Jaime Roriz Lawyers

Legal support in promissory agreements, breaches and real estate disputes

The promissory agreement is an essential stage in many property transactions, setting out terms such as price, deposit, deadlines, financing, handover of the property, completion of the deed and the consequences of any breach. An incomplete or unclear drafting can give rise to significant disputes between buyer and seller. We act in the analysis, drafting and review of promissory agreements, seeking to prevent risks and protect the client’s interests. Where real estate disputes arise, we support negotiations, claims for rights, termination of the contract, specific performance, claims for compensation or court proceedings appropriate to the particular case.

Areas of intervention

We act in different situations related to promissory agreements and real estate disputes, assessing documents, deadlines, responsibilities and legal means of response.

Legal support at every stage

We support the client from the negotiation of the promissory agreement through to the resolution of breaches, completion of the transaction or court intervention, where necessary.

Review and revision of the promissory agreement

We check clauses concerning price, deposit, deadlines, financing, deed, handover of the property, breach and the parties’ responsibilities.

Prevention of legal risks

We identify risks relating to documentation, encumbrances, licences, suspensive conditions, deadlines or obligations undertaken by the parties.

Management of breaches

We intervene in situations involving delay, refusal to complete the deed, non-payment, breach of clauses or disagreements between buyer and seller.

Resolution of real estate disputes

We support negotiations, complaints, compensation claims, specific performance or court proceedings related to the property.

Frequently Asked Questions

We clarify some of the most common questions about preliminary contracts, deposits, breach, completion deeds and property disputes.

What should be included in a promissory contract for the sale and purchase of property?

The contract should identify the parties and the property, state the price, deposit, deadlines, financing conditions, the date or deadline for completion, the parties’ obligations and the consequences of any breach.

The consequences depend on the contract and the applicable law. Depending on the specific case, they may include loss of the deposit, repayment in double, a claim for compensation, termination of the contract or specific performance.

In certain situations, it may be possible to seek specific performance, asking the court to give effect to the contractual declaration of the defaulting party. Whether this is viable depends on the contract, the evidence and the circumstances of the case.

Yes, it is advisable. Legal review helps identify unfavourable clauses, documentary risks, issues with deadlines, financing conditions, encumbrances over the property and the consequences of any breach

Book your legal consultation

Tell us about your situation. Our team will assess your request with rigour, confidentiality and attention to detail.