Antohi Laurențiu Law Office
The preliminary sale-purchase agreement — reviewed before you sign, defended if the other party doesn’t keep their word.
Are you buying or selling a property and received a preliminary sale-purchase agreement from the developer or the other party? I review the terms before signing and, if the other party unjustifiably refuses to complete the contract, I represent you in court — paying close attention to the short limitation period.
What I check in a preliminary agreement.
Deadlines and penalties
With a developer, I look closely at the completion and handover deadline, the penalties for delay, and what happens if the deadline is missed — clauses that, in practice, are written far more in the developer’s favor than they appear at first reading.
Warranties and encumbrances on the property
I check whether the property has any encumbrances, mortgages or restrictions recorded in the land registry, whether the building permit is in order, and whether the seller actually has the right to promise the sale of that asset.
Deposit, earnest money, and termination conditions
The difference between a simple deposit and earnest money completely changes what happens if one party backs out — with earnest money, the party who breaks the promise can lose it or be required to repay double, while a simple deposit is returned without penalty. I clarify this from the outset.
Obtaining a judgment in lieu of contract.
Formal notice of default
The first step is a formal notice requesting the other party to complete the sale contract before a notary, within the deadline set in the preliminary agreement or within a reasonable time.
Court action (Art. 1669 Civil Code)
If the party continues to unjustifiably refuse, I ask the court to issue a judgment that takes the place of the sale contract — provided all the other validity conditions of the sale are met. The final judgment takes the place of a notarial deed and can be registered directly in the land registry.
Watch the limitation period
The right to bring this action prescribes in just 6 months from the date the contract should have been completed — much shorter than the general 3-year limitation period. If you delay, you may permanently lose the right to obtain the property through the courts.
The 6-month deadline doesn’t forgive delay.
Most people believe they have the general 3-year limitation period, as with any other contract. For preliminary agreements, the law sets a special term of just 6 months — which is why, if the other party stalls, the sooner you act, the better your chances remain.
Send me the preliminary agreement before we talk.
Fill in the form below, selecting “Real Estate Contracts” as the type of issue. Upload the preliminary agreement, proof of payments made, and any relevant correspondence with the other party.