ASG Law

Tag: Condominium Certificate of Title

  • Understanding the Obligations of Property Sellers: When Must They Deliver the Title to Buyers?

    Key Takeaway: Property Sellers Must Deliver Title Upon Full Payment, Not Withholding for Unpaid Taxes

    Fil-Estate Properties, Inc. v. Hermana Realty, Inc., G.R. No. 231936, November 25, 2020

    Imagine you’ve paid the full price for your dream condo, but the seller refuses to give you the title because you haven’t paid certain taxes yet. This frustrating situation was at the heart of a landmark case in the Philippines, where the Supreme Court clarified the rights and obligations of buyers and sellers in real estate transactions.

    In the case of Fil-Estate Properties, Inc. versus Hermana Realty, Inc., the central issue was whether a property seller could withhold the delivery of the title to a buyer who had fully paid for the property but had not yet settled certain taxes and fees. The Supreme Court’s ruling in this case has significant implications for property transactions across the country.

    Legal Context: Understanding Property Sales and Title Transfers

    Real estate transactions in the Philippines are governed by various laws, including Presidential Decree No. 957 (PD 957), which regulates the sale of subdivision lots and condominiums. Under PD 957, the seller has specific obligations to the buyer, particularly regarding the delivery of the title upon full payment.

    PD 957, Section 25 states: “The owner or developer shall deliver the title of the lot or unit to the buyer upon full payment of the lot or unit. No fee, except those required for the registration of the deed of sale in the Registry of Deeds, shall be collected for the issuance of such title.”

    This provision is crucial because it emphasizes that the buyer’s right to the title is not contingent on the payment of taxes or other fees. Instead, it is the seller’s responsibility to deliver the title once the purchase price is fully paid.

    Another important law is the Property Registration Decree (PD 1529), which outlines the process for transferring titles and the role of the Register of Deeds. Section 41 of PD 1529 requires the owner’s duplicate certificate of title to be delivered to the registered owner, while Section 53 mandates the presentation of the owner’s duplicate certificate when registering a voluntary instrument.

    These laws ensure that property transactions are conducted fairly and transparently, protecting both buyers and sellers from potential disputes.

    Case Breakdown: The Journey of Hermana Realty’s Condo Purchase

    Hermana Realty, Inc. (HRI) entered into a contract to purchase a condominium unit from Fil-Estate Properties, Inc. (FEPI) for P20,998,400.00. After paying the full amount, HRI expected to receive the title to the property. However, FEPI refused to deliver the owner’s duplicate copy of the Condominium Certificate of Title (CCT) until HRI paid the documentary stamp tax (DST) and other local taxes.

    HRI filed a complaint with the Housing and Land Use Regulatory Board (HLURB), which ruled in their favor, ordering FEPI to execute a notarized Deed of Absolute Sale and deliver the CCT. The decision was appealed to the HLURB Board of Commissioners, the Office of the President, and finally to the Court of Appeals, all of which upheld the ruling with some modifications.

    The Supreme Court’s decision emphasized that upon full payment, HRI was entitled to a notarized Deed of Absolute Sale and the owner’s duplicate CCT. The Court rejected FEPI’s argument that HRI’s failure to pay taxes and fees was a condition precedent to the delivery of the title.

    Here are some key quotes from the Court’s reasoning:

    • “Upon full payment of the contract price, HRI became rightfully entitled to the execution of a Deed of Absolute Sale in its favor.”
    • “HRI may demand as a matter of right a notarized Deed of Absolute Sale in its favor.”
    • “Presentation of the owner’s duplicate certificate of title and proof of payment of taxes and fees are conditions sine qua non to the transfer of title before the Register of Deeds.”

    The Court also found that FEPI violated Sections 17 and 25 of PD 957 by failing to register the deed of sale and deliver the CCT to HRI.

    Practical Implications: What This Means for Buyers and Sellers

    This ruling clarifies that property sellers cannot withhold the delivery of the title to buyers who have fully paid for the property, even if certain taxes and fees remain unpaid. This is significant for buyers, as it ensures they can take possession of their property without unnecessary delays.

    For sellers, the decision underscores the importance of fulfilling their obligations under PD 957, which includes delivering the title upon full payment and registering the deed of sale with the Register of Deeds.

    Key Lessons:

    • Buyers should ensure they have a clear understanding of their rights under PD 957 and other relevant laws.
    • Sellers must comply with their legal obligations, including the timely delivery of the title and registration of the deed of sale.
    • Both parties should seek legal advice to navigate the complexities of property transactions and avoid disputes.

    Frequently Asked Questions

    What is a contract to sell?

    A contract to sell is a bilateral agreement where the seller retains ownership of the property until the buyer fulfills certain conditions, usually full payment of the purchase price.

    Can a seller refuse to deliver the title if the buyer hasn’t paid taxes?

    No, according to the Supreme Court’s ruling, the seller must deliver the title upon full payment of the purchase price, regardless of whether the buyer has paid taxes and fees.

    What is the role of the Register of Deeds in property transactions?

    The Register of Deeds is responsible for registering deeds and issuing new titles. They require the presentation of the owner’s duplicate certificate of title and proof of payment of taxes and fees before transferring the title.

    What should buyers do if the seller refuses to deliver the title?

    Buyers should seek legal assistance and consider filing a complaint with the HLURB or other relevant authorities to enforce their rights under PD 957.

    How can sellers ensure compliance with PD 957?

    Sellers should familiarize themselves with the provisions of PD 957, ensure timely delivery of the title upon full payment, and register the deed of sale with the Register of Deeds.

    ASG Law specializes in real estate law. Contact us or email hello@asglawpartners.com to schedule a consultation.

  • Accountability in Public Office: Alteration of Land Titles and Anti-Graft Violations

    The Supreme Court ruled that a Registrar of Deeds can be held liable for violating the Anti-Graft and Corrupt Practices Act for gross negligence in altering Condominium Certificates of Title (CCTs) without proper legal basis. This decision underscores the importance of due diligence and adherence to legal procedures by public officials, especially concerning property registration. It serves as a stern warning against unwarranted benefits given to private parties through negligence, reinforcing the principle that public office demands the highest standards of care and fidelity to the law.

    From Simple Error to Grave Misconduct: When Alterations of Land Titles Lead to Anti-Graft Charges

    This case revolves around a dispute involving ASB Realty Corporation (ASB), Malayan Insurance Company (MICO), and the actions of Policarpio L. Espenesin, the Registrar of Deeds of Pasig City. ASB and MICO entered into a Joint Project Development Agreement (JPDA) to construct a condominium building. Later, MICO sold the land to ASB under a Contract to Sell, with ownership transferring upon full payment. ASB faced financial difficulties and filed for rehabilitation with the Securities and Exchange Commission (SEC). A Memorandum of Agreement (MOA) was eventually executed, allowing MICO to assume responsibility for completing the condominium. The MOA outlined each party’s entitlement to net saleable areas of the building. Espenesin altered Condominium Certificates of Title (CCTs) by changing the registered owner from ASB to MICO without a court order. This alteration prompted Oscar R. Ampil, an unsecured creditor of ASB, to file criminal and administrative complaints against Espenesin and others, alleging falsification of public documents and violations of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act.

    The central legal question is whether Espenesin’s actions constituted a violation of anti-graft laws and grave misconduct in his capacity as a public official. The Office of the Ombudsman initially dismissed the criminal complaint for falsification but did not address the anti-graft charges. Subsequently, the Ombudsman initially found Espenesin liable for simple misconduct but later reversed this decision. The Court of Appeals affirmed the Ombudsman’s absolution of Espenesin from administrative liability. Ampil then filed separate petitions challenging the Ombudsman’s failure to find probable cause for the anti-graft charges and the appellate court’s affirmation of Espenesin’s absolution from administrative liability. The Supreme Court consolidated these petitions to resolve the core legal issues.

    The Supreme Court found that the Ombudsman committed grave abuse of discretion by not fully addressing the charges under Sections 3(a) and (e) of Republic Act No. 3019. The Court emphasized the constitutional duty of the Ombudsman to investigate acts or omissions of public officials that appear illegal, unjust, improper, or inefficient. While the Ombudsman dismissed the falsification charges due to the unresolved issue of ownership, it failed to address whether Espenesin’s actions violated anti-graft laws. The Court highlighted that it could interfere with the Ombudsman’s discretion when the acts of the officer are without or in excess of authority.

    The Court then analyzed the elements of Sections 3(a) and (e) of Republic Act No. 3019, emphasizing the duties of a Registrar of Deeds. Section 3(a) involves persuading, inducing, or influencing another public officer to violate rules or commit an offense, or allowing oneself to be persuaded to commit such an act. Section 3(e) concerns causing undue injury to any party or giving unwarranted benefits, advantage, or preference through manifest partiality, evident bad faith, or gross inexcusable negligence. In this context, Espenesin, as Registrar of Deeds, had the responsibility to ensure compliance with legal requirements for property registration, as outlined in Presidential Decree No. 1529. Espenesin’s duties included reviewing documents, ensuring proper endorsements, and adhering to established procedures for altering certificates of title. Of particular importance are Sections 57 and 108 of Presidential Decree No. 1529, which outline the proper procedures for registering conveyances and amending certificates.

    Section 108. Amendment and alteration of certificates. No erasure, alteration, or amendment shall be made upon the registration book after the entry of a certificate of title or of a memorandum thereon and the attestation of the same be Register of Deeds, except by order of the proper Court of First Instance.

    The Court found a prima facie graft case against Espenesin and Serrano. Espenesin, influenced by Serrano, altered the CCTs against legal procedures. Additionally, Espenesin’s gross negligence in relying solely on Serrano’s representations gave MICO an unwarranted benefit in the registration of the properties. The Court cited the case of Sison v. People of the Philippines, which expounded on Section 3(e) of Republic Act No. 3019, emphasizing that either causing undue injury or giving unwarranted benefit is sufficient for conviction. The Court clarified that “unwarranted” means lacking adequate or official support; “advantage” means a more favorable condition; and “preference” signifies priority or higher evaluation.

    In order to be found guilty under the second mode, it suffices that the accused has given unjustified favor or benefit to another, in the exercise of his official, administrative or judicial functions.

    The Court underscored that the Ombudsman’s role is to determine probable cause, which requires reasonable grounds to believe that an offense has been committed. Probable cause is not the same as absolute certainty and does not require an inquiry into whether there is sufficient evidence to procure a conviction. Rather, it merely binds the suspect over to stand trial. The admission by Espenesin that he altered the CCTs based on Serrano’s request highlighted a disregard for established legal practices.

    The Court scrutinized Espenesin’s explanation, pointing out that he relied solely on Serrano’s word without requiring any supporting documentation. Despite having previously referred to the MOA for the initial issuance of titles, Espenesin failed to seek further documentation to support Serrano’s request for alterations. The Court noted that Espenesin’s actions deviated from standard practices for registering real property, which require specific documents for corporations and condominium projects. Furthermore, the MOA allocated the units in question to ASB, which Espenesin disregarded when altering the CCTs. This action allowed MICO to gain an unwarranted advantage in the titling of the 38 units, violating the principles of Section 3(e) of Republic Act No. 3019.

    In determining the administrative liability of Espenesin, the Court addressed the “three-fold liability rule,” stating that a public officer’s wrongful acts may lead to civil, criminal, and administrative liability, each proceeding independently. The Court found the Court of Appeals erred by affirming the Ombudsman’s absolution of Espenesin from administrative liability. The actions of Espenesin constituted Grave Misconduct. Grave Misconduct requires corruption, a clear intent to violate the law, or flagrant disregard of established rules. In this case, corruption was evident, as Espenesin unlawfully used his position to benefit MICO, and there was a manifest disregard for established rules on land registration. Espenesin’s actions were not just a simple error but a deliberate violation of established procedures.

    The Court emphasized that Section 108 of Presidential Decree No. 1529 requires a court order before any alteration to a certificate of title. Espenesin attempted to diminish the significance of his signature on the CCTs by claiming that the alterations occurred before the final release of the titles. The Supreme Court strongly rejected this argument, asserting that the entry of the title in the Registration Book controls the discretion of the Register of Deeds, not the actual delivery of the titles. Furthermore, Espenesin’s actions indicated a deliberate violation of rules, and disregard of well-known legal rules, which constitutes grave misconduct.

    FAQs

    What was the key issue in this case? The key issue was whether the Registrar of Deeds violated anti-graft laws and committed grave misconduct by altering Condominium Certificates of Title (CCTs) without a court order.
    What is Section 3(e) of Republic Act No. 3019? Section 3(e) of Republic Act No. 3019 prohibits public officers from causing undue injury to any party or giving unwarranted benefits, advantage, or preference through manifest partiality, evident bad faith, or gross inexcusable negligence.
    What constitutes gross inexcusable negligence in this context? Gross inexcusable negligence is defined as negligence characterized by the want of even slight care, acting or omitting to act in a situation where there is a duty to act, not inadvertently but wilfully and intentionally with a conscious indifference to consequences.
    What is the role of a Registrar of Deeds? A Registrar of Deeds is responsible for reviewing deeds and documents for compliance with legal requirements for registration, maintaining records of registered lands, and ensuring proper procedures are followed in all property transactions.
    What does Section 108 of Presidential Decree No. 1529 state? Section 108 of Presidential Decree No. 1529 states that no alteration or amendment shall be made upon the registration book after the entry of a certificate of title, except by order of the proper Court of First Instance.
    What is the three-fold liability rule for public officers? The three-fold liability rule states that the wrongful acts or omissions of a public officer may give rise to civil, criminal, and administrative liability, each proceeding independently.
    What is the penalty for Grave Misconduct? The penalty for Grave Misconduct is dismissal from service with accessory penalties including forfeiture of retirement benefits, cancellation of eligibility, and perpetual disqualification from re-employment in the government service.
    Why were Yuchengco and Cheng not held liable in this case? Yuchengco and Cheng, as officers of MICO, were not held liable because there was a lack of evidence directly linking them to the act of altering the CCTs, beyond general assertions of benefit from the alteration.

    The Supreme Court’s decision underscores the critical importance of accountability and diligence in public office, particularly in roles involving property registration. By setting aside the Ombudsman’s resolution and finding Espenesin guilty of Grave Misconduct, the Court has reinforced the principle that public officials must adhere strictly to legal procedures and ethical standards. This ruling serves as a crucial precedent, emphasizing that even seemingly minor procedural lapses can lead to significant legal and administrative consequences, ensuring the integrity of public service and protecting the rights of all parties involved in property transactions.

    For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

    Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
    Source: Oscar R. Ampil vs. The Hon. Office of the Ombudsman, G.R. No. 192685, July 31, 2013

  • Conditional Contracts to Sell: Why CCTs are Crucial in Philippine Condominium Purchases

    The Perils of Conditional Contracts: Why a Condominium Certificate of Title (CCT) is Non-Negotiable

    TLDR; This case underscores the critical importance of Condominium Certificates of Title (CCTs) in Philippine property transactions. A contract to sell a condominium unit, explicitly conditioned on the seller obtaining the CCT, does not become effective if the CCT is not secured. Buyers beware: without a fulfilled condition, your dream condo purchase may remain just that – a dream, with no legal recourse for specific performance.

    G.R. No. 137823, December 15, 2000: REYNALDO MORTEL, PETITIONER, VS. KASSCO, INC. AND OSCAR SANTOS, RESPONDENTS.

    INTRODUCTION

    Imagine investing your hard-earned savings into a promising condominium unit, only to find out years later that the sale never actually materialized in the eyes of the law. This harsh reality faced Reynaldo Mortel in his dealings with KASSCO, Inc., highlighting a crucial lesson in Philippine property law: conditional contracts to sell require strict adherence to the agreed-upon conditions, especially when Condominium Certificates of Title (CCTs) are involved. This case serves as a stark reminder that a contract to sell is not a guaranteed sale, particularly when critical prerequisites like CCT issuance remain unmet.

    In this case, Mortel sought to compel KASSCO, Inc. to finalize the sale of a condominium unit based on an “Agreement.” However, the agreement was contingent on KASSCO obtaining individual CCTs, a condition they failed to fulfill due to an existing mortgage on the property. The Supreme Court ultimately sided with KASSCO, reinforcing the principle that unfulfilled suspensive conditions prevent a contract to sell from becoming effective, leaving the prospective buyer without grounds for demanding specific performance.

    LEGAL CONTEXT: Contracts to Sell and Suspensive Conditions in Philippine Law

    Philippine law recognizes different types of contracts in property transactions, and understanding these distinctions is crucial. A Contract of Sale immediately transfers ownership to the buyer upon agreement and payment of the price. Conversely, a Contract to Sell, as in Mortel’s case, is an agreement where the seller promises to sell the property to the buyer if and when certain conditions are met, typically full payment of the purchase price. Ownership remains with the seller until the conditions are fulfilled. This distinction is legally significant, particularly concerning the buyer’s rights and remedies.

    Central to this case is the concept of a suspensive condition. Article 1181 of the Philippine Civil Code states:

    “In conditional obligations, the acquisition of rights, as well as the extinguishment or loss of those already acquired, shall depend upon the happening of the event which constitutes the condition.”

    A suspensive condition is a future and uncertain event upon which the birth or effectivity of an obligation is dependent. If the suspensive condition is not fulfilled, the contract does not come into effect as if it never existed. In property sales, securing a Condominium Certificate of Title (CCT) is often a suspensive condition, especially when dealing with pre-selling or conversion projects. The Condominium Act (Republic Act No. 4726) and Presidential Decree No. 957 (Subdivision and Condominium Buyer’s Protective Decree) govern condominium sales and highlight the importance of proper registration and licensing for developers.

    In previous cases, the Supreme Court has consistently upheld the principle of suspensive conditions. For instance, in Adelfa Properties, Inc. vs. Court of Appeals (240 SCRA 565, 576-577 (1995)), the Court reiterated that in a contract to sell, ownership is retained by the vendor and does not pass until full payment. Similarly, Cheng vs. Genato (300 SCRA 722, 735-736 (1998)) emphasized that if a suspensive condition is not met, the parties are placed in a position as if the conditional obligation never existed.

    CASE BREAKDOWN: Mortel vs. Kassco, Inc. – A Timeline of Unmet Conditions

    The dispute between Reynaldo Mortel and KASSCO, Inc. unfolded over several years, marked by agreements, unmet deadlines, and ultimately, legal action.

    1. 1985: First Agreement. Mortel and KASSCO, Inc., represented by Oscar Santos, entered into an “Agreement” for the sale of a second-floor unit in the Kassco Building. The agreement stipulated that KASSCO would secure individual Condominium Certificates of Title (CCTs) within one year. Crucially, the agreement included a lease contract for one year while KASSCO processed the CCTs.
    2. Mortgage Encumbrance. Unbeknownst to Mortel initially, the Kassco Building was mortgaged to the Philippine National Bank (PNB). KASSCO’s attempts to secure partial release of the mortgage to facilitate CCT issuance were unsuccessful.
    3. 1986: Second Agreement. With the first agreement’s one-year period expiring and no CCT secured, Mortel and KASSCO entered into a second agreement with similar terms, only adjusting the price and rental fees. This second agreement also lapsed without CCT issuance.
    4. 1988: Demand to Vacate and Legal Battles. KASSCO, Inc. demanded Mortel vacate the premises and increased rental fees. Mortel responded by demanding the CCT and execution of a Deed of Absolute Sale. KASSCO then filed an unlawful detainer case against Mortel. Mortel, in turn, filed a case for specific performance or rescission with damages against KASSCO.
    5. Foreclosure. During the legal proceedings, the Kassco Building was foreclosed by PNB due to KASSCO’s unpaid loan.
    6. Lower Court Decisions. The Regional Trial Court dismissed Mortel’s complaint, a decision affirmed by the Court of Appeals. Both courts emphasized the conditional nature of the contract to sell and the non-fulfillment of the CCT condition.
    7. Supreme Court Petition. Mortel elevated the case to the Supreme Court, arguing that the agreements were contracts to sell condominium units governed by PD 957 and RA 6581, entitling him to refunds and damages. He also alleged misrepresentation by KASSCO regarding the mortgage and license to sell.

    The Supreme Court, in its decision penned by Justice Kapunan, upheld the lower courts’ rulings. The Court emphasized the clear language of the agreements, stating, “Clearly discernible from the subject Agreements is the existence of two contracts – the first is the principal contract to sell…and second is a contract of lease…pending delivery of title by KASSCO….” The Court further reasoned, “In the present petition, the effectivity of the contract to sell is conditioned upon the obtainment and delivery of the condominium certificate of title to petitioner by private respondent…The non-fulfillment of this condition is thus evident…the contract to sell did not take into effect.”

    The Supreme Court also dismissed Mortel’s claims of bad faith and misrepresentation, noting Mortel’s awareness of the mortgage and the explicit condition in the agreement regarding CCT acquisition. The Court underscored that parties are bound by the terms of contracts they willingly enter into, even if those contracts turn out to be unfavorable in hindsight.

    PRACTICAL IMPLICATIONS: Protecting Yourself in Condominium Purchases

    Mortel vs. Kassco, Inc. serves as a critical cautionary tale for anyone venturing into condominium purchases in the Philippines, particularly in pre-selling or conversion scenarios. The ruling highlights several key practical implications:

    • Due Diligence is Paramount. Buyers must conduct thorough due diligence before signing any contract. This includes verifying the seller’s ownership, checking for existing mortgages or encumbrances, and confirming the status of condominium conversion and licensing. Checking with the Registry of Deeds and the Housing and Land Use Regulatory Board (HLURB) is essential.
    • Understand Contractual Conditions. Pay close attention to the terms of the contract, especially any suspensive conditions. If the contract to sell is conditional on the seller obtaining a CCT or other permits, understand the implications if these conditions are not met. Do not assume the sale is guaranteed.
    • CCT as a Non-Negotiable Condition. For condominium purchases, the issuance and delivery of a Condominium Certificate of Title (CCT) should be a non-negotiable condition in the contract to sell. Without a CCT, your ownership rights are not fully secured and recognized.
    • Lease Agreements in Contracts to Sell. Be wary of lease agreements embedded within contracts to sell, especially for extended periods. While they may provide temporary occupancy, they do not substitute for ownership and can complicate matters if the sale falls through.
    • Seek Legal Counsel. Engage a lawyer specializing in real estate law to review contracts and guide you through the complexities of property transactions. Legal advice can help you understand your rights, identify potential risks, and ensure your interests are protected.

    Key Lessons from Mortel vs. Kassco, Inc.

    • Conditional Contracts are Not Guaranteed Sales: A contract to sell with a suspensive condition only becomes effective upon fulfillment of that condition.
    • CCT is Crucial for Condominium Ownership: Always prioritize securing a Condominium Certificate of Title to solidify your rights as a condominium owner.
    • Due Diligence Protects Buyers: Thoroughly investigate the property and the seller before committing to a purchase.
    • Read and Understand Contracts: Carefully review all contract terms, especially conditions, and seek legal clarification when needed.

    FREQUENTLY ASKED QUESTIONS (FAQs) about Conditional Contracts and CCTs

    Q1: What is the difference between a Contract of Sale and a Contract to Sell?

    A: In a Contract of Sale, ownership transfers to the buyer immediately upon signing and payment. In a Contract to Sell, ownership remains with the seller until the buyer fully pays the purchase price and fulfills other conditions, such as CCT issuance.

    Q2: What is a Condominium Certificate of Title (CCT)? Why is it important?

    A: A CCT is a title document proving ownership of a specific condominium unit. It’s crucial because it legally recognizes your ownership rights and is required for any future property transactions involving the unit.

    Q3: What happens if a suspensive condition in a Contract to Sell is not fulfilled?

    A: If a suspensive condition, like obtaining a CCT, is not met, the Contract to Sell does not become effective. Neither party is legally bound to proceed with the sale, and the buyer cannot typically demand specific performance.

    Q4: Can I get my money back if a Contract to Sell fails due to an unfulfilled condition?

    A: It depends on the terms of the contract. Many Contracts to Sell stipulate forfeiture of payments if the buyer fails to pay. However, if the failure is due to the seller’s inability to fulfill a condition (like CCT issuance), the buyer may have grounds to demand a refund, although this might require legal action.

    Q5: What should I do if I am buying a pre-selling condominium unit?

    A: Exercise extra caution. Verify the developer’s licenses and permits, check for mortgages, and ensure the Contract to Sell clearly states CCT issuance as a suspensive condition. Seek legal advice before signing any agreements.

    Q6: Is a lease agreement within a Contract to Sell common? Should I agree to it?

    A: Yes, it can be common, especially in pre-selling. While it allows early occupancy, be aware that it’s a separate contract and doesn’t guarantee the sale will be finalized. Carefully consider the lease terms and your rights if the sale doesn’t proceed.

    Q7: What is “specific performance” in the context of property law?

    A: Specific performance is a legal remedy where a court orders a party to fulfill their contractual obligations, such as completing a property sale. However, it’s generally not granted in Contracts to Sell if suspensive conditions are unmet.

    ASG Law specializes in Real Estate Law and Property Transactions. Contact us or email hello@asglawpartners.com to schedule a consultation.