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.

Pavel, Margarit and Associates Romanian Law Firm is one of the top law firms in Romania, offering top legal advice. The Romanian law firm’s clients are foreign and top local companies and high worth individuals. In 2022, the success stories of the Romanian Law Firm have brought recognition from the most prestigious international guides and publications. The firm was ranked third place in Romania by the Legal 500 publication. The Romanian law firm is also recognized by IFLR 1000 Financial and Corporate Guide 2022. Pavel, Margarit & Associates Romanian Law Firm is also the only law firm in Romania recommended by the Global Law Experts Director in London in the Dispute Resolution area of Practice. All the relevant information regarding Pavel, Margarit & Associates Romanian Law Firm can be found on the website www.avocatpavel.ro.