#7 Purchase and sale agreement or assignment of rights agreement?

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opened 2 years ago by jamesflick · 13 comments

Real estate purchase and sale agreement

Private instrument that signs the purchase and sale of property between buyer and seller.

It is determined in the purchase and sale agreement: Business value; Form of payment; Property description; Full qualification of the parties.

The purchase and sale contract is not the instrument that allows the real real estate transfer to take place, that is, it is not by signing a property purchase and sale contract that you will become the OWNER of a property.

As determined in article 108 of the Civil Code, for the transfer of real estate ownership, a Public Deed of Purchase and Sale of Property and the consequent registration of the document with the Real Estate Registry Office must be drawn up.

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The main point of the document, as obvious as it sounds, is: Seller must be OWNER.

When I use the term “owner”, I'm talking about the person who appears in the certificate of full content of the property, understand what Article 1245 of the Civil Code imposes .

Article 1,245. The property is transferred inter vivos upon registration of the translational title in the Real Estate Registry. §1. As long as the translation title is not registered, the seller continues to be the owner of the property.

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Let's talk about the assignment of rights now.

Real estate assignment agreement

In the real estate assignment contract, the ASSIGNOR is that person who is not the owner, as he has not followed the rule imposed by article 1,245 of the Civil Code (transcribed above).

It is very common for people to conduct real estate business but not bring the business to the necessary publicity that only the Real Estate Registry can achieve.

Imagine that Maria bought a property from Joana.

Joana was listed as the owner of the property's certificate of full content.

Between Maria and Joana only one “drawer contract” was agreed ( read more about Drawer Contract here ).

Thus, even after years, Joana remains the owner of the property even though she has already sold it and even received the entire value of the deal signed.

Now imagine that Maria intends to sell the property. The first person interested in the property requests the complete documentation of the property and to his surprise what he finds is that Maria is nowhere in the documentation, only “a Joana person”.

It is essential to mention that the business described above is highly risky. I'll ask you a few good questions and you'll see the risk that Maria took during the entire period:What if Joan dies? How will Joana's inventory be done without mentioning the property in question since it is listed as her owner.

What if Joana disappears and Maria can't get any more contact?

What if Joana receives a court sentence condemning her to pay R$500,000.00 without having any other property in her name or money in a bank account?

I know we're thinking of a number of “what ifs”... But understand: the “what ifs” above are not only possible, they are also recurrent.

Since the beginning of my professional career, accompanying the purchase and sale of real estate, I have seen several situations with a very sad outcome and fraught with a lot of financial loss.

When deciding to buy and sell a property, it is essential to carry out a thorough analysis of all documents relating to the property and the seller, with the main purpose of establishing a secure negotiation.

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If you are reading this content, it is certainly because you have doubts about the concept of each one. When should I enter into a purchase and sale agreement and when should I enter into a rights assignment agreement? **Real estate purchase and sale agreement** Private instrument that signs the purchase and sale of property between buyer and seller. It is determined in the purchase and sale agreement: Business value; Form of payment; Property description; Full qualification of the parties. The purchase and sale contract is not the instrument that allows the real real estate transfer to take place, that is, it is not by signing a property purchase and sale contract that you will become the OWNER of a property. As determined in article 108 of the Civil Code, for the transfer of real estate ownership, a Public Deed of Purchase and Sale of Property and the consequent registration of the document with the Real Estate Registry Office must be drawn up. ] The main point of the document, as obvious as it sounds, is: Seller must be OWNER. When I use the term "owner", I'm talking about the person who appears in the certificate of full content of the property, understand what Article 1245 of the Civil Code imposes . Article 1,245. The property is transferred inter vivos upon registration of the translational title in the Real Estate Registry. §1. As long as the translation title is not registered, the seller continues to be the owner of the property. [Sky Marketing](https://www.skymarketing.com.pk/) strives to be Pakistan's biggest real estate developer ever, guaranteeing the highest international standards, prompt execution, and lifetime customer loyalty. For further detail visit Taj [skymarketing.com.pk/rawalpindi/taj-residencia/](https://www.skymarketing.com.pk/rawalpindi/taj-residencia/) Let's talk about the assignment of rights now. **Real estate assignment agreement** In the real estate assignment contract, the ASSIGNOR is that person who is not the owner, as he has not followed the rule imposed by article 1,245 of the Civil Code (transcribed above). It is very common for people to conduct real estate business but not bring the business to the necessary publicity that only the Real Estate Registry can achieve. Imagine that Maria bought a property from Joana. Joana was listed as the owner of the property's certificate of full content. Between Maria and Joana only one "drawer contract" was agreed ( read more about Drawer Contract here ). Thus, even after years, Joana remains the owner of the property even though she has already sold it and even received the entire value of the deal signed. Now imagine that Maria intends to sell the property. The first person interested in the property requests the complete documentation of the property and to his surprise what he finds is that Maria is nowhere in the documentation, only "a Joana person". It is essential to mention that the business described above is highly risky. I'll ask you a few good questions and you'll see the risk that Maria took during the entire period:What if Joan dies? How will Joana's inventory be done without mentioning the property in question since it is listed as her owner. What if Joana disappears and Maria can't get any more contact? What if Joana receives a court sentence condemning her to pay R$500,000.00 without having any other property in her name or money in a bank account? I know we're thinking of a number of "what ifs"... But understand: the "what ifs" above are not only possible, they are also recurrent. Since the beginning of my professional career, accompanying the purchase and sale of real estate, I have seen several situations with a very sad outcome and fraught with a lot of financial loss. When deciding to buy and sell a property, it is essential to carry out a thorough analysis of all documents relating to the property and the seller, with the main purpose of establishing a secure negotiation. [Patterjack dog breeds](https://patterjack.com/blog/things-only-german-shepherd-dog-owners-will-understand) [murshidalam](https://murshidalam.com/the-advantages-of-watching-123movies-online-at-home/) [meeting in zoom](https://techiedigest.com/how-to-schedule-a-meeting-in-zoom/)

When you decide to buy or sell the property it is crucial to conduct a thorough study of all the documents related to the property as well as the buyer, with the principal objective of establishing a secure bargaining position. saudi recruiting agency in pakistan

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Property agreement is an important step when one buy or sale a property. By the way nice article for the realtors. top recruitment agencies in Pakistan for Saudi Arabia

This agreement is a must have for both the parties when bying or selling a property for safe and secure assignments of rights. overseas recruitment agencies

A property agreement is a crucial step when buying or selling a property. By the way, it's a great article for realtors. Leading Recruitment Agencies in Pakistan for Saudi Arabia

This agreement is essential for both parties when buying or selling a property to ensure safe and secure assignment of rights.

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