Buyer v. Seller: Breach of Real Estate Sale Contract and Damages

A buyer contracted for the purchase of an immovable property, but the seller failed to appear at the scheduled notarized closing, despite repeated formal notices, leading the buyer to seek judicial termination of the sale and damages, on the grounds that the seller's failure constituted a definitive breach of the obligation to transfer title. The court upheld the lower court's decision to grant termination and damages, reasoning that the seller's refusal or failure to execute the final deed, in light of the contract and the formal notices, demonstrated a serious and definitive breach of the primary obligation of the promise to sell, justifying the resolution of the contract under the terms of the underlying agreement and established case law concerning non-performance of contractual obligations.