Seller's Unregistered Right of Preference in Property Resale
Synthèse Legislator
Généré par l'IAA seller of an immoveable property, who had reserved a right of preference on any future resale, sued the buyer for specific performance when the buyer sold the property to a third party without notifying the seller, leading the buyer to claim the reservation clause was invalid because it was not registered. The court quashed the lower court's decision, reasoning that the unregistered contractual right of preference, even if concerning an immoveable, was nonetheless binding between the contracting parties, meaning the original seller had the right to demand that the property be transferred to them, subject to the obligations under the agreement.
Regeste Legislator
Généré par l'IASeller's Unregistered Right of Preference in Property Resale: The court quashed the lower court's decision, reasoning that the unregistered contractual right of preference, even if concerning an immoveable, was nonetheless binding between the contracting parties, meaning the original seller had the right to demand that the property be transferred to them, subject to the obligations under the agreement.