Romania is affected by eviction, it can be declared absolutely null if the seller did not have ownership over the property, the asset was seized or unavailable, or if the property belonged to the state or a public institution and could not be transferred. In these cases, the object of the sale cannot be legally transferred, and eviction in the sale and purchase agreement in Romania becomes a cause for absolute nullity in Romania.
Regarding the lack of consent (absolute nullity), for a sale contract in Romania to be valid, there must be a clear manifestation of intent by both parties and their free consent. A total lack of consent results in absolute nullity of the agreement, and if the consent is merely vitiated, the sanction applied will be relative nullity (annulment of a sale contract in Romania).
In Romania, a law contract in Romania may be deemed null and void if it fails to meet certain legal requirements. A litigator in Romania can help determine whether a land purchase agreement in Romania or any sale contract in Romania is subject to absolute nullity or relative nullity due to issues such as the lack of consent or failure to comply with the legal formality of the agreement. If there is a breach of contract, a breach of contract lawyers in Romania or a dispute lawyer in Romania can represent clients in litigation, seeking remedies such as the annulment of the contract or compensation for damages. Civil lawyers in Romania or a trial lawyer in Romania specializing in real estate transactions ensures that both parties are protected and their rights are respected, offering legal solutions in cases of contract disputes.
A real estate lawyer in Romania can assist with drafting and reviewing the sale contract in Romania, representing you before the notary for contract authentication, as well as representing you before public authorities and institutions to fulfill all legal formalities regarding publicity. Moreover, consulting with real estate lawyers in Romania plays an essential role in the sale contract in Romania, ensuring the legality of the transaction and protecting the rights of the parties involved. They check the documents and identify potential issues, such as the lack of consent (absolute nullity). Furthermore, if one party fails to fulfill its obligations, the lawyer can request the termination of the sale and purchase agreement in Romania, restoring the previous situation and obtaining compensation for the damages suffered. Thus, a real estate lawyer provides legal certainty and prevents costly disputes. The nullity of a sale contract in Romania can occur when legal requirements are not met, such as the lack of consent or failure to follow mandatory formalities. A litigator in Romania can assist in identifying whether a contract is affected by absolute or relative nullity. A contracts lawyer in Romania ensures that all legal conditions are fulfilled to prevent potential disputes. In case of disagreements, a dispute lawyer in Romania can provide legal representation, while civil lawyers in Romania can handle court proceedings to protect the rights of the parties involved.
In this context, the Romanian Law Firm Pavel, Mărgărit and Associates offers high-standard legal services in various practice areas, including those related to the sale contract in Romania, with our team demonstrating a comprehensive understanding of the regulations concerning transactions in the real estate market, offering clear and efficient legal solutions to all clients who have requested the services of real estate lawyers in Romania or contracts lawyer in Romania.
Pavel, Margarit and Associates Law Firm is one of the top law firms in Romania, providing high-quality legal services. The firm’s clients include multinational and domestic companies of great magnitude. In 2025, the law firm’s success stories brought it international recognition from the most prestigious international guides and publications in the field. As a result, Pavel, Margarit and Associates Law Firm ranked 3rd in Romania in the Legal 500’s ranking of business law firms with the most relevant expertise. The law firm is internationally recognized by the IFLR 1000 Financial and Corporate 2025 guide. Additionally, Pavel, Margarit and Associates Law Firm is the only law firm in Romania recommended by the international director of Global Law Experts in London in the Dispute Resolution practice area. All relevant information about Pavel, Margarit and Associates Law Firm can be found on the website www.avocatpavel.com.
Articles from the practice area
Employment relationships within large companies and multinational groups frequently generate complex legal conflicts, especially during periods of reorganization, cost reduction, or restructuring. Under Romanian law, dismissal represents the termination of the individual employment contract at the initiative of the employer, and it may be ordered only in the cases and under the conditions expressly provided […]
Legal assistance in the recovery of real property: From ANRP notifications and actions to reclaim property, to cadastral disputes and the enforcement of preliminary contracts in Romania The real estate market constantly generates disputes concerning the restitution of properties unlawfully taken over, the revendication of plots of land or buildings, the correction of the legal […]
Incorrect retirement decision, Pension too low or Uncredited contribution period: The role of a lawyer in challenging the pension before the court in Romania Law no. 360/2023 on the public pension system regulates the general legal framework applicable to the establishment, calculation, review, recalculation and challenge of pension rights in Romania. It sets out the […]
How a lawyer can help tourists stranded in conflict zones: When can refunds, compensation, and consular assistance be sought? The escalation of an armed conflict in a region where Romanian citizens are present does not remove the application of legal rules, but rather requires a more rigorous distinction between the legal relationships arising between the […]
Causes, risks and impact on the business environment in the context of the financial crisis in Romania The deterioration of payment discipline represents one of the current challenges facing the Romanian business environment, with direct effects on liquidity, contractual stability and the continuity of commercial activities. Recent economic analyses indicate that the final months of […]
Cross-border insolvency and secondary proceedings: The European legal framework and conditions of admissibility in Romania The constant evolution of international trade and the dynamics of financial markets require rigorous cooperation between judicial authorities in order to protect commercial relations, the legal framework being essentially defined by Regulation (EU) No. 848/2015 on insolvency proceedings. This European […]
How the new amendments protect buyers: Obligations and responsibilities of real estate developers The entry into force of Law no. 207/2025, commonly referred to as the “Nordis Law”, represents one of the most significant legislative reforms in the field of real estate law practice in recent years, fundamentally changing the manner in which buyers of […]
How to protect your business in Romania during and after an NAFA tax audit: Legal Assistance, Appeals, and Suspension of enforcement NAFA audits represent a frequent reality in the Romanian business environment, and the administrative fiscal acts issued following these controls—such as a tax assessment or any other tax decision—may have a significant impact on […]
Contesting enforcement and enforcement orders in Romania: Steps to protect your rights In Romania, enforcement and enforcement proceedings play a crucial role in ensuring compliance with court decisions and financial obligations. When a debt collection process escalates to forced execution, understanding your rights becomes vital. If you receive a demand for payment from a bailiff […]
Civil tort liability in the context of urban explosions and accidents in Romania Tort liability represents the legal institution through which a person is obliged to repair the damage caused by an unlawful act committed with fault, pursuant to Articles 1349–1395 of the Romanian Civil Code. It is one of the fundamental forms of civil […]
Civil lawyer in Romania. Key steps to navigate a court procedure A civil lawyer in Romania plays a crucial role in guiding clients through the complex stages of the debt recovery procedure and the enforcement procedure of a writ of execution. In Romanian civil law, the process of debt recovery often involves multiple legal mechanisms, […]
On the Romanian real estate market, the growing volume of transactions and their increasing legal complexity make the assistance of real estate lawyers from a professional real estate law firm indispensable. Before any acquisition, a meticulous review of the documents recorded in the land registry is essential to identify potential encumbrances, mortgages, pending property disputes, […]