In the lockout contract, the seller is required to pay the buyer`s fees if the buyer provides a written notice (during the prohibition period) confirming that he is ready, willing and able to exchange contracts. This is when the seller fails or refuses to make the exchange, he must pay to the buyer, an amount that may be the total cost, fees and expenses incurred by the buyer during the prohibition period. This may or may not be capped. Since an exclusivity or lockout agreement is intended to protect the buyer while he has prepared for the closing of the sale and, at the last moment, if he loses property because the seller decides to sue with someone else, the payment of damages by the seller must be considered as an appropriate alternative. Why not accept, for example, that for a pre-trade deposit of, say, 10,000.00 euros is paid by the buyer to the seller to secure the property for 28 days (the “Lock Out” period) and that the seller will sell the property to the buyer once the buyer is ready, so that the buyer insures steps before the exchange if the exchange is made within the prohibition period , should the seller proceed as agreed? A lockout contract is enforceable (and the parties are liable for any breach of their obligations) only if the following conditions are met: the seller is also required to return the non-refundable deposit filed by the buyer prior to the performance of this contract. In many cases, certain amounts are paid to the seller as a non-refundable down payment to secure the property purchased by another buyer. A lockout agreement may include a clause in which both parties agree to act against each other with respect to the agreement and the transaction. A good faith act means that: The other main concern is the extent of corrective action available – a jilted buyer is very unlikely that an injunction to stop the sale of the seller to a third party, so that the only solution under the contract is the reimbursement of wasted costs and, in limited circumstances, the additional payment of damages. Is there really a disadvantage for the seller of a lockout? The answer is only a limited drawback. To the extent that the prohibition period is relatively short and the lockout contract contains the above obligations of the buyer, a seller should not be over-affected, especially if the seller may also induce the interested buyer to pay a non-refundable down payment. Preliminary contracts can be reassuring, especially when their terms are simple and the parties understand that they do not require the seller to sell or buy the buyer.