Specific Performance Denied Against Subsequent Bona Fide Purchaser Without Notice
Synthèse Legislator
Généré par l'IAA party, having agreed to sell property to another, subsequently sold the same property to a third party who was aware of the prior agreement, leading the initial purchaser to sue for nullification of the second sale and specific performance of the first agreement, which the court ultimately rejected because, while the second purchaser had knowledge of the prior agreement, the initial purchaser had not taken the necessary steps, such as registration, to render that prior agreement enforceable against third parties in possession, meaning the subsequent valid sale to the informed third party could not be voided.
Regeste Legislator
Généré par l'IASpecific Performance Denied Against Subsequent Bona Fide Purchaser Without Notice: A party, having agreed to sell property to another, subsequently sold the same property to a third party who was aware of the prior agreement, leading the initial purchaser to sue for nullification of the second sale and specific performance of the first agreement, which the court ultimately rejected because, while the second purchaser had knowledge of the prior agreement, the initial purchaser had not taken the necessary steps, such as registration, to render that prior agreement enforceable against third parties in possession, meaning the subsequent valid sale to the informed third party could not be voided.