Unrecorded Sale Agreement vs. Bona Fide Registered Purchaser
Synthèse Legislator
Généré par l'IAA dispute arose when an individual, having acquired immovable property through a sale agreement, subsequently sought to enforce that agreement against the owner of the land, who had in the interim sold the property to a third party. The court rejected the claim for enforcement, reasoning that the prior unrecorded sale agreement could not prevail against the rights of the third-party purchaser who had acted in good faith and completed their acquisition through the requisite public registration, as the lack of registration rendered the initial agreement ineffective against subsequent, properly publicized third-party rights.
Regeste Legislator
Généré par l'IAUnrecorded Sale Agreement vs. Bona Fide Registered Purchaser: The court rejected the claim for enforcement, reasoning that the prior unrecorded sale agreement could not prevail against the rights of the third-party purchaser who had acted in good faith and completed their acquisition through the requisite public registration, as the lack of registration rendered the initial agreement ineffective against subsequent, properly publicized third-party rights.