2.

1. The subject must be real property.- false

2. Non-payment of purchase price is a positive resolutory condition FALSE
3. A contract of sale is unenforceable where the same is without cause or consideration. FALSE
4. Where the seller promises to execute a deed of absolute sale upon full payment of purchase
price, the agreement is a contract to sell. TRUE
5. When the subject matter is not determinate or the price is not certain, the agreement is
merely a contract to sell. TRUE
6. The absence of any of the essential elements does not negate the existence of a perfected
contract of sale as long as there is consent. FALSE
7. There can be no sale without price. TRUE
8. The acceptance of payment by a party is not an indication if his consent. FALSE
9. The transfer of title and payment of price is the essence of sale. TRUE
10. When the sale contemplates a Contingency, conditional. TRUE
11. In a conract to sell, Upon the fulfillment of suspensive condition, sale becomes absolute and
def affect the sellers title. false
12. Onerous? True
Contract of sale is an onerous contract because the thing sold is considered
the equivalent of the price paid and vice vers
13. Nominate. TRUE
14. Price may be fictitious? FALSE
15. Payment of price is essential? TRUE
16. Payment of the purchase price is essential to the transfer of ownership as long as the property
sold has been delivered. False
17. Consideration refers to the price certain in money or its equivalent. TRUE

1. There will be no sale against the will of the owner in case of expropriation. False
2. A sale of future goods even though the contract is in the form of a present sale does not
operate as a contract to sell the goods. False
3. The provisions of obligations and contracts of the Civil Code are not applicable to the contract
of sales because it has its own provisions under the Civil Code. False
4. Neither is the delivery of the thing bought nor the payment of the price necessary for the
perfection of the contract of sale.true
5. The delivery of the thing sold does not transfer title until the condition is fulfilled.true
6. Contract of sale is a consensual contract because it is perfected by mere consent without any
further act. True
7. A contract of sale is a principal contract because it does not depend for its existence and
validity upon another contract. True
 8. The essence of consent is the conformity of the parties on the terms of the contract, the
acceptance by one of the offers made by the other. True
9. Where the figures referred to by the buyer as prices are mere estimates given them by the
seller of the condominium units in question, the transaction lacks an essential requisite for the
perfection of the contract of sale. F
10. The delivery of the thing sold does not transfer title until the condition is fulfilled. T
11. If the seller and the buyer differ in regard to the thing sold, there is a meeting of the minds. F
12. Where the sale is not subject to any condition whatsoever and where title passes to the buyer
upon delivery of the thing sold, it’s an absolute contract of sale. True
13. In a contract of sale, title does not pass to the buyer upon delivery of the thing sold. False
14. In a contract of sale, title does not pass to the buyer upon delivery of the thing sold. T
15. A sale of future goods even though the contract is in the form of a present sale does not operate
as a contract to sell the goods. f
16. A stipulation in a contract providing for automatic rescission upon non-payment of the purchase
price within the stipulated period is void. F
17. In a contract to sell, full payment is a positive suspensive condition, the failure of which is a
breach of the contract. f

1. The Contract of Sale is an agreement whereby one of the parties obligates himself to deliver
something to the other who vinds himself to pay therefor a sum of money or its equivalent.
2. Contract of sale is bilateral contract because both the contracting parties are bound to fulfill
correlative obligations towards each other.
3. The contract of sale has its own provisions under the Civil Code ( eg Title Vi, CC)
4. In a conditional contract of sale, if there had been previous delivery of the subject property,
the sellers ownership or title to the property is automatically transferred to the buyer such
that the seller will no longer have any title to transfer to any third person.
5. Contract of sale is a commutative contract because the things sold is conveyed in
consideration of the price and vice versa.
6. In a contract to sell, the title remains in the vendor if the vendee does not comply with the
condition precedent of making payment at the time specified in the contract.
7. A contract may be aleatory as in the case of the sale of a hope.
8. The law governing contracts are not applicable to sales because the latter has its own set of
rules under the Civil Code
9. The failure to pay the price is full within a fixed period dissolves a contract of sale in the
absence of any agreement that payment in time is essential to make it null and void for lack of
consideration.
10. There is no actual sale until and unless full payment of the price is made.
11. If the price is fictitious, the sale is rescissible although the transaction may be shown to have
been in reality a donation or some other contract.
12. Non-payment of the purchase price is a resolutory condition for which the remedy
is rescission only.
13. Meeting of the minds refers to the consent on the part of the seller to transfer and deliver oand
on the part of the buyer to pay.
14. The subject matter in a contract of sale refers to the determinate thing which is the object of
the contract.
15. A contract to sell is commonly entered unto so as to protect the seller against a buyer who
intends to buy a property in installments by withholding ownership over the property until
the buyer effects full payment thereof
16. Non-payment of the purchase price is a resolutory condition for which the remedy is recession
only
17. Payment of the purchase price is not essential to the transfer of ownership as long as the
property sold has been delivered.

6
1. The price is not certain if it be certain with reference to another thing certain
2. Mere inadequacy of the price or alleged hardness of the bargain generally does
not affect its validity when both parties are in a position to form an
independent judgment concerning the transaction.
3. Money is to be understood as currency, and its equivalent means promissory
notes, checks and other mercantile instruments generally accepted as
representing money
4. The price fixed by a third person designated by the parties is not binding upon
them when the third person acts in bad faith or by mistake as when the third
person fixed the price having in mind not the thing which is the object of the
sale, but another analogous or similar thing in which case the court may fix the
price.
5. If such third person is prevented from fixing the price by the fault of the seller
or the buyer, the party not in fault may obtain redress against the party in fault.
6. If the price is so inadequate as to shock the conscience of the Court, a judicial
sale will be set aside.
7. Mere inadequacy of price is a sufficient ground for the cancellation of an
execution sale even if there is no showing that in the event of a resale, a better
price can be obtained.-FALSE
8. If the third person designated by the parties to fix the price refuses or cannot fix it
(without fault of the seller and the buyer), the contract shall become ineffective.
9. Price must be certain or capable of being ascertained in money or its
equivalent.
10. The inadequacy of price, however, may indicate a defect in the consent such as when
fraud, mistake, or undue influence is present in which case the contract may be
annulled not because of the inadequacy of the price but because the consent is
vitiated.
 11. As a general rule, the price fixed by a third person designated by the parties is
not binding upon them
12. A valuable consideration, however small or nominal, if given or stipulated in
good faith is, in the absence of fraud, not sufficient.
13. Where the price is so low that ‘a man in his senses and not under a delusion’
would not accept it, the sale may be set aside and declared an equitable
mortgage to secure a loan.
14. The price is not certain if the determination of the price is left to the judgment
of a specified person or persons and even before such determination.
15. If the contract is not shown to be a donation or any other act or contract
transferring ownership because the parties do not intend to be bound at all, the
ownership of the thing is not transferred.
16. The price is not certain if the parties have fixed or agreed upon a definite
amount.
17. If the price is simulated or false such as when the vendor really intended to
transfer the thing gratuitously, then the sale is void but the contract shall be
unenforceable.
18. The price fixed by a third person designated by the parties is not binding upon
them when the third person disregards specific instructions or the procedure
marked out by the parties or the data given him, thereby fixing an arbitrary
price.

7.

43

The ownership of things is trans- ferred by delivery, and not by mere payment.

The determination of the price should not be left to the discretion of one of the contracting
parties. t

The delivery of the thing sold is not essential in a contract of sale. Without it, the purchaser may
enjoy the thing sold to him. f
If the contract is not shown to be a donation or any other act or contract transferring ownership
because the parties do not intend to be bound at all, the contract is void and inexistent. f

The fact that the seller continues to pay realty taxes on the land sold even after the execution of
the contract to sell does not necessarily prove ownership. t

Where the price fixed by one party is accepted by the other, the contract is not yet perfected. f

he parties cannot stipulate that the ownership in the thing, notwithstanding its delivery, shall not
pass to the purchaser until after he has fully paid the purchase price thereof. f

The ownership is not transferred until the delivery of the thing t

From the moment there is a meeting of minds upon the thing and upon the price, the reciprocal
obligations of the parties arise even when neither has been delivered. t

Lack of consideration results in a right to demand fulfillment or cancellation of the obligation

under an existing valid contract. f

The non-payment of the price does prove simulation. f

A stipulation that ownership in the thing sold shall not pass to the purchaser until after he has
fully paid the price thereof could only be binding upon the contracting parties, their assigns, and
heirs but not upon third persons without notice. t

A sale of real estate, whether made as a result of a private transaction or of a foreclosure or

execution sale, becomes legally effective against third persons only from the date of its
registration. T

Failure to pay the consideration prevents the existence of a valid contract. F

Parties may stipulate that despite the delivery, the ownership of the thing shall remain with the
seller until the purchaser has fully paid the price. T

The ownership of things is transferred by delivery, and not by mere payment. T

If there is doubt by the wording of the contract whether the parties intended a suspensive
condition or a suspensive period for the payment of the stipulated price, the doubt shall be
resolved in favor of the greatest reciprocity of interests. T

Failure to pay the consideration of a contract is different from lack of consideration. T

8
If the thing is lost before perfection, the seller and not the one who intends to purchase it
bears the loss. T

Consideration in an option contract may be anything of value, unlike in sale where it must
be the price certain in money or its equivalent. t

The general rule regarding offer and acceptance is that, when the offeror has allowed the
offeree a certain period within which to accept the offer, the offer cannot be withdrawn as a
matter of right at any time before acceptance.

An option is a contract. It is a preparatory contract, separate and distinct from the main
contract itself (subject matter of the option) which the parties may enter into upon the
consummation of the option. T

The obligations under an option to buy is a unilateral obligation.

Ownership of the thing sold is not transferred to the vendee upon the actual or constructive
delivery thereof. f

A consideration of an option contract is just as important as the consideration for any other
kind of contract. t

An option without consideration is valid.

There is delivery when the thing sold is placed in the control and possession of the vendee.
T

If the thing is lost before perfection, the seller and not the one who intends to purchase it
bears the loss.

For a promise to sell to be valid, it must be supported by a consideration distinct from the
price.

Be that as it may, the offerer cannot revoke, before the period has expired, in an arbitrary or
capricious manner the offer without being liable for damages.

If the thing is lost after delivery, the buyer bears the risk of loss following the general rule of
res perit domino.

In an option to buy, the party who has an option may validly and effectively exercise his
right by merely notifying the owner of the former’s decision to buy and expressing his
readiness to pay the stipulated price.

A unilateral promise or offer to sell or to buy a thing which is not accepted creates a
juridical effect or legal bond.

The deed of option or the option clause in a contract, in order to be valid and enforceable,
must, among other things, indicate the definite price at which the person granting the
option is willing to sell. T
Before acceptance, the offer cannot be withdrawn as a matter of right.

Should fungible things be sold for a price fixed according to weight, number, or measure,
the risk shall not be imputed to the vendee until they have been weighed, counted, or
measured, and delivered, unless the latter has incurred in delay.