Real estate and property: Breach of preliminary sale contract

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It is possible that either party may default on the preliminary sale contract and decide not to move forward with the agreement.

A deposit is an amount of money that a part gives to the other at the end of the preliminary contract as a guarantee.

Breach of preliminary sale contract: with or without deposit

Without a deposit, Italian law allows 2 options:

1. Request of execution in specific form: the party that wants to proceed with the sale may appeal to a Judge for a court order to enforce the unfinished contract.

2. Termination of the contract and damages claim: the party that agrees to proceed with the deed may request the termination of the preliminary contract and damages claim, as per art. 1453 c.c.

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