Notary ordered to pay €90,000 compensation to former clients

Dr. Daniel Buttigieg, a senior associate in the local litigation department, appeared for the plaintiffs on a professional negligence suit.

Plaintiffs had entered into a promise of sale agreement which was subject to bank financing. The buyers where obliged to either procure the financing within 5 weeks, later extended by another 2 weeks, and in default, they could either rescind the promise of sale or renounce to the resolutive condition. On being wrongly advised by the Notary that the promise of sale had expired, a new promise of sale agreement was entered into with third parties for the same property. The sellers subsequently ended up in an unenviable position of having two valid promise of sale agreements and numerous court procedures filed against them, which were eventually settled out of court. Consequently the plaintiffs sued the defendant for the damages they had sustained.

The court concluded that the Notary was responsible the losses suffered and liquidated the damages sustained by the plaintiffs at €90,000 together with interests from the date of the judgement till date of payment and expenses.