Verbal Land Sale Validity

Summary

In the Philippines, real property sales require a written contract to be legally binding, making verbal agreements unenforceable. If a verbal sale occurs, it is not valid under the Statute of Frauds. Even if delivery is argued to transfer ownership, the initial agreement must comply with legal formalities. Without a written contract, the agreement lacks legal enforceability. If the sale is invalid, the buyer may request a refund of the money paid, as parties are entitled to restitution in cases of invalid contracts.

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What if they say: Yes, the sale executed verbally between X and Y is valid and binding. The seller need not own the property at the time of perfection, it is sufficient that he be the owner at the time of the delivery. There was no mention of delivery on the first year, it is assumed that there was delivery when X acquires ownership of the land when A and B sold the whole parcel of land to him a year after, thus, by operation of law ownership was passed to buyer Y. What's the counterargument
In the Philippines, the sale of real property must be in writing to be valid and enforceable. Here's a counterargument to the claim that the sale is valid and binding:
- Statute of Frauds: The sale of real property falls under the Statute of Frauds, which requires such agreements to be in writing.
- Ownership at Time of Sale: While delivery can transfer ownership, the initial agreement must still comply with legal formalities, including being in writing.
- No Written Contract: Without a written agreement, the verbal agreement lacks legal enforceability.
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Can u make it into paragraph form?
Sure! In this scenario, a verbal sale of half a parcel of land by X to Y for P1,*.* was executed. However, the sale of real property in the Philippines must be documented in a written contract to be legally binding. Therefore, the verbal sale is not valid. The key points include the requirement for written contracts for real property sales and the general unenforceability of verbal agreements for such transactions. If someone argues that the sale is valid because delivery can transfer ownership, it's important to note that the initial agreement must still adhere to legal formalities, including being in writing, as stipulated by the Statute of Frauds. Without a written contract, the agreement lacks legal enforceability.
What about the money paid?
Case Rating: *
In this situation, if the sale is considered invalid due to the lack of a written contract, the buyer (Y) may have grounds to request a refund of the money paid (P1,*.*). Generally, in cases of invalid contracts, parties are entitled to restitution to restore them to their original positions.
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