Unrecorded Promise to Sell vs. Registered Sale
Synthèse Legislator
Généré par l'IAA seller, having contracted to sell property to a buyer, subsequently sold the same property to a second buyer through a promise to sell agreement that was definitively executed, and the initial buyer, who held only an unrecorded promise to sell, sued for damages, arguing the first sale violated their contractual rights. The court rejected the claim, reasoning that the initial promise to sell, not being officially registered or recorded, could not be set up against a subsequent purchaser who completed their transaction and whose title was properly registered, thereby confirming that an unregistered promise to sell does not confer a real right enforceable against a third-party purchaser who has duly perfected their title.
Regeste Legislator
Généré par l'IAUnrecorded Promise to Sell vs. Registered Sale: The court rejected the claim, reasoning that the initial promise to sell, not being officially registered or recorded, could not be set up against a subsequent purchaser who completed their transaction and whose title was properly registered, thereby confirming that an unregistered promise to sell does not confer a real right enforceable against a third-party purchaser who has duly perfected their title.