A signature does not establish individual negotiation. When an unfair term in a Bulgarian consumer property contract may be ineffective.
Signing a contract does not automatically make every pre-drafted term individually negotiated. Where the relationship is between a trader and a consumer, Articles 143–146 of the Consumer Protection Act allow scrutiny for unfair terms.
An individual acting outside a trade or profession may qualify for consumer protection. A purchase by a company as buyer or a transaction between two private owners does not automatically fall within the same regime. The fact that the subject is property does not establish the parties’ contractual capacities.
Not every unfavourable term is unfair. The assessment considers good faith, significant imbalance, circumstances at formation and the other terms. Potential concerns include unilateral exclusion of the trader’s liability, unjustifiably high penalties or retention of payments without corresponding consumer protection.
A term prepared in advance without a real opportunity for the consumer to influence its content does not become individually negotiated through a declaration that it was read and accepted. The trader bears the burden of proving claimed individual negotiation. Amending one provision does not prevent scrutiny of the others.
Unfair terms that were not individually negotiated are void; the contract may remain effective if it can operate without them. Clearly and intelligibly expressed core subject matter and price-to-performance equivalence have a specific limitation on review. A defence should therefore identify the particular term and consequence rather than simply declare the entire agreement ineffective.
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This article is for general information only. It does not constitute or replace individual legal advice.