A couple signed a promise of sale for land in Bidnija in 2019 and paid a deposit. When the sellers refused to complete the final deed, the buyers went to court and won — the court ordered the transfer to go ahead.
Civil Court (First Hall) · Judge Henri Mizzi · 26 March 2026
In August 2019, Mario and Maria Psaila signed a promise of sale (konvenju) binding them to sell a divided portion of land in the territory known as 'Ta' Cincli' in Bidnija to Gabriel Falzon and Francesca Camilleri. A deposit was paid and the final deed was to be published by Notary Pierre Attard. When the time came to complete the sale, the Psailas refused to appear and sign the final deed of transfer. The buyers brought proceedings in the Civil Court seeking to enforce the promise of sale. The court found the promise of sale was valid and binding. It ordered the Psailas to appear before Notary Joseph Tabone (appointed by the court for this purpose) to sign the final deed of transfer. In the event that the Psailas failed to appear, the court appointed Dr Ramona Attard as curator to appear on their behalf and sign the deed. The Psailas were ordered to pay all legal costs.
Buyers won. Court ordered Psailas to appear and sign the final deed of transfer. Court-appointed curator to sign on their behalf if they refuse. Psailas ordered to pay all legal costs.
Civil Code Ch. 16 Arts. 1344-1392 — sale of immovable property; specific performance of contractual obligations