Issue link: https://maltatoday.uberflip.com/i/1465732
maltatoday | SUNDAY • 24 APRIL 2022 15 LAW CLASSIFIEDS HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apartments for short or long lets with magnificent sea-views. Call 21556021, 27556021, 79426883 PROPERT Y TO LE T SAN GWANN – Ironmongery as a going concern. Key money plus daily rent. For further informa- tion kindly contact 99474953. XLENDI - catering premises in prime site to let. Can be used for other commercial purpos- es. Phone 79493021, 79426883, 77481592 or 77484029 PROPERT Y FOR SALE SAN GWANN - Close to all amenities and located in the com- mercial district is this 3 storey OFFICE BUILDING. Presently arranged in open plan layout on each floor, complimenting this there are a number meeting rooms. Each floor has a balco- ny and toilet facilities, with the 3rd floor having a front terrace overlooking the main street and the back balcony with country views. Although the property is currently being used as offices, there is the possibility of con- verting to two apartments and a penthouse with terrace. The property is being offered free- hold. Asking price: €760,000. Call on:79899838. SAN GWANN- Open plan 190sqm, ready to move into designer finished second floor apartment in a central quiet street forming part of a block of 5 apartments. Two double A/C bedrooms and 1 single A/C bed- room, two bathrooms, lift, dou- ble glazing doors and windows. Direct from owner €350k inquire on 79402244. TAR XIEN - Larger than usu- al first floor duplex maisonette. Three bedrooms; double glazed windows; inverter air condition- ers including solar water heater. Being sold furnished. Own air- space with possibility of further development. Contact owner on 99912005/99450639. SERVICES NEWSPAPER adverts - Book & pay on-line on www.perfecta. com.mt - no extra charges. Call on 21322452 SITUATIONS VACANT ASIAN PALACE CATERING LTD - vacancies available for a part time as waiter/waitress for 20 hours weekly these hours include weekends and public holidays. Phone 27811888 or 99504694. CASHIER & ASIAN PRODUCT SPECIALIST – TN Enterprise Limited (Grab and GO Asian Food Market) the Asian store online. We are now selling Asian food products in store and are seeking to employ with imme- diate effect on a full-time basis. Applicants must have a technical knowledge of Asian goods and be able to sell in the store also to act as cashier and have a knowledge of stock management and cus- tomer support. Applicant must be able to suggest solutions and have initiative on new potential prod- ucts for the business. Interested applicants must also be fluent in written and spoken english plus Thai or Chinese. Kindly apply by sending your CV to: tn.info.mal- ta@gmail.com CLEANER - to work full time on a roster in a busy restau- rant in Naxxar. Must be fluent in English, flexible with hours and be able to work weekends and public holidays. Own transport is also needed. Please call 99885352 The Village Kitchen Ltd for more info. FOOD KINGDOM LTD – we have vacancies for a part time waiter/waitress for 20 hours weekly. Also, there are vacancies for a restaurant cashier, Asian Food Chefs and Sushi Chefs. A full-time position is availa- ble for a Restaurant Manager. Hours include weekends and public holidays. Phone 27833888 or 99504694. G A Enterprises & Co Ltd – we have vacancies for the follow- ing positions – 1) picker and packer, 2) delivery person/help- er, 3) cleaners and house keep- ers, 4) store assistant. Experience considered an asset for selec- tion. Send your CV to: g.a.enter- prisesltd@gmail.com or call on: 20991182 STUDY FIRST EUROPE LTD – we are looking to recruit a CEO to lead the firm to success. Interested applicants must have at least a BA or MBA Qualification and previous experience and knowledge are considered as assets. Fluency in the English Language is a must. Interested applicants are to send an email to marie-kristin.fischer@studyfirst- europe.com. No Agents please IF the purchaser pays earnest (kapparra) the parties may not contract the sale, however, the payment will have to be refund- ed or else the vendor will have to pay double the earnest. This was held by Magistrate Victor Axiak presiding the Magistrates Court on 11 April 2022 in Basile Elma- bhouh et -v- Rashid Mohamed Sabri et. The plaintiffs filed an appli- cation asking the court to or- der the defendant to pay them €15,000, after a promise of sale agreement fell through. The plaintiffs had paid €15,000 as a deposit on the price of a maisonette, but the defendant failed to appear on the final deed without a just cause. The curator appearing for the defendants held that they were not aware of the facts of the case. The Court analysed the evi- dence brought before it. The plaintiff held in his affidavit, that he and his wife entered into a promise of sale agree- ment with the defendant in order to purchase a property. They had made arrangements with the banks to take a loan, but after some time the de- fendant rang the plaintiff in- forming him that he does not want to sell the property any longer. He was informed that the property was to be sold to someone else. The notary also testified and confirmed that the Defendant failed to turn up for the contract. The Court in its judgement held that the action is based on Article 1357(2) of the Civil Code which reads: "(2) The effect of such prom- ise shall cease on the lapse of the time agreed between the parties for the purpose or, fail- ing any such agreement, on the lapse of three months from the day on which the sale could be carried out, unless the prom- isee calls upon the promisor, by means of a judicial intima- tion filed before the expira- tion of the period applicable as aforesaid, to carry out the same, and unless, in the event that the promisor fails to do so, the demand by sworn ap- plication for the carrying out of the promise is filed within thirty days from the expiration of the period aforesaid." The Court pointed out that neither of the parties extend- ed the promise of sale agree- ment and therefore, the ques- tion lies on what happens to the deposit the plaintiffs paid. Maltese case-law gives con- flicting judgements on the is- sue and fails to regulate what happens to a deposit. From the promise of sale agreement, the €15,000 was "a deposit on account of the price". If the vendor failed to appear on the contract, then the purchaser, being the plain- tiff, will have a right to be refunded and take action in terms of Article 1357 of the Civil Code. The Court then quoted Ar- ticle 1359 of the Civil Code, which deals with earnest (kap- parra). Our courts have held that when earnest payments are done on a promise of sale agreements, each of the par- ties are free not to appear on the final deed for whatever reason, long as the prospec- tive buyer is willing to lose the deposit paid. If the seller fails to sign the contract, then he would have to pay the buyer twice the sum of the deposit. This was held in Carmel Brin- cat et -v- Victor Galea et de- cided by the First Hall of the Civil Courts on 17 January 2013 and Edgar Cachia et -v- Prestige Apartments Limited decided by the Court of Ap- peal on 23 November 2020. The Court held that it must examine whether the payment made by the Defendant was a deposit or earnest. The prom- ise of sale agreement mentions that the sum was "a deposit on account of the price" If the vendor fails to appear on the final deed "the right to the im- mediate refund of the depos- it". If it is the purchaser fails to appear, the promise of sale agreement allows the purchas- er, who is the Plaintiff in this case to proceed in terms of Article 1357 of the Civil Code and to retain the deposit "by way of pre-liquidated damag- es". Parties may not follow on through LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates CLASSIFIEDS INFO @MEDIATODAY.COM.MT