After more than a decade of rising house prices and an equally robust commercial real estate market over the past five years, it is disappointing to accept that a slowdown in the real estate market is booming. Sales volume is less than 20 years. Confusion in financial markets is also leading to a decline in commercial real estate. Logic and experience tell us that infringements and defaults on real estate purchase contracts are likely to be more frequent, as today`s declining markets are compounded by the scarcity of credits. This is why a new review of the legal and fair remedies available to sellers and buyers of real estate in the event of a failed transaction is timely. Offences can be proven by a number of means. The courts will focus on the original provisions of the document to determine whether there has been an infringement. They will also investigate the conduct of both parties after the alleged offence, in order to determine all the facts related to the incident. Ideally, in the case of a buyer, the agreement should stipulate that he has the right to terminate the contract if breaches of sales contracts can be corrected by a number of means. In most cases, an action for financial damages may be sufficient to help the non-breaker recover its losses. This can be calculated based on the value of the product sold or the products sold. Other losses can sometimes be taken into account in the undertaking of damages, such as the company`s loss of earnings.B. However, all losses must be caused in one way or another by the injury.
An infringement occurs when the seller or buyer violates the terms of the sales contract. Under the Single Code of Commerce, an offence is imposed by the seller when the items sold do not comply with the contract description or when the seller does not deliver the items on time. This includes all written or tacit guarantees or guarantees. If z.B. a car you sold to a customer while the warranty collapses and you do not repair it as stipulated in the contract, you are violating the terms of the contract. There are situations where the financial damage is insufficient. As real estate, for example, is unique, you can`t just go out and buy the same property. In such cases, the courts may expressly order the breacher of the breach of the breach to fulfil the contractual obligation, namely the sale of the property. This means is called specific performance.
Specific performance is only used in rare cases. Sellers are also guilty of violating PSAs. There are two general categories of violations of sellers` agreements: non-closure and violations of representations. For the failure to close, the two most common remedies are: the process of selling a property is long and complicated, and many things can go wrong. One of them is when there is a breach of the sales contract and the buyer or seller returns it without prior warning. Should this happen, it is important to be aware of your rights and the legal actions you can take. Depending on the contract, your client may sue you if you do not comply with your obligations. Your client may be eligible for general or consecutive damages if you reasonably expected him or her to suffer losses due to your injury. A compromise clause in your contract can help you avoid a long legal battle and is generally cheaper than litigation.
A mandatory arbitration clause requires you and your clients to do the arbitration and prohibits one of you from suing the other.