Subsequent Recorded Sale Prevails Over Prior Unrecorded Private Sale
Synthèse Legislator
Généré par l'IAA contract for the sale of real estate, executed as a private instrument, was subject to a statutory requirement that it be recorded for the transfer of ownership to be effective against third parties. The seller subsequently sold the same property to a second buyer via a notarized deed which was properly recorded, while the first buyer's private agreement remained unrecorded. The court held that because the second buyer's interest was established through a publicly recorded deed, which afforded the protection of publicity against third parties, the seller's subsequent transfer to the second buyer prevailed over the earlier, unrecorded private sale, as the second buyer was considered a third party protected by the registration laws.
Regeste Legislator
Généré par l'IASubsequent Recorded Sale Prevails Over Prior Unrecorded Private Sale: The seller subsequently sold the same property to a second buyer via a notarized deed which was properly recorded, while the first buyer's private agreement remained unrecorded. The court held that because the second buyer's interest was established through a publicly recorded deed, which afforded the protection of publicity against third parties, the seller's subsequent transfer to the second buyer prevailed over the earlier, unrecorded private sale, as the second buyer was considered a third party protected by the registration laws.