Stages in the contract of sales: 1.

negotiation one party (would-be seller) offers to sell to the other party (would-be buyer). 2. perfection meeting of the minds of both parties, the would-be seller and the would-be buyer). 3. consummation there is already a delivery of the determinate thing and payment of its price. Elements of the contract of sale: 1. consent or meeting of the minds 2. determinate subject matter 3. price certain in money or its equivalent Vitiated consent consent is given through mistake, fraud, violence, intimidation. Reluctant consent not eager Valid sale against the will of the owner: Expropriation acquisition of the property by the government thru the exercise of eminent domain with just compensation. Services cannot be the object of a sale: Service is not a determinate thing. (Art. 1458) Even if the sale was not in writing, it is already valid because there was already a delivery of the thing, statute of frauds will only apply to executory contracts. The sale of the shares of the stockholder is only binding among the parties. As to the corporation, the buyer only acquires an equitable title to the share. Ownership is not required at perfection of the contract. The seller need not own the property at the time of perfection, it being sufficient that he be the owner at the time he is to deliver the object. Art. 1487 the expenses for the execution and registration of the sale shall be borne by the seller, unless there is a stipulation to the contrary. Contract of sale vs. contract of piece of work: It is a contract of sale if the materials of the house to be used in the building are more valuable than the services. It is contract of piece of work if the services rendered is more valuable than the materials of the house. Personal property payable in installments: Remedies If the buyer fails to pay in one installment exact fulfillment of the obligation. If the buyer fails to pay in two or more installments cancel the sale. Alternative remedy only one of the remedies given are to be availed of. Owner bears the loss principle of res perit domino

Right to buy; right to transmit the right: Yes, unless it was granted for purely personal considerations. There must already be a consideration paid, the seller cannot unjustly enrich himself. Art. 1477 ownership of the thing sold shall be transferred to the buyer upon the actual or constructive delivery thereof. This is true even if the sale has been made on credit. Ownership is not transferred by perfection but by delivery. Relative incapacity husband and wife cannot sell property to each other. Exceptions: separation of property in marriage settlement or judicial separation of property. Emptio rei sperati sale of an expected thing, deals with a future thing. Emptio spei sale of the hope itself, deals with a present thing. Earnest money vs. option money: Earnest money proof of the perfection of the contract and will form part of the purchase price. Option money - reservation fee only and will not form part of the purchase price. Contract of sale vs. agency to sell: In sale, the buyer becomes the owner after delivery; In agency to sell, he agent does not become the owner even if the property is delivered to him. Determination whether the contract is of a sale or of a barter: Art. 1468 1. first rule intent of the parties, if it does not appear: 2. thing is more valuable than money barter 3. equivalent sale 4. lessvaluable than money sale Contract of sale vs. contract to sell: Contract of sale ownership over the property generally passes to the buyer upon delivery, nonpayment of the price is a resolutory condition. Contract to sell ownership is retained by the seller, regardless of the delivery and is not pass until full payment of the price, payment of full price is a positive suspensive condition.