Real Estate

Question 1

What are the rights of a buyer should the real estate is smaller/different than that which is mentioned in the contract? (Art. 1539)

Answer 1

(a) The vendee may demand the delivery of that which is stated in the contract;
(b) Proportional reduction of the price;
(c) Rescission of the contract, PROVIDED that, the lack in area be not less than one-tenth of that stated (or that the inferior value exceeds one-tenth)

Question 2

What if the real estate is greater in area or number in the immovable than that stated in the area? (Art. 1540)

Answer 2

(a) Vendee may accept the area included in the contract and reject the rest;
(b) [Vendee may] accept the whole area, paying for the same at the contract rate.

Question 3

If the same thing should have been sold to different vendees (DOUBLE SALES), who should own the property, if it should be an immovable propert? (Art. 1544)

Answer 3

(a) Ownership shall belong to the person acquiring it in who in good faith first recorded it in the Registry of Property;
(b) Should there be no inscription, the ownership shall pertain to the person who in good faith was first in the possession; and
(c) In the absence thereof, to the person who present the oldest title, provided there is good faith.

Question 4

May the buyer compel the execution of a public document? (Art. 1357)

Answer 4

If the law requires a document or other special form, as in the acts and contracts enumerated in the following articles, the contracting parties may compel each other to observe that form, once the contract has been perfected. This right may be exercised simultaneously with the action upon the contract.

Question 5

What are the requisites for Art. 1544 to apply? (Skunac Corporation v. Sylinateng)

Answer 5

(a) The two or more sales transactions must constitute valid sales;
(b) The two or more sales transactions must pertain to exactly the same subject matter;
(c) The two or more buyers at odds over the rightful ownership of the subject matter must each represent conflicting interest; and
(d) The two or more buyers at odds over the rightful ownership of the subject matter must each have bought from the very same seller.