04 Oct Boleto De Compraventa Valor Legal

Finally, I would like to point out that the operations of the sales ticket may be linked to the outcome of future and uncertain events, in order to avoid leaving the parties or one of them in a situation of uncertainty. A common case in this regard is that of the buyer, who relies on the granting of a loan by a financial institution in order to be able to cope with the business, and who awaits the approval of the bank. In this case, it is advisable to include a clause that subordinates the sale as a condition of resolution to the granting of the loan, because in case of final non-acquisition, things will return to their original situation and the money delivered to the account and item, if it has already been delivered, will be refunded without prejudice or fines. One of the most important, once the transaction is confirmed, is the signing of the purchase and sale ticket. This is a pre-translatable domain deed contract that requires the seller to transfer ownership and the buyer to pay the agreed price. Champanier said there are many surgeries where you don`t necessarily have to sign a ticket. “They are made under the modality of direct writing, in which a reservation is made and then directly the writer does the writing. When it is made, the ticket ceases to be valid because the last document is still valid,” he said. To this end, the real estate advisor asks the land registry and before signing the purchase-sale ticket for a report on the ownership of the property and a report on the owner`s inhibitions. From them will emerge the situation of the property and whether the owner (and his wife, if he has it) has recorded inhibitions,” Kries said.

Thus, it is agreed and written on the sales ticket that if the seller does not comply with his obligation to issue the certificate of translation of the domain in favor of the buyer, he must refund the amount received on the ticket plus the same, or the buyer can claim its execution in court plus damages. The sales ticket is nothing more than a legal transaction in which the parties undertake to conclude a purchase contract, but in no case can this be considered a sufficient title for the acquisition and deed of a property. This was provided by great authors of the doctrine such as Kiepper and Papaño when they assert that “… We have pointed out that, in order to be a legal possession, it is necessary that the right in rem has been established in accordance with the provisions of this Code, and the truth is that there are other provisions […] in it that stipulate that sufficient title for the transfer of real rights arising from rights in rem by acts between the living, must be formalized by a public document”[1]. Gatti and Alterini, for their part, argue that what is considered legitimate is not possession, but acquisition. The banknote arises from the birth of mutual rights and obligations between the contracting parties. The seller essentially has the right to collect the price (residual price balance) and the obligation to deliver the item sold in “form” as agreed, and when we talk about real estate, it will usually be the delivery of the property and the signing of the deed of sale. On the other hand, the buyer has the right that the deed is signed in his favor and that the ownership of the property is delivered, on the other hand, he has the obligation to pay the price on the agreed terms.

In addition, there are special obligations that the parties can contract due to the specificities of the transaction. The sales ticket is above all the contract that “closes the company” and therefore defines it as such; since the contracting parties acquire rights and are obliged from their signature, as agreed in the document, and if (as usual) money is delivered on behalf of the total price agreed as payment on the deposit and principle of execution of the contract. NO, with the signing of the sales ticket, the transfer of the domain of the property is NOT perfected, but its signature has legal consequences between the parties. It is usually associated with the purchase / sale of real estate, but in reality it can be used, and it is advisable to regulate the relationship of commercial entities, in the transfer of all kinds of things, regardless of whether their economic value and / or peculiarities of operation make it desirable to have all the conditions agreed by the contracting parties clearly established. The sales ticket is a private instrument that can be created by mutual agreement between the parties. Given the importance of the law, it is recommended that it be reviewed by a notary, lawyer or trusted person. It is the responsibility of the real estate agent to obtain the debt statements for taxes and fees and, if necessary, for the costs of the horizontal property at the time of signing the ticket. In addition, domain reports will include notes on foreclosures, mortgages and more.

When analyzing the judgment of the Civil and Commercial Appeals Chamber of the City of Necochea, the rejection of the request for an act is based on the purpose that the parties had at the time of signing the sales ticket: to ensure compliance with the obligations. This is what distinguishes this judgment: the parties were not intended for the subsequent execution of a purchase contract, but to guarantee the various monetary advantages that occurred between them, leading to the so-called “indirect transaction” that we will develop later. Finally, it is also proposed that the ticket adds the data of the notary involved and records a deadline for the seller to provide the notary with the documents necessary to be able to issue the deed. Hence the real estate sales ticket; according to the current trend, to which I adhere, it is a definitive declarative activity: “This is the purchase contract”, because all its characteristics work on it: the individualization of the thing and the price. However, if the Buyer is more in default, the Ticket must have the express agreement that in this case the Seller has the right to terminate the Ticket in its favor with the loss of the amount paid by the Buyer or to claim its execution judicially plus damages. When preparing the ticket for later signature, the document should not neglect the unit interface, titles and associated charges. Since this is an agreement between individuals, the signatures of the parties must be certified by the notary. “Although this rule concerns only the case of bankruptcy or bankruptcy of the debtor, today it is the practically unanimous doctrine and case law that are also applicable to individual enforcement and, therefore, in the event of a conflict between the sales card and the seizure, preference must be given to the former, because if the buyer can refuse by ticket his right to all bankrupt creditors, especially since it can do so vis-à-vis a single creditor”.