Legal assistance in case of delay in garage box transfer

Questioner

I bought a garage box. There was a verbal agreement about the price and delivery date. A selling broker provided the information to the notary for the drawing up of the deed of delivery. The transfer is now delayed because the existing mortgage has not yet been cancelled. We will not meet the agreed date anyway. 1. What are my rights as a buyer? Can I put the selling party in default and have a fine paid? 2. Can I cancel the purchase?

Lawyer

1) no, no fine unless agreed, but consequential damage unless conditions state otherwise; 2) this is not a justified reason for complete cancellation of the purchase

Lawyer

If the agreements had been agreed in writing and a standard purchase agreement had been used, you would have been entitled to a fine for each day that the purchase was not fulfilled. You can now enforce delivery by setting a deadline for the other party in writing by registered letter. If the agreement is not fulfilled, you can cancel the purchase. The cancellation must be confirmed by the court.