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Purchase contract and usability of the acquired property

Real estate law

Purchase contract and usability of the acquired property

The Italian Supreme Court, in its recent decision no. 8749 of April 3, 2024, clarified that irremediable violations of urban planning regulations (impossibility of obtaining usability) constitute a qualified breach of contract, which may result in the termination of the sale 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 this can be obtained, the legal remedy of termination of the contract cannot be invoked. It is therefore necessary to examine the relevance of the breach in accordance with article 1455 of the Italian Civil Code.