Seller sues buyer for refusing to complete property purchase — court dismisses claim finding buyer had legitimate reason and no bad faith
Prim'Awla tal-Qorti Ċivili · Hon. Justice Henri Mizzi · 5 December 2025
Carmen Dingli entered into a konvenju (promise of sale agreement) on 25 January 2023 to sell her property in Sliema to Lawrence Cassar. When the time came to publish the final deed of sale, Cassar refused to proceed. His reason: the causa mortis declaration and transfer of the deceased husband's assets (of which the property formed part) had not yet been completed when the konvenju was about to expire — meaning title had not been properly cleared. Dingli argued she had sent an official letter under Art. 1357(2) of the Civil Code extending the konvenju by 30 days, and that the causa mortis was published within that extension period. The court dismissed Dingli's claims and ordered her to pay costs.
The court rejected the plaintiff's arguments on both substantive and procedural grounds. The central question was whether the defendant had a legitimate legal reason to refuse to proceed with the final deed. The court found that the incomplete causa mortis transfer was a genuine legal impediment at the time the konvenju expired — the title was not clear and the buyer could not be compelled to accept an uncertain title. Furthermore, the court found no evidence of bad faith on the buyer's part: he had cancelled his financing after the extended deadline passed, which was consistent with genuinely intending to proceed had the conditions been met in time. The court observed that parties enter contracts for personal reasons and are entitled to decline to extend their obligations — this is not in itself bad faith. The plaintiff's costs were ordered against her.