Practice Areas > Civil & Property > Purchase & Sale of Property
Overview
Prior to entering a contract of sale or purchase of immovable property, the parties must negotiate the terms and conditions which must be laid down in the promise of sale agreement and then in the final deed of sale.
In this respect whilst bearing in mind that many of the conditions laid down are usually standard, the law allows the parties some leeway to include those conditions which they deem appropriate in the ambit of the particular circumstances in which they are in.
Promise of Sale Agreements
The Promise of Sale Agreement (Konvenju)
A promise of sale of immovable property is a contract whereby one of the contracting parties known as the seller, binds himself to transfer to the other party, known as the buyer, immovable property of a particular description for a price which the latter binds himself to pay to the seller.
Once the parties have agreed on the terms and conditions of the sale as well as the price to be paid for the property in question the parties will schedule a date for a promise of sale agreement which is a preliminary agreement governed by Article 1357 of the Civil Code whereby the seller known as the promisor binds himself to sell the property for a defined price to the buyer known as the promisee who accepts. Once the promisee accepts to buy the property in question an obligation on the promisor shall be created such that the seller must carry out the sale and if that obligation cannot be fulfilled anymore the seller must compensate the prospective buyer for the damage caused.
How we can assist
Legal Advice
Our role in these negotiations is to give legal advice concerning the conditions which the parties may wish to include, and the legal implications carried by those conditions. Whether you are the seller or the buyer we will advise you to ensure your rights are safeguarded and obligations are honoured. The rights and obligations of the parties to a contract of sale of property is one of the main issues of contention.
Review of Promise of Sale Agreement or Deed of Sale
Contracts of Sale are normally drafted by notaries and they will include all the terms and conditions which would have been laid down in the promise of sale agreements. Where the contract is made available by the notary prior to signing our experienced team will review the clauses and advise you as to your rights and obligations as well as your responsibilities and liabilities.
Assistance where Promise of Sale is set to Expire
Where a promise of sale is about to expire, we will advise you on how to proceed. We can advise on extending the promise of sale agreement. In the case of a buyer we will advice on filing a judicial letter in Court whereby the seller is called upon to come forward to sign the final deed of sale. Once the judicial letter is filed the promise of sale is extended by 30 days. After that if the promisor still does not honour his obligation, we will proceed to file the relevant Court case.
Litigious Assistance if Promise to Sell is not Honoured
We will assist you in front of the Court in litigation arising from not honouring a promise to sell.
The Process
Specialising
Lawyers
Sarah Demicoli joined the Firm as an Associate Lawyer in 2021. She graduated with a Doctor of Laws at the University of Malta in 2016. In 2017, she worked with the Department of Justice at the United States Embassy in Valletta where she contributed to training provided by the International Institute for Justice and the Rule of Law on counter-terrorism, juvenile justice and the rule of law to various legal and judicial professionals in Africa and Asia, gaining practical knowledge in that field. In 2019 she joined a localboutique regulatory advisor where she worked within corporate and regulatory advisory. In 2023 she obtained a Professional Award in Taxation awarded by the Malta Institute of Taxation. Sarah currently undertakes the civil and commercial litigation of the Firm, whilst also providing support to clients on employment law, competition law and corporate law.
Sarah is currently pursuing a master's degree in Financial Services at the University of Malta.
Education
2023: Award in Taxation, Malta Institute of Taxation
2017: Doctor of Laws, University of Malta
2016: Diploma of Notary Public, University of Malta
2014: Bachelor of Laws, University of Malta
Professional Experience
2021: Associate, Gonzi & Associates, Advocates
2019: Associate, Lecocqassociate
2017: Administrative Assistant, United States Embassy, Valletta
Professional Memberships
Chamber of Advocates (Malta)
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