Promise to Sell Real Estate vs. Subsequent Bona Fide Purchaser
Synthèse Legislator
Généré par l'IAA dispute arose concerning a promise to sell real estate, where the promisee, upon failing to execute the final sale, sought a judgment compelling the sale, but the promisor had subsequently sold the property to a third party. The court dismissed the appeal, reasoning that the unilateral promise to sell, even when registered, does not transfer ownership rights and therefore does not prevent the promisor from disposing of the property to another, provided the third party acted in good faith; consequently, the remedy for the initial promisee is limited to damages against the defaulting promisor and not the nullification of the subsequent sale.
Regeste Legislator
Généré par l'IAPromise to Sell Real Estate vs. Subsequent Bona Fide Purchaser: The court dismissed the appeal, reasoning that the unilateral promise to sell, even when registered, does not transfer ownership rights and therefore does not prevent the promisor from disposing of the property to another, provided the third party acted in good faith; consequently, the remedy for the initial promisee is limited to damages against the defaulting promisor and not the nullification of the subsequent sale.