Prior Registered Promise to Sell vs. Subsequent Unregistered Sale of Real Estate
Synthèse Legislator
Généré par l'IAA vendor, having signed a promise to sell real estate, subsequently signed a promise to sell the same property to a second purchaser; the first purchaser, who had timely registered their agreement, sought annulment of the second sale, but the court of appeals dismissed the claim, reasoning that the prior registration of the unilateral promise to sell did not preclude the owner from validly selling the property to a third party, as the mere promise to sell, even if registered, does not transfer ownership rights, and the court of cassation upheld this decision, confirming that an unregistered subsequent sale prevails over a prior registered unilateral promise to sell because the promise does not create a right in rem against third parties.
Regeste Legislator
Généré par l'IAPrior Registered Promise to Sell vs. Subsequent Unregistered Sale of Real Estate: A vendor, having signed a promise to sell real estate, subsequently signed a promise to sell the same property to a second purchaser; the first purchaser, who had timely registered their agreement, sought annulment of the second sale, but the court of appeals dismissed the claim, reasoning that the prior registration of the unilateral promise to sell did not preclude the owner from validly selling the property to a third party, as the mere promise to sell, even if registered, does not transfer ownership rights, and the court of cassation upheld this decision, confirming that an unregistered subsequent sale prevails over a prior registered unilateral promise to sell because the promise does not create a right in rem against third parties.