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Scenario: Land Sale with Contract to Sell, buyer backs out

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Arresto Menor
What if seller and buyer already signed and had a contract to sell notarized for purchase of a Real Estate Property, and buyer has already in fact paid a portion of the sale price (included in the CTS)-- but then for some reason, buyer backs out. Is the seller legally obligated to give back the partial payment even if no mention of this refund in case of backing out is in the CTS?

If the seller is obligated to return this money, wouldn't it be unfair since the seller could have already spent this elsewhere?

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