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Conditional Sale And Remedies
Summary
In a conditional sale, ownership transfers upon condition fulfillment, negating the need for a Deed of Absolute Sale. For contract violations, cancellation is a remedy under a Contract to Sell, differing from rescission under Article 1191 of the Civil Code of the Philippines. In dacion en pago, property acceptance extinguishes the loan, and prices can reference other items. Caveat emptor means buyer beware, and ownership transfer in a contract to sell requires full payment. Rescission applies if real estate lacks 10% of its declared area, and the repurchase period is typically 10 years. Loss in a sale is borne by the owner until delivery, and earnest money can be non-monetary. Hidden defect warranties last 15 years, and contracts by insane persons are voidable.Full Conversation
Statement A: In dacion en pago, the creditor’s acceptance of property being offered as an equivalent payment for the loan should extinguish the contract of loan in full.
Statement B: The price of the thing being sold can be in reference to another thing.
Statement A: In dacion en pago, the creditor’s acceptance of property being offered as an equivalent payment for the loan should extinguish the contract of loan in full.
Statement B: The price of the thing being sold can be in reference to another thing.
Only Statement "A" is true.
Only Statement "B" is true.
Neither is true.
Both statements are true.
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For your queries:
Statement A: True. In "dacion en pago," when the creditor accepts the property offered as payment, it extinguishes the loan obligation.
Statement B: True. The price of an item can indeed be referenced to another item.
So, both statements are true.
Do you need clarification or have another legal question?
Statement A: True. In "dacion en pago," when the creditor accepts the property offered as payment, it extinguishes the loan obligation.
Statement B: True. The price of an item can indeed be referenced to another item.
So, both statements are true.
Do you need clarification or have another legal question?
Statement A: Caveat emptor literally means “buyer beware”.
Statement B: In a contract to sell, ownership is transferred from the seller to the buyer.
Statement A: Caveat emptor literally means “buyer beware”.
Statement B: In a contract to sell, ownership is transferred from the seller to the buyer.
Both statements are false.
Neither is false.
Only Statement "A" is false
Only Statement "B" is false.
Legal Clarification:
Statement A: "Caveat emptor" literally means "buyer beware."
- This statement is true. "Caveat emptor" is a Latin term used in legal contexts to mean "let the buyer beware."
Statement B: In a contract to sell, ownership is transferred from the seller to the buyer.
- This statement is false. In a contract to sell, ownership is not transferred until the full payment or other conditions are met. It is different from a "Deed of Sale" where ownership is immediately transferred upon execution.
Given these points:
- Only Statement "B" is false.
Do you have any other legal questions or need further clarification?
Statement A: "Caveat emptor" literally means "buyer beware."
- This statement is true. "Caveat emptor" is a Latin term used in legal contexts to mean "let the buyer beware."
Statement B: In a contract to sell, ownership is transferred from the seller to the buyer.
- This statement is false. In a contract to sell, ownership is not transferred until the full payment or other conditions are met. It is different from a "Deed of Sale" where ownership is immediately transferred upon execution.
Given these points:
- Only Statement "B" is false.
Do you have any other legal questions or need further clarification?
Statement A: Rescission of the contract of sale involving a real estate is the proper remedy if the actual measurement of the said property lacks *% of its declared area.
Statement B: The period to avail of the right to repurchase is within four (*) years from the date of the contract in the absence of stipulation.
Statement A: Rescission of the contract of sale involving a real estate is the proper remedy if the actual measurement of the said property lacks *% of its declared area.
Statement B: The period to avail of the right to repurchase is within four (*) years from the date of the contract in the absence of stipulation.
Both statements are false.
Only Statement "B" is false.
Only Statement "A" is false
Neither is false.
Let's clarify:
- Statement A: True. Under Article * of the Civil Code of the Philippines, the buyer may rescind the sale if the lack in area is at least *% of the declared area.
- Statement B: False. The period to avail of the right to repurchase is typically 10 years unless otherwise stipulated.
Do you have any other legal questions?
- Statement A: True. Under Article * of the Civil Code of the Philippines, the buyer may rescind the sale if the lack in area is at least *% of the declared area.
- Statement B: False. The period to avail of the right to repurchase is typically 10 years unless otherwise stipulated.
Do you have any other legal questions?
Statement A: In case of the loss of a thing in a contract of sale, the owner bears the loss.
Statement B: An earnest money may not be monetary.
Statement A: In case of the loss of a thing in a contract of sale, the owner bears the loss.
Statement B: An earnest money may not be monetary.
Only Statement "A" is true.
Neither is true.
Only Statement "B" is true.
Both statements are true.
Legal Clarification:
- Statement A: True. In a contract of sale, the loss of the thing sold is typically borne by the owner until delivery, according to Article * of the Civil Code of the Philippines.
- Statement B: True. Earnest money can be non-monetary, serving as proof of the buyer’s intention to purchase.
So, both statements are true.
Do you have any other legal questions or need further clarification on another topic?
- Statement A: True. In a contract of sale, the loss of the thing sold is typically borne by the owner until delivery, according to Article * of the Civil Code of the Philippines.
- Statement B: True. Earnest money can be non-monetary, serving as proof of the buyer’s intention to purchase.
So, both statements are true.
Do you have any other legal questions or need further clarification on another topic?
Statement A: The warranty against hidden defect of a building is good for fifteen (*) years.
Statement B: If the object of the contract of sale which is in the custody of the seller is completely lost, the contract of sale becomes void due to the absence of an object.
Statement A: The warranty against hidden defect of a building is good for fifteen (*) years.
Statement B: If the object of the contract of sale which is in the custody of the seller is completely lost, the contract of sale becomes void due to the absence of an object.
Only Statement "A" is true.
Both statements are true.
Only Statement "B" is true.
Neither is true.
Legal Clarification:
- Statement A: True. Under Article * of the Civil Code of the Philippines, the warranty against hidden defects of a building is good for fifteen (*) years.
- Statement B: True. If the object of the contract of sale, which is in the custody of the seller, is completely lost, the contract becomes void due to the absence of an object.
So, both statements are true.
Do you have any other legal questions or need further clarification?
- Statement A: True. Under Article * of the Civil Code of the Philippines, the warranty against hidden defects of a building is good for fifteen (*) years.
- Statement B: True. If the object of the contract of sale, which is in the custody of the seller, is completely lost, the contract becomes void due to the absence of an object.
So, both statements are true.
Do you have any other legal questions or need further clarification?
Statement A: A vendor must be the owner of the object he is selling.
Statement B: A contract of sale is commutative which means that both parties exchange almost equivalent values.
Statement A: A vendor must be the owner of the object he is selling.
Statement B: A contract of sale is commutative which means that both parties exchange almost equivalent values.
Only Statement "A" is false
Both statements are false.
Neither is false.
Only Statement "B" is false.
Let's clarify:
- Statement A: True. A vendor must be the owner of the object he is selling.
- Statement B: True. A contract of sale is commutative, meaning both parties exchange almost equivalent values.
So, the correct answer is "Neither is false."
Do you have any other legal questions or need further clarification?
- Statement A: True. A vendor must be the owner of the object he is selling.
- Statement B: True. A contract of sale is commutative, meaning both parties exchange almost equivalent values.
So, the correct answer is "Neither is false."
Do you have any other legal questions or need further clarification?
Statement A: Warranty against eviction applies to all lands, even unregistered ones.
Statement B: When a car key is handed over to the buyer, such shall be considered as an actual delivery.
Statement A: Warranty against eviction applies to all lands, even unregistered ones.
Statement B: When a car key is handed over to the buyer, such shall be considered as an actual delivery.
Only Statement "B" is true.
Both statements are true.
Neither is true.
Only Statement "A" is true.
Legal Clarification:
- Statement A: True. Warranty against eviction applies to all lands, whether registered or unregistered.
- Statement B: True. Handing over the car key is considered actual delivery.
So, the correct answer is "Both statements are true."
Do you have any other legal questions or need further clarification?
- Statement A: True. Warranty against eviction applies to all lands, whether registered or unregistered.
- Statement B: True. Handing over the car key is considered actual delivery.
So, the correct answer is "Both statements are true."
Do you have any other legal questions or need further clarification?
Statement A: The owner of the mortgaged property is prohibited from selling the said property.
Statement B: If the sale fails to materialize, the earnest money must be forfeited in favor of the seller.
Statement A: The owner of the mortgaged property is prohibited from selling the said property.
Statement B: If the sale fails to materialize, the earnest money must be forfeited in favor of the seller.
Both statements are false.
Only Statement "A" is false
Only Statement "B" is false.
Neither is false.
Let's break this down:
- Statement A: False. The owner of a mortgaged property is not necessarily prohibited from selling it. However, the sale would typically be subject to the mortgage.
- Statement B: True. If the sale fails to materialize, the earnest money is usually forfeited in favor of the seller as a form of liquidated damages.
So, the correct answer is "Only Statement A is false."
Do you have any other legal questions or need further clarification on a different topic?
- Statement A: False. The owner of a mortgaged property is not necessarily prohibited from selling it. However, the sale would typically be subject to the mortgage.
- Statement B: True. If the sale fails to materialize, the earnest money is usually forfeited in favor of the seller as a form of liquidated damages.
So, the correct answer is "Only Statement A is false."
Do you have any other legal questions or need further clarification on a different topic?
Statement A: The warranty against hidden defect of a building which collapsed due to earthquake may be claimed against the real estate agent who sold the property.
Statement B: Pacto de retro sale is frowned upon by the Supreme Court.
Statement A: The warranty against hidden defect of a building which collapsed due to earthquake may be claimed against the real estate agent who sold the property.
Statement B: Pacto de retro sale is frowned upon by the Supreme Court.
Neither is false.
Both statements are false.
Only Statement "A" is false
Only Statement "B" is false.
To clarify:
- Statement A: False. The warranty against hidden defects typically applies to the contractor or builder, not the real estate agent.
- Statement B: True. The Supreme Court discourages pacto de retro sales due to their potential for abuse.
So, the correct answer is "Only Statement A is false."
Do you have any other legal questions or need further clarification?
- Statement A: False. The warranty against hidden defects typically applies to the contractor or builder, not the real estate agent.
- Statement B: True. The Supreme Court discourages pacto de retro sales due to their potential for abuse.
So, the correct answer is "Only Statement A is false."
Do you have any other legal questions or need further clarification?
Statement A: The sale of a co-owner of his share to an officemate is subject to conventional redemption.
Statement B: There can still be a valid sale even when it is against the will of the seller.
Statement A: The sale of a co-owner of his share to an officemate is subject to conventional redemption.
Statement B: There can still be a valid sale even when it is against the will of the seller.
Only Statement "A" is false
Only Statement "B" is false.
Neither is false.
Both statements are false.
Let's break this down:
- Statement A: False. The sale of a co-owner's share to an officemate is subject to the right of redemption by the other co-owners (Article * of the Civil Code of the Philippines), not conventional redemption.
- Statement B: False. A sale against the will of the seller is generally invalid as it lacks the essential element of consent.
So, the correct answer is "Both statements are false."
Do you have any other legal questions or need further clarification?
- Statement A: False. The sale of a co-owner's share to an officemate is subject to the right of redemption by the other co-owners (Article * of the Civil Code of the Philippines), not conventional redemption.
- Statement B: False. A sale against the will of the seller is generally invalid as it lacks the essential element of consent.
So, the correct answer is "Both statements are false."
Do you have any other legal questions or need further clarification?
Statement A: An equitable mortgage is an invalid mortgage due to lack of certain formalities.
Statement B: A notarized special power of attorney is needed if a landowner asks a real estate agent to sell his/her property.
Statement A: An equitable mortgage is an invalid mortgage due to lack of certain formalities.
Statement B: A notarized special power of attorney is needed if a landowner asks a real estate agent to sell his/her property.
Only Statement "A" is true.
Both statements are true.
Neither is true.
Only Statement "B" is true.
Let's clarify:
- Statement A: False. An equitable mortgage is not invalid due to lack of formalities. It is recognized based on the intent of the parties and the circumstances.
- Statement B: True. A notarized special power of attorney is required for a real estate agent to sell property on behalf of a landowner.
So, the correct answer is: Only Statement "B" is true.
Do you have any other legal questions or need further clarification?
- Statement A: False. An equitable mortgage is not invalid due to lack of formalities. It is recognized based on the intent of the parties and the circumstances.
- Statement B: True. A notarized special power of attorney is required for a real estate agent to sell property on behalf of a landowner.
So, the correct answer is: Only Statement "B" is true.
Do you have any other legal questions or need further clarification?
Statement A: The buyer of a movable property under Recto Law is entitled to the cash surrender value of the thing bought.
Statement B: Double sale exists if the same property is sold by the same seller to two different buyers where one is absolute sale and the other one is a pacto de retro sale where no redemption has been made at all.
Statement A: The buyer of a movable property under Recto Law is entitled to the cash surrender value of the thing bought.
Statement B: Double sale exists if the same property is sold by the same seller to two different buyers where one is absolute sale and the other one is a pacto de retro sale where no redemption has been made at all.
Neither is false.
Only Statement "A" is false
Both statements are false.
Only Statement "B" is false.
For your query:
- Statement A: False. Under Recto Law, the buyer of a movable property is not entitled to the cash surrender value; instead, the buyer has the option to return the item and pay the balance or continue with installments.
- Statement B: False. Double sale generally involves two absolute sales, not one being a pacto de retro sale.
So, the correct answer is: Both statements are false.
Do you have any other legal questions or need further clarification?
- Statement A: False. Under Recto Law, the buyer of a movable property is not entitled to the cash surrender value; instead, the buyer has the option to return the item and pay the balance or continue with installments.
- Statement B: False. Double sale generally involves two absolute sales, not one being a pacto de retro sale.
So, the correct answer is: Both statements are false.
Do you have any other legal questions or need further clarification?
Statement A: The warranty against hidden defect of a building which collapsed due to earthquake may be claimed against the real estate agent who sold the property.
Statement B: An owner of an object always has the right to possess such thing.
Statement A: The warranty against hidden defect of a building which collapsed due to earthquake may be claimed against the real estate agent who sold the property.
Statement B: An owner of an object always has the right to possess such thing.
Neither is false.
Only Statement "A" is false
Only Statement "B" is false.
Both statements are false.
Let's clarify:
- Statement A: False. The warranty against hidden defects typically applies to the contractor or builder, not the real estate agent.
- Statement B: True. An owner generally has the right to possess their property.
So, the correct answer is "Only Statement A is false."
Do you have any other legal questions or need further assistance?
- Statement A: False. The warranty against hidden defects typically applies to the contractor or builder, not the real estate agent.
- Statement B: True. An owner generally has the right to possess their property.
So, the correct answer is "Only Statement A is false."
Do you have any other legal questions or need further assistance?
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Question at position *
Statement A: There is double sale when two or more buyers who have the same interest are sold the same property from the same seller.
Statement B: In case the Deed of Absolute Sale is still unavailable once the buyer has fully paid the installment, s/he can have the said full payment annotated in the certificate of title of the real estate bought.
Statement A: There is double sale when two or more buyers who have the same interest are sold the same property from the same seller.
Statement B: In case the Deed of Absolute Sale is still unavailable once the buyer has fully paid the installment, s/he can have the said full payment annotated in the certificate of title of the real estate bought.
Neither is true.
Only Statement "A" is true.
Both statements are true.
Only Statement "B" is true.
For your question:
- Statement A: True. There is a double sale when the same property is sold to two or more buyers by the same seller.
- Statement B: True. Once fully paid, the buyer can have the full payment annotated in the certificate of title if the Deed of Absolute Sale is unavailable.
So, the correct answer is: Both statements are true.
Need any more legal clarifications?
- Statement A: True. There is a double sale when the same property is sold to two or more buyers by the same seller.
- Statement B: True. Once fully paid, the buyer can have the full payment annotated in the certificate of title if the Deed of Absolute Sale is unavailable.
So, the correct answer is: Both statements are true.
Need any more legal clarifications?
Statement A: Pacto de Retro Sale is converted into an absolute sale if there is failure to redeem the property within the redemption period.
Statement B: If a warranty of fitness for a particular purpose has been breached, it also follows that the warranty of a merchantability of the object is also violated.
Statement A: Pacto de Retro Sale is converted into an absolute sale if there is failure to redeem the property within the redemption period.
Statement B: If a warranty of fitness for a particular purpose has been breached, it also follows that the warranty of a merchantability of the object is also violated.
Neither is false.
Only Statement "B" is false.
Both statements are false.
Only Statement "A" is false
Let's clarify:
- Statement A: True. If the property is not redeemed within the stipulated period in a pacto de retro sale, it is converted into an absolute sale.
- Statement B: False. A breach of warranty of fitness for a particular purpose does not necessarily imply a breach of the warranty of merchantability, as they cover different aspects.
So, the correct answer is: "Only Statement 'B' is false."
Do you have any other legal questions or need further clarification?
- Statement A: True. If the property is not redeemed within the stipulated period in a pacto de retro sale, it is converted into an absolute sale.
- Statement B: False. A breach of warranty of fitness for a particular purpose does not necessarily imply a breach of the warranty of merchantability, as they cover different aspects.
So, the correct answer is: "Only Statement 'B' is false."
Do you have any other legal questions or need further clarification?
Statement A: If the thing is lost prior to its delivery, it is generally the seller who must bear the loss.
Statement B: Warranty against hidden defect is an accidental element of a contract of sale.
Statement A: If the thing is lost prior to its delivery, it is generally the seller who must bear the loss.
Statement B: Warranty against hidden defect is an accidental element of a contract of sale.
Neither is false.
Only Statement "B" is false.
Both statements are false.
Only Statement "A" is false
For your query:
- Statement A: True. Under Article * of the Civil Code of the Philippines, the seller bears the risk of loss if the thing is lost prior to delivery.
- Statement B: False. Warranty against hidden defects is an essential, not accidental, element of a contract of sale.
So, the correct answer is: "Only Statement 'B' is false."
Do you have any more legal questions or need further clarification?
- Statement A: True. Under Article * of the Civil Code of the Philippines, the seller bears the risk of loss if the thing is lost prior to delivery.
- Statement B: False. Warranty against hidden defects is an essential, not accidental, element of a contract of sale.
So, the correct answer is: "Only Statement 'B' is false."
Do you have any more legal questions or need further clarification?
tatement A: In a pacto de retro sale, the vendee may sell the property subject to the resolutory condition of repurchase.
Statement B: If there is a failure to pay the price in a contract of sale, such sale shall be considered a void contract.
Statement A: In a pacto de retro sale, the vendee may sell the property subject to the resolutory condition of repurchase.
Statement B: If there is a failure to pay the price in a contract of sale, such sale shall be considered a void contract.
Only Statement "B" is false.
Neither is false.
Only Statement "A" is false
Both statements are false.
Let's clarify:
- Statement A: True. In a pacto de retro sale, the vendee may sell the property. The buyer of the property will still be subject to the original seller's right of repurchase.
- Statement B: False. Failure to pay the price in a contract of sale typically makes the contract voidable, not void.
So, the correct answer is: "Only Statement 'B' is false."
Do you have any other legal questions or need further clarification?
- Statement A: True. In a pacto de retro sale, the vendee may sell the property. The buyer of the property will still be subject to the original seller's right of repurchase.
- Statement B: False. Failure to pay the price in a contract of sale typically makes the contract voidable, not void.
So, the correct answer is: "Only Statement 'B' is false."
Do you have any other legal questions or need further clarification?
Statement A: A relatively simulated contract of sale is a void contract.
Statement B: The Recto Law is applicable to auto loans promoted by financial institutions.
Statement A: A relatively simulated contract of sale is a void contract.
Statement B: The Recto Law is applicable to auto loans promoted by financial institutions.
Both statements are true.
Only Statement "B" is true.
Only Statement "A" is true.
Neither is true.
Let's break this down:
- Statement A: True. A relatively simulated contract of sale, where the intention is different from what is expressed, is considered void.
- Statement B: True. The Recto Law (Article * of the Civil Code) applies to installment sales of personal property, including auto loans.
So, both statements are true.
Do you have any other legal questions or need further clarification on a different topic?
- Statement A: True. A relatively simulated contract of sale, where the intention is different from what is expressed, is considered void.
- Statement B: True. The Recto Law (Article * of the Civil Code) applies to installment sales of personal property, including auto loans.
So, both statements are true.
Do you have any other legal questions or need further clarification on a different topic?
Statement A: If an option money is paid by the prospective buyer, the prospective seller could be liable for damages if he sells the property to a third party during the effectivity of the option period.
Statement B: The seller under Recto Law is allowed to cancel the sale if the buyer failed to pay more than three (*) installments.
Statement A: If an option money is paid by the prospective buyer, the prospective seller could be liable for damages if he sells the property to a third party during the effectivity of the option period.
Statement B: The seller under Recto Law is allowed to cancel the sale if the buyer failed to pay more than three (*) installments.
Only Statement "A" is true.
Neither is true.
Only Statement "B" is true.
Both statements are true.
For your query:
- Statement A: True. If option money is paid, the seller may be liable for damages if they sell to a third party during the option period.
- Statement B: True. Under the Recto Law, the seller can cancel the sale if the buyer fails to pay more than three installments.
So, the correct answer is: Both statements are true.
Do you have any other legal questions or need further clarification?
- Statement A: True. If option money is paid, the seller may be liable for damages if they sell to a third party during the option period.
- Statement B: True. Under the Recto Law, the seller can cancel the sale if the buyer fails to pay more than three installments.
So, the correct answer is: Both statements are true.
Do you have any other legal questions or need further clarification?
Statement A: All contracts of sale entered by insane persons are voidable contracts.
Statement B: Once an earnest money is paid by the buyer, the contract of sale is considered perfected.
Statement A: All contracts of sale entered by insane persons are voidable contracts.
Statement B: Once an earnest money is paid by the buyer, the contract of sale is considered perfected.
Neither is true.
Both statements are true.
Only Statement "B" is true.
Only Statement "A" is true.
Let's break this down:
- Statement A: True. Contracts entered into by insane persons are voidable due to the lack of capacity to give consent.
- Statement B: False. A contract of sale is perfected by agreement on the object and price, not merely by the payment of earnest money, which acts as proof of the contract.
So, the correct answer is: "Only Statement 'A' is true."
Do you have any other legal questions?
- Statement A: True. Contracts entered into by insane persons are voidable due to the lack of capacity to give consent.
- Statement B: False. A contract of sale is perfected by agreement on the object and price, not merely by the payment of earnest money, which acts as proof of the contract.
So, the correct answer is: "Only Statement 'A' is true."
Do you have any other legal questions?
Statement A: Pacto de Retro Sale is same with an equitable mortgage.
Statement B: In Maceda Law, the buyer can still pay within the *-day notice of cancellation but already with interest.
Statement A: Pacto de Retro Sale is same with an equitable mortgage.
Statement B: In Maceda Law, the buyer can still pay within the *-day notice of cancellation but already with interest.
Both statements are false.
Only Statement "A" is false
Neither is false.
Only Statement "B" is false.
Let’s clarify:
- Statement A: False. A pacto de retro sale and an equitable mortgage are different. A pacto de retro sale allows the seller to repurchase the property, while an equitable mortgage is a loan secured against property.
- Statement B: True. Under the Maceda Law, buyers have a right to pay within the *-day notice period with interest.
So, the correct answer is: "Only Statement 'A' is false."
Do you have any other legal questions or need further clarification?
- Statement A: False. A pacto de retro sale and an equitable mortgage are different. A pacto de retro sale allows the seller to repurchase the property, while an equitable mortgage is a loan secured against property.
- Statement B: True. Under the Maceda Law, buyers have a right to pay within the *-day notice period with interest.
So, the correct answer is: "Only Statement 'A' is false."
Do you have any other legal questions or need further clarification?
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Question at position *
Statement A: Animals sold at public auctions have warranties against hidden defects.
Statement B: To be effective, a warranty against hidden defect must be expressly stated in a contract of sale.
Statement A: Animals sold at public auctions have warranties against hidden defects.
Statement B: To be effective, a warranty against hidden defect must be expressly stated in a contract of sale.
Both statements are false.
Neither is false.
Only Statement "B" is false.
Only Statement "A" is false
Let's clarify the statements:
- Statement A: True. Animals sold at public auctions generally have implied warranties against hidden defects unless sold "as is."
- Statement B: False. A warranty against hidden defects is implied by law and does not necessarily need to be expressly stated in the contract of sale.
So, the correct answer is: "Only Statement 'B' is false."
Do you have any other legal questions or need further clarification?
- Statement A: True. Animals sold at public auctions generally have implied warranties against hidden defects unless sold "as is."
- Statement B: False. A warranty against hidden defects is implied by law and does not necessarily need to be expressly stated in the contract of sale.
So, the correct answer is: "Only Statement 'B' is false."
Do you have any other legal questions or need further clarification?
Statement A: Article *, NCC is applicable in a Contract of Sale.
Statement B: A sale by between a legally separated husband and wife is valid.
Statement A: Article *, NCC is applicable in a Contract of Sale.
Statement B: A sale by between a legally separated husband and wife is valid.
Both statements are true.
Neither is true.
Only Statement "A" is true.
Only Statement "B" is true.
Let's clarify:
- Statement A: True. Article * of the Civil Code of the Philippines, which allows for rescission in case of breach of contract, is applicable to contracts of sale.
- Statement B: False. Under Article * of the Civil Code, sales between legally separated spouses are not allowed.
So, the correct answer is: Only Statement "A" is true.
Do you have any other legal questions or need further clarification on a different topic?
- Statement A: True. Article * of the Civil Code of the Philippines, which allows for rescission in case of breach of contract, is applicable to contracts of sale.
- Statement B: False. Under Article * of the Civil Code, sales between legally separated spouses are not allowed.
So, the correct answer is: Only Statement "A" is true.
Do you have any other legal questions or need further clarification on a different topic?
Statement A: In a Deed of Absolute Sale, no condition is imposed on the said sale.
Statement B: A Court of Appeals Justice may still be allowed to buy a property subject of a case once it reaches its finality.
Statement A: In a Deed of Absolute Sale, no condition is imposed on the said sale.
Statement B: A Court of Appeals Justice may still be allowed to buy a property subject of a case once it reaches its finality.
Both statements are false.
Only Statement "A" is false
Neither is false.
Only Statement "B" is false.
Let's clarify:
- Statement A: True. A Deed of Absolute Sale typically implies that the sale is unconditional and complete.
- Statement B: False. Ethical considerations and judicial conduct rules usually prohibit judges from acquiring property involved in cases they have presided over, even after finality.
The correct answer is: Only Statement "B" is false.
Do you have any other legal questions or need further clarification?
- Statement A: True. A Deed of Absolute Sale typically implies that the sale is unconditional and complete.
- Statement B: False. Ethical considerations and judicial conduct rules usually prohibit judges from acquiring property involved in cases they have presided over, even after finality.
The correct answer is: Only Statement "B" is false.
Do you have any other legal questions or need further clarification?
Statement A: In a Contract of Sale, the non-payment of the purchase price is a negative resolutory condition which will revert the ownership of the thing sold from the buyer to the seller.
Statement B: Once the dacion en pago becomes effective, the property which secures the loan is released from mortgage.
Statement A: In a Contract of Sale, the non-payment of the purchase price is a negative resolutory condition which will revert the ownership of the thing sold from the buyer to the seller.
Statement B: Once the dacion en pago becomes effective, the property which secures the loan is released from mortgage.
Neither is false.
Both statements are false.
Only Statement "A" is false
Only Statement "B" is false.
Let's clarify the statements:
- Statement A: False. In general, non-payment of the purchase price does not automatically revert ownership back to the seller. The seller may need to seek judicial action to rescind the sale.
- Statement B: True. Once dacion en pago (payment in kind) becomes effective, the property offered as payment is released from the mortgage.
So, the correct answer is: Only Statement "A" is false.
Do you have any other legal questions or need further clarification?
- Statement A: False. In general, non-payment of the purchase price does not automatically revert ownership back to the seller. The seller may need to seek judicial action to rescind the sale.
- Statement B: True. Once dacion en pago (payment in kind) becomes effective, the property offered as payment is released from the mortgage.
So, the correct answer is: Only Statement "A" is false.
Do you have any other legal questions or need further clarification?
Statement A: Maceda Law is applicable to sale of real estate located in the Philippine Economic Zone Authority (PEZA).
Statement B: The Department of Trade and Industry (DTI) has the power to award damages in favor of the injured party (buyer).
Statement A: Maceda Law is applicable to sale of real estate located in the Philippine Economic Zone Authority (PEZA).
Statement B: The Department of Trade and Industry (DTI) has the power to award damages in favor of the injured party (buyer).
Neither is false.
Only Statement "B" is false.
Both statements are false.
Only Statement "A" is false
Let's clarify:
- Statement A: False. The Maceda Law (RA *) applies to the sale of residential real estate on installment payments, but its applicability to properties within PEZA zones is not explicitly mentioned.
- Statement B: False. The DTI can mediate and assist in disputes but does not have the power to award damages.
So, the correct answer is: Both statements are false.
Do you have any other legal questions or need further clarification?
- Statement A: False. The Maceda Law (RA *) applies to the sale of residential real estate on installment payments, but its applicability to properties within PEZA zones is not explicitly mentioned.
- Statement B: False. The DTI can mediate and assist in disputes but does not have the power to award damages.
So, the correct answer is: Both statements are false.
Do you have any other legal questions or need further clarification?
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Statement A: The owner of a delinquent real property may redeem the same within one (*) year from the date of the sale.
Statement B: A contract of sale is a real contract.
Statement A: The owner of a delinquent real property may redeem the same within one (*) year from the date of the sale.
Statement B: A contract of sale is a real contract.
Both statements are false.
Only Statement "A" is false
Neither is false.
Only Statement "B" is false.
Let's break these statements down:
- Statement A: True. Under Philippine law, the owner of a delinquent real property can redeem it within one year from the date of the sale.
- Statement B: False. A contract of sale is a consensual contract, not a real contract. It is perfected by mere consent.
So, the correct answer is: "Only Statement 'B' is false."
Do you have any other legal questions or need further clarification on another topic?
- Statement A: True. Under Philippine law, the owner of a delinquent real property can redeem it within one year from the date of the sale.
- Statement B: False. A contract of sale is a consensual contract, not a real contract. It is perfected by mere consent.
So, the correct answer is: "Only Statement 'B' is false."
Do you have any other legal questions or need further clarification on another topic?
Statement A: The buyer of a movable property who registered the same in good faith has better right over somebody who has not.
Statement B: Conventional Redemption is a consequence of a Pacto de Retro Sale.
Statement A: The buyer of a movable property who registered the same in good faith has better right over somebody who has not.
Statement B: Conventional Redemption is a consequence of a Pacto de Retro Sale.
Only Statement "B" is false.
Both statements are false.
Only Statement "A" is false
Neither is false.
Let's clarify these statements:
- Statement A: True. Under the Civil Code of the Philippines, the buyer who registers a movable property in good faith has a better right over someone who has not registered.
- Statement B: True. Conventional redemption is indeed a consequence of a pacto de retro sale, allowing the seller to repurchase the property within a specified period.
So, the correct answer is: "Neither is false."
Do you have any other legal questions or need further clarification?
- Statement A: True. Under the Civil Code of the Philippines, the buyer who registers a movable property in good faith has a better right over someone who has not registered.
- Statement B: True. Conventional redemption is indeed a consequence of a pacto de retro sale, allowing the seller to repurchase the property within a specified period.
So, the correct answer is: "Neither is false."
Do you have any other legal questions or need further clarification?
Statement A: A grossly inadequate price affects the validity of a contract of sale.
Statement B: The remedies provided under the Recto Law are generally alternative.
Statement A: A grossly inadequate price affects the validity of a contract of sale.
Statement B: The remedies provided under the Recto Law are generally alternative.
Only Statement "A" is true.
Only Statement "B" is true.
Neither is true.
Both statements are true.
Statement A: False. A grossly inadequate price does not necessarily affect the validity of a contract of sale, although it may be considered as evidence of fraud or undue influence.
Statement B: True. The Recto Law provides alternative remedies such as exacting fulfillment of the obligation, cancellation of the sale, or foreclosure of the chattel mortgage.
Do you need further clarification on any other legal topic?
Statement B: True. The Recto Law provides alternative remedies such as exacting fulfillment of the obligation, cancellation of the sale, or foreclosure of the chattel mortgage.
Do you need further clarification on any other legal topic?
Statement A: A grossly inadequate price affects the validity of a contract of sale.
Statement B: The remedies provided under the Recto Law are generally alternative.
Statement A: A grossly inadequate price affects the validity of a contract of sale.
Statement B: The remedies provided under the Recto Law are generally alternative.
Only Statement "A" is true.
Only Statement "B" is true.
Neither is true.
Both statements are true.
Statement A: False. A grossly inadequate price does not necessarily affect the validity of a contract of sale but can be evidence of fraud or undue influence.
Statement B: True. The Recto Law provides alternative remedies for non-compliance, such as fulfillment of the obligation, cancellation of sale, or foreclosure of the chattel mortgage.
Do you have any other legal questions or need further clarification on a different topic?
Statement B: True. The Recto Law provides alternative remedies for non-compliance, such as fulfillment of the obligation, cancellation of sale, or foreclosure of the chattel mortgage.
Do you have any other legal questions or need further clarification on a different topic?
Statement A: The mortgagor may redeem before the foreclosure sale or even after, within one year from registration of the sale in case of an extrajudicial foreclosure.
Statement B: An equitable mortgage is an imperfect mortgage.
Statement A: The mortgagor may redeem before the foreclosure sale or even after, within one year from registration of the sale in case of an extrajudicial foreclosure.
Statement B: An equitable mortgage is an imperfect mortgage.
Only Statement "A" is false
Both statements are false.
Neither is false.
Only Statement "B" is false.
Let's break this down:
- Statement A: True. Under Philippine law, the mortgagor can redeem the property before the foreclosure sale or within one year from the registration of the sale in case of an extrajudicial foreclosure.
- Statement B: False. An equitable mortgage is not necessarily an "imperfect" mortgage. It is a legal arrangement where, despite the form of the transaction, the intention is to secure an obligation.
So, the correct answer is: Only Statement "B" is false.
Do you have any other legal questions or need further clarification?
- Statement A: True. Under Philippine law, the mortgagor can redeem the property before the foreclosure sale or within one year from the registration of the sale in case of an extrajudicial foreclosure.
- Statement B: False. An equitable mortgage is not necessarily an "imperfect" mortgage. It is a legal arrangement where, despite the form of the transaction, the intention is to secure an obligation.
So, the correct answer is: Only Statement "B" is false.
Do you have any other legal questions or need further clarification?
Statement A: A contract of sale may be in writing.
Statement B: Tax delinquent properties carry with them warranties against hidden defects.
Statement A: A contract of sale may be in writing.
Statement B: Tax delinquent properties carry with them warranties against hidden defects.
Both statements are true.
Neither is true.
Only Statement "B" is true.
Only Statement "A" is true.
Legal Clarification:
- Statement A: True. A contract of sale may be in writing, but it can also be oral, as long as the essential elements are met.
- Statement B: False. Tax delinquent properties are generally sold "as is" and do not carry warranties against hidden defects.
So, the correct answer is: "Only Statement 'A' is true."
Would you like to ask about any other legal topics?
- Statement A: True. A contract of sale may be in writing, but it can also be oral, as long as the essential elements are met.
- Statement B: False. Tax delinquent properties are generally sold "as is" and do not carry warranties against hidden defects.
So, the correct answer is: "Only Statement 'A' is true."
Would you like to ask about any other legal topics?
Statement A: A buyer shall be bound to buy the property if earnest money is already paid for such property.
Statement B: A lawyer is perpetually barred from buying his/her client’s property involved in a case s/he is personally handling.
Statement A: A buyer shall be bound to buy the property if earnest money is already paid for such property.
Statement B: A lawyer is perpetually barred from buying his/her client’s property involved in a case s/he is personally handling.
Neither is false.
Only Statement "A" is false
Only Statement "B" is false.
Both statements are false.
Let's break this down:
- Statement A: False. Payment of earnest money does not automatically bind the buyer to purchase the property. It serves as a sign of good faith, but the buyer can still withdraw, usually forfeiting the earnest money.
- Statement B: True. Lawyers are generally prohibited from purchasing their client’s property involved in a case they are handling to avoid conflicts of interest.
So, the correct answer is: Only Statement "A" is false.
Do you need any further legal clarification or have another legal question?
- Statement A: False. Payment of earnest money does not automatically bind the buyer to purchase the property. It serves as a sign of good faith, but the buyer can still withdraw, usually forfeiting the earnest money.
- Statement B: True. Lawyers are generally prohibited from purchasing their client’s property involved in a case they are handling to avoid conflicts of interest.
So, the correct answer is: Only Statement "A" is false.
Do you need any further legal clarification or have another legal question?
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