Specific Performance of Preliminary Contract Despite Lack of Administrative Authorization
Synthèse Legislator
Généré par l'IAAn individual, having contracted to purchase property, sought to enforce the contract by demanding the completion of the sale, but the seller refused, alleging that the prior contract was void due to the purchaser's failure to obtain the necessary administrative authorization for the transaction, a condition precedent for the final sale. The court, however, ruled against the seller, reasoning that while the administrative authorization was required for the *definitive* sale, its absence did not invalidate the *preliminary* contract of sale, and the seller could not use their own failure to cooperate in obtaining the authorization, which was necessary to clear the way for the final deed, as a ground to escape the initial commitment, thus upholding the lower court's decision to compel the sale.
Regeste Legislator
Généré par l'IASpecific Performance of Preliminary Contract Despite Lack of Administrative Authorization: The court, however, ruled against the seller, reasoning that while the administrative authorization was required for the *definitive* sale, its absence did not invalidate the *preliminary* contract of sale, and the seller could not use their own failure to cooperate in obtaining the authorization, which was necessary to clear the way for the final deed, as a ground to escape the initial commitment, thus upholding the lower court's decision to compel the sale.