Caparra Confirmatoria

If the buyer decides not to go ahead with the purchase after signing the compromesso, the vendor keeps the deposit he was paid. If the vendor decides to pull out of the sale he must pay back double the deposit he received at the signing of the compromesso.

In the event of a sale falling through, by choosing “caparra confirmatoria” it gives both the buyer and the vendor the right to take the matter to court and either force the sale to go ahead or seek compensation.

Hypothetical situations:

• The buyer can, for example, force you to buy his property if he/she was in the process of buying a property with the amount he had hoped to gain from the sale of his property.
• Alternatively, the vendor might sell to someone else. With "caparra confirmatoria” the buyer can seek additional damages.

For legal problems you get your money back but if you simply change your mind you forfeit your deposit. If the vendor no longer wants to go ahead with the sale he has to pay back double the deposit.