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According to Mackeurtan, Purchase and sale ( emptio venditio) is a mutual contract for the transfer of possession of a thing in exchange for a price. It has three essentials: consent ( consensus ad idem ); a thing sold ( merx ); and a price ( pretium ). [ 8 ] Remember that a sale contract is a special form of contract, and so all law discussed ...
When a contract for the sale of land is executed, equitable [interest/title] passes to the buyer. When the conditions on the sale contract have been met, legal title passes to the buyer in what is known as closing. Properties that are sold on the basis of equitable title have a legal chain of title intact, and a recorded transfer with the local ...
e. Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. [ 1] Property can be exchanged through contract law, and if property is violated, one could ...
A land contract, (also known as contract for deed or agreement for deed ), is a contract between the buyer and seller of real property in which the seller provides the buyer financing in the purchase, and the buyer repays the resulting loan in installments. Under a land contract, the seller retains the legal title to the property but permits ...
A house for sale by its owner. For sale by owner ( FSBO) is the process of selling real estate without the representation of a broker or agent. This is where the homeowner sells directly to a new homeowner. Homeowners may still employ the services of marketing, online listing companies, but can also market their own property.
Assignment (law) Assignment [a] is a legal term used in the context of the laws of contract and of property. In both instances, assignment is the process whereby a person, the assignor, transfers rights or benefits to another, the assignee. [1] An assignment may not transfer a duty, burden or detriment without the express agreement of the assignee.
A bill of sale is a document that transfers ownership of goods from one person to another. It is used in situations where the former owner transfers possession of the goods to a new owner. Bills of sale may be used in a wide variety of transactions: to sell goods, exchange, give, or mortgage objects. They can be used only to transfer ownership ...
Contract law. The title-transfer theory of contract ( TTToC) is a legal interpretation of contracts developed by economist Murray Rothbard and jurist Williamson Evers. The theory interprets all contractual obligations in terms of property rights, [1] [2] viewing a contract as a bundle of title transfers. According to Randy Barnett, the TTToC ...