04/09/2017 Admin
When
you buy a home you sign the preliminary (or compromise), a real
contract that forces both parties to sign the final act, which will
result in the transfer of ownership of the property. Only a serious breach of the contract allows us to dissolve from the
engagement with the contract, as established by the Civil Code.
As explained by the Law for all, severity is assessed on the basis of the performance and its economic value. In case of small defects in the house you are committed to buying, you can not refuse to rogue.
By judgment no. 2471/16
of 10 October 2016, the Treviso Court found that the purchaser's
refusal to submit to the notary for the signing of the final contract
was unlawful only after finding, after the signature of the compromise,
modest water infiltrations, the need to replace the toilet box and to adapt the boiler and kitchen spaces with the creation of the ventilation holes. According to the judge, such conduct is "contrary to good faith" and
constitutes a "totally disproportionate response to easily resolved
issues".
The
judgment of the Treviso Tribunal recalls that in the contracts with
corresponding benefits - such as the sale - where the parties are liable
for non-fulfillment or one of them justifies their failure to act
independently of that of the other party, the court must first proceed
to assess in a unitary and comparative manner their respective behaviors. This means that the court has to judge whether the default is so
serious that it justifies the dissolution of the other contractor from
the undertaking undertaken.
In the case decided by the judgment in the case, the seller's
witnesses confirmed that the buyer had made accurate visits, even with a
trusted contractor, before the signing of the compromise and had been
informed of the "property of the building".
Possible solutions are:
in the presence of defects in the property not hidden by the
seller and well known by the buyer prior to the signature of the
contract, the latter can not do anything and will have to rogue,
otherwise will lose the deposit;
in the presence of hidden property defects and not known with
ordinary diligence, but easily eliminable and of little value in
relation to the value of the property, the buyer may act against the
seller to ask for only a reduction in the purchase price;
in
the presence of defects in the concealed property and not known by
ordinary diligence, but in such a way as to render the seller in
default, the buyer may ask the court to terminate the contract for
default and obtain double of the versat depositGoogle Traduttore per le aziende:Translator ToolkitTraduttore di siti web