The cancellation of a House Order Letter
inevitably carries certain legal consequences. A unilateral cancellation of the
house order agreement by the buyer is essentially not considered a breach of
contract by either party, since the house order letter is not a binding
agreement. The house order letter is typically made before the execution of a
Sale and Purchase Binding Agreement (PPJB) before a Notary. The characteristic
of a house order letter is that it is a written document used in property
transactions, especially for houses, between the buyer and the developer or
seller.
Its main function is to demonstrate the
buyer's seriousness in purchasing the offered house. However, it is important
to understand that the house order letter is not an official sale and purchase
agreement. Although it does not yet have the binding legal force like the PPJB
or the Deed of Sale and Purchase (AJB) authorized by a notary, the house order
letter still carries legal value as an initial document that indicates the
intent and preliminary agreement between the buyer and the seller. In essence,
the house order letter is not equivalent to a binding Sale and Purchase Binding
Agreement (PPJB) for land, and thus cannot be categorized as a conditional
engagement.
This can be seen based on the provisions of
Article 1253 of the Indonesian Civil Code (KUHPerdata), where the legal effect
of a unilateral cancellation of the House Order Letter by the buyer includes
the termination of an agreement. When necessary, the parties may release
themselves from obligations as stipulated in Articles 1266 and 1267 of the
Civil Code. Furthermore, the seller is obliged to return the amount of money
already paid by the buyer, after deducting a certain percentage in accordance
with Aristotle’s theory of distributive justice. The parties may also be
subject to penalties, the amount of which is adjusted based on mutual agreement
and must be paid either by the buyer to the developer or vice versa, for each
day of delay, and is to be paid in full.
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