Promise to sell real estate contract is a preliminary contract in which the seller is obliged to sell the real estate at a future date. It can be registered in the land registry.
Form Condition
- It must be made in the form of a notary arrangement
- Otherwise it is absolutely void
- It can be annotated in the land registry (5 years)
Content of the Agreement
- The immovable property must be determined (island, parcel)
- Price
- Payment plan
- Date of transfer
- Annotation period
Suit for Performance
If the seller does not fulfill the promise, the buyer can file a lawsuit for performance and transfer the title deed to his name with the judge's decision.
Supreme Court 14. HD
14. HD accepts that in order to request the fulfillment of the sales promise contract, the buyer must prove that he has performed his duty or is able to perform it.
Real estate law lawyer is recommended.