Prior Unregistered Sale vs. Subsequent Registered Sale: Good Faith of Second Purchaser
Synthèse Legislator
Généré par l'IAA person, having executed a sale agreement for an immovable property, subsequently entered into a second sale agreement with a different buyer, who completed the registration of their deed prior to the first buyer. The first buyer sued for annulment of the second sale and damages, asserting that the second buyer, having knowledge of the prior agreement, acted in bad faith. The court dismissed the appeal, reasoning that while knowledge of a prior, unregistered sale creates a presumption of bad faith, this presumption is rebuttable; the lower court had correctly found, based on the evidence presented, that the second buyer did not possess the requisite knowledge of the prior sale to render the subsequent transaction voidable against them.
Regeste Legislator
Généré par l'IAPrior Unregistered Sale vs. Subsequent Registered Sale: Good Faith of Second Purchaser: The first buyer sued for annulment of the second sale and damages, asserting that the second buyer, having knowledge of the prior agreement, acted in bad faith. The court dismissed the appeal, reasoning that while knowledge of a prior, unregistered sale creates a presumption of bad faith, this presumption is rebuttable; the lower court had correctly found, based on the evidence presented, that the second buyer did not possess the requisite knowledge of the prior sale to render the subsequent transaction voidable against them.