What is the difference between a fundamental breach of contract and an ordinary breach of contract?
An agreement usually defines which parts of the contract are “fundamental” and which are not. For example, the price of the apartment is a fundamental condition of the contract. So is, usually, the date of possession. Breaching these conditions brings about a fundamental breach of contract, which allows the injured party to immediately cancel the contract without warning the other side at all. An ordinary breach of contract becomes fundamental only after notice of the breach has been given to the offending party and that party takes no action to remedy the situation. It should be noted that some sellers insert a general clause declaring all conditions contained in the contract to be fundamental. Such a general clause is invalid. Fundamental conditions have to be clearly and explicitly listed. It is important as a buyer to be aware which conditions have been defined as fundamental. Take care that you do not find yourself in breach of these conditions.
