Option to Purchase Validity Despite Lack of Registration Between Parties
Synthèse Legislator
Généré par l'IAA party, having signed a promise to sell a property with an option to purchase granted to another for a set period, later claimed this agreement was void because it was not properly registered, arguing that the failure to register rendered the underlying promise unenforceable. The court rejected this claim, reasoning that while a promise to sell with an option to purchase must be registered to be enforceable against third parties, the lack of registration does not void the agreement between the contracting parties themselves, as the obligation to register is one of formality toward third parties, not a condition of the contract's existence or validity between the signatories.
Regeste Legislator
Généré par l'IAOption to Purchase Validity Despite Lack of Registration Between Parties: The court rejected this claim, reasoning that while a promise to sell with an option to purchase must be registered to be enforceable against third parties, the lack of registration does not void the agreement between the contracting parties themselves, as the obligation to register is one of formality toward third parties, not a condition of the contract's existence or validity between the signatories.