The remedy depends on the agreement, the reason for non-performance and whether the transfer can legally be completed. The buyer may seek refund, compensation or, in an appropriate case, specific performance under the National Civil Code.
Important factors
- whether the advance agreement is enforceable;
- whether the property description is definite;
- whether the seller had title;
- whether required formalities were completed;
- whether the buyer was ready to perform;
- whether damages would be adequate.