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Purchase agreement and usability of the purchased property

Real estate law

Purchase agreement and usability of the purchased property

In its decision no. 8749 of 3th April 2024, the Italian Supreme Court clarified that irremediable breaches of urban planning regulations (impossibility of obtaining usability) constitute a qualified breach of contract, which may result in the sale being terminated alium pro alio datum.

If, on the other hand, administrative documents are missing, but the legal requirements for the usability of the property exist and can be met, the legal remedy of cancellation of the contract cannot be used. It is therefore necessary to examine the materiality of the non-fulfilment in accordance with article 1455 of the Italian Civil Code.