Contract Validity Despite Unrecorded Sale and Subsequent Registration
Synthèse Legislator
Généré par l'IAA contract for the sale of land, concluded through an instrument requiring registration for opposability to third parties, remained valid between the parties even if the seller subsequently sold the same property to a third party who registered their deed first, as the court held that the initial contract, despite being unrecorded, was binding upon the seller who breached the agreement by disposing of the property to another, thus the initial purchaser was entitled to damages against the seller.
Regeste Legislator
Généré par l'IAContract Validity Despite Unrecorded Sale and Subsequent Registration: A contract for the sale of land, concluded through an instrument requiring registration for opposability to third parties, remained valid between the parties even if the seller subsequently sold the same property to a third party who registered their deed first, as the court held that the initial contract, despite being unrecorded, was binding upon the seller who breached the agreement by disposing of the property to another, thus the initial purchaser was entitled to damages against the seller.