Seller's Right to Rescission and Repossession Under Installment Land Contract
Synthèse Legislator
Généré par l'IAA contract for the sale of real property stipulated a fixed purchase price payable in installments, with the seller retaining ownership until full payment; when the buyer defaulted on payments, the seller sought rescission of the sale and repossession of the property, arguing that the buyer's failure to pay constituted a breach of the suspensive condition under the sale agreement. The court held that, because the contract explicitly stipulated that ownership would not transfer until the final payment was made, the seller retained ownership and was entitled to seek rescission of the sale and repossession upon the buyer's non-performance, despite the buyer having made partial payments.
Regeste Legislator
Généré par l'IASeller's Right to Rescission and Repossession Under Installment Land Contract: The court held that, because the contract explicitly stipulated that ownership would not transfer until the final payment was made, the seller retained ownership and was entitled to seek rescission of the sale and repossession upon the buyer's non-performance, despite the buyer having made partial payments.