What happens if the Konvenju expires in Malta?

Expiry voids the promise of sale

As Dr. Laferla puts it plainly, "if the promise of sale expires, then the promise of sale would be null and void at law." Once the agreed term runs out without the final deed, the Konvenju simply ceases to have legal effect.

What that means for both sides

With the Konvenju void, neither party is bound by it: the seller's obligation to reserve the property falls away and they are free to sell to someone else, and the buyer is released from the commitment to proceed.

What happens to the deposit

As a rule, when a Konvenju expires the buyer's deposit is returned — the seller cannot simply keep it. Under Article 1357 of the Civil Code, a seller who wants to retain the deposit on the basis that the buyer walked away without a valid reason must follow a strict procedure: file a judicial letter before the Konvenju expires, file a sworn application within 30 days of expiry, and obtain a court order confirming the buyer had no valid reason to refuse. Miss any of those deadlines and the deposit must be returned, whatever the contract says.

How to avoid expiry

If more time is needed before the term runs out, the parties can agree to extend the Konvenju rather than let it lapse. Whether the deposit is ultimately at risk turns on why the term expired — a failed condition is very different from simply abandoning the purchase.

Sources

• Dr. Michael Laferla — Yitaku Asks video (an expired promise of sale is null and void at law)
• Civil Code of Malta, Chapter 16 — Article 1357 (effect of lapse; judicial letter, 30-day sworn application and court order required to retain a forfeited deposit)
• Maltese notarial practice — return of the deposit on expiry absent the statutory forfeiture procedure