If you find yourself in a situation where you do not know how to act so that the deposit given at the conclusion of the pre-contract for the sale-purchase of a property in Romania is returned to you, or you wish to obtain damages caused by the non-fulfillment of the obligations, you must consider the significance of the pre-contract thus concluded , the existence of enforceability as well as the order of remedies that you can apply in Romania. Pavel Margarit and Associates Romanian Law Firm recommends addressing to a Romanian lawyer specialized in commercial law, real estate and commercial litigation because often the application of the remedies is influenced by the provisions contained in the pre-contract for the sale-purchase of a property, which is why a careful analysis of the contained clauses is needed.

 

The enforceability of the pre-contract for the sale-purchase of a property. Obligation to sign in authentic form. Applicable remedies.

The pre-contract for the sale-purchase of a property represents the agreement agreed by the parties by which they undertake to conclude a contract in the future, the essential elements being predetermined by this pre-contract. The conclusion of a pre-contract for the sale-purchase of a property 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 obligations.

 

The Romanian law does not impose a specific form for the conclusion of the pre-contract for the sale-purchase in Romania, the parties being free to choose whether they want to conclude a document under a private signature or an authentic one.

 

Pavel Margarit and Associates Romanian Law Firm recommends that, whatever the method chosen for the conclusion of the pre-contract, the drafting, or at least the revision 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 if a certain, liquid and enforceable claim is established, so the authentication of the pre-contract for the sale-purchase does not attract directly the possibility of starting the enforcement. The fault in the non-execution of the pre-contract cannot be established by the bailiff, but the remedy in this situation is the judicial termination.

 

Addressing a Romanian lawyer specialized in commercial law, real estate and commercial litigation is essential, because there are many situations where the parties to the pre-contract were illegally enforced, a specialist in this field being able to guide the client to applicable  remedies and ways, such as the enforcement appeal.

 

Another remedy to which the interested party can appeal is the pronouncement of a decision which substitutes 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.

 

Pavel Margarit and Associates Romanian Law Firm recommends addressing to a Romanian lawyer specialized in commercial law, real estate and commercial litigation to guide the client on the remedies that can be chosen for enforcement either in kind or in equivalent, of the pre-contract.

If you find yourself in a situation where you do not know how to act so that the deposit given at the conclusion of the pre-contract for the sale-purchase of a property in Romania is returned to you, or you wish to obtain damages caused by the non-fulfillment of the obligations, you must consider the significance of the pre-contract thus concluded , the existence of enforceability as well as the order of remedies that you can apply in Romania. Pavel Margarit and Associates Romanian Law Firm recommends addressing to a Romanian lawyer specialized in commercial law, real estate and commercial litigation because often the application of the remedies is influenced by the provisions contained in the pre-contract for the sale-purchase of a property, which is why a careful analysis of the contained clauses is needed.

 

The enforceability of the pre-contract for the sale-purchase of a property. Obligation to sign in authentic form. Applicable remedies.

The pre-contract for the sale-purchase of a property represents the agreement agreed by the parties by which they undertake to conclude a contract in the future, the essential elements being predetermined by this pre-contract. The conclusion of a pre-contract for the sale-purchase of a property 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 obligations.

 

The Romanian law does not impose a specific form for the conclusion of the pre-contract for the sale-purchase in Romania, the parties being free to choose whether they want to conclude a document under a private signature or an authentic one.

 

Pavel Margarit and Associates Romanian Law Firm recommends that, whatever the method chosen for the conclusion of the pre-contract, the drafting, or at least the revision 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 if a certain, liquid and enforceable claim is established, so the authentication of the pre-contract for the sale-purchase does not attract directly the possibility of starting the enforcement. The fault in the non-execution of the pre-contract cannot be established by the bailiff, but the remedy in this situation is the judicial termination.

 

Addressing a Romanian lawyer specialized in commercial law, real estate and commercial litigation is essential, because there are many situations where the parties to the pre-contract were illegally enforced, a specialist in this field being able to guide the client to applicable  remedies and ways, such as the enforcement appeal.

 

Another remedy to which the interested party can appeal is the pronouncement of a decision which substitutes 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.

 

Pavel Margarit and Associates Romanian Law Firm recommends addressing to a Romanian lawyer specialized in commercial law, real estate and commercial litigation to guide the client on the remedies that can be chosen for enforcement either in kind or in equivalent, of the pre-contract.

What should I do if I want to recover the deposit given at the conclusion of a pre-contract for the sale-purchase of a property in Romania?

If you wish to recover the deposit given at the conclusion of a pre-contract for the sale-purchase of a property in Romania or seek damages for non-fulfillment of obligations, it is important to consider the significance of the pre-contract and the available remedies in Romania. To navigate these legal matters effectively, it is recommended to consult a Romanian lawyer specialized in commercial law, real estate, and commercial litigation. They can provide guidance and assistance based on a careful analysis of the clauses in the pre-contract.

Are there specific forms required for the conclusion of a pre-contract for the sale-purchase of a property in Romania?

The Romanian law does not impose a specific form for the conclusion of a pre-contract for the sale-purchase of a property. Parties have the freedom to choose whether they want to sign a document under a private signature or an authentic one. However, regardless of the chosen method, it is advisable to have a lawyer specialized in commercial law, real estate law, and commercial litigation review or assist in drafting the contractual clauses to ensure the protection and security of the parties’ rights.

What remedies are available if the obligations of the pre-contract are not fulfilled?

Authentic documents represent an enforceable title only when a certain, liquid, and enforceable claim is established. Therefore, the authentication of the pre-contract for the sale-purchase does not directly lead to the possibility of enforcement. In cases of non-execution of the pre-contract, the fault cannot be determined by a bailiff, but the appropriate remedy is judicial termination. A specialized lawyer in commercial law, real estate, and commercial litigation can guide you through the available remedies, such as the enforcement appeal, in situations where parties were unlawfully enforced. Another remedy is the pronouncement of a decision that substitutes the contract within six months from the date on which it should have been concluded. However, the fulfillment of other validity conditions must be taken into account. Consulting a lawyer is crucial to understand and pursue the appropriate remedies for enforcing the pre-contract, whether in kind or in equivalent.