What happens if you change your mind after signing the Konvenju?

A change of heart does not release you

Notary Dr. Michael Laferla is direct on this point: if a buyer simply changes their mind about buying a property, that in no way affects the validity of the Promise of Sale (Konvenju). The Konvenju is a binding agreement — registering it with the Commissioner of Inland Revenue gives it legal force — and a change of heart is not something that can undo it. This is the practical meaning of "binding": cold feet, a better property appearing elsewhere, or second thoughts about the price are not grounds to walk away without consequence.

When a Konvenju can validly fall through

A Konvenju only falls through where there is a valid reason at law. Dr. Laferla gives the typical examples: the notary finds a defect in the title of the property, or the property is not covered by the necessary permits. Valid reasons fall into two broad groups:

• Conditions written into the Konvenju — the most common is "subject to bank loan approval": if the buyer's mortgage is refused, the clause lets them withdraw and recover the deposit. Others include subject to clean title searches or to specific permits being in order.
• Defects uncovered by the notary's due diligence — if the searches reveal a problem with the title, an undischarged hypothec, or missing planning permits, the buyer is not obliged to proceed with a defective purchase.

In each case it's a specific, legally recognised problem — not a change of mind — that allows the agreement to be unwound.

What happens if you walk away without a valid reason

If a buyer withdraws without one of these reasons, the consequence is loss of the deposit: the 10% paid at the Konvenju is forfeited to the seller as compensation for having taken the property off the market. That right isn't automatic, though — under the Civil Code the seller must follow the proper procedure (a judicial letter before the Konvenju expires and a sworn application within the statutory deadline) and obtain the court's confirmation. The notary's role includes making sure both parties understand these obligations before they sign.

Sources

• Dr. Michael Laferla — Yitaku Asks video (a change of mind does not void the Konvenju; valid legal reasons)
• Civil Code of Malta, Chapter 16 — Article 1357 (binding promise of sale, deposit on account, remedies and procedural deadlines)
• Notarial Profession and Notarial Archives Act, Chapter 55 — notarial execution and registration
• Inland Revenue Department of Malta — registration of the Konvenju as the binding step