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In the event of extraordinary maintenance, if the resolution intervenes before the sale, the costs are borne by the seller.

  • 03/05/2021

The Court of Cassation, with ordinance no. 11199 of April 28, 2021, considered that, with the sale of an exclusive portion located in the condominium following the adoption of a shareholders' resolution, prior to the signing of the translation deed, aimed at carrying out works consisting of innovations, extraordinary maintenance o restructuring, unless otherwise agreed in the internal relations between seller and buyer, the related costs must be borne by the former, that is to say by the seller, even if the works have been, in whole or in part, carried out at a later time, with consequent right of the buyer to retaliate against his assignor, for the amount paid to the condominium by virtue of the principle of passive solidarity pursuant to art. 63 avail. att. c.c.

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