Sale Contract Nullification Based on Stipulated Principal Residence Condition

A contract for the sale of a property, stipulated to be a principal residence for the buyer, was entered into, but the seller subsequently refused to execute the final deed, citing the buyer's prior purchase of another property, which the seller argued violated the condition that the subject property would serve as the buyer's main home. The court of cassation quashed the lower court's decision that upheld the seller's refusal, reasoning that the condition regarding the buyer's principal residence was intended solely to benefit the buyer, and thus the buyer alone had the right to invoke its non-fulfillment to seek nullification of the sale, meaning the seller could not use the buyer's acquisition of another residence as a basis to unilaterally refuse the finalization of the deed.