Sales Exam

Instruction:
In each of the following questions, answer it by explaining briefly and concisely,

citing your legal basis. A mere “Yes” or “No” answer will not be given credit.
Write your answers in a composition notebook. Submit it at our Law Office (Pic-it.
Gumabol. Astudillo Law Offices) not later than 5 o’clock in the afternoon of January 06,
2020 (Wednesday). Answer each question independently.
1. A conjugal property is sold by one spouse without the consent of the other
spouse. What is its effect in the contract of sale?
2. What is the status of a contract entered into by minors without their legal
representative?
3. The certainty of the price is an essential element of the contract of sale. What is
the effect if there is no specified amount stipulated as purchase price?
4. What is the effect to the contract of sale if the price stipulated therein are based
on mere estimates?
5. A contract of sale was notarized by one who was not a real notary public, does
this affect the validity of the contract of sale?
6. A contract of sale of a lot stipulates that the “payment of the full consideration
based on the survey shall be due and payable in five (5) years from the
execution of a formal deed of sale”. Is this a conditional contract of sale?
7. “A” and “B” are husband and wife. The court issued an order for the judicial
separation of property between them. Subsequently, “A”, the husband sold all
his property to “B”. What is the status of the contract of sale entered into
between “A” and “B”?
8. “X” and “Y” are living together as husband and wife without the benefit of
marriage. X sold his property to “Y”. What is the status of the sale?
9. Attorney “M” acquired his client’s property as payment for his legal services,
then sold it and as a consequence, obtained an unreasonable high fee for
handling his client’s case. Did he validly acquire his client’s property?
10.What is the “mirror doctrine” in the law on sales?
11.Buyer made a written offer to Seller regarding the purchase of the latter’s
property. When the first offer of Php500,000.00 was rejected, Buyer made a
second offer which is likewise rejected. Undaunted, Buyer made a written offer
for Php600,000.00 with a check for Php100,000.00 as earnest money. The last
written offer contains the handwritten annotation “received original (9-4-89)”
beside the signature of the Seller. Is there a perfected contract of sale between
the Buyer and the Seller?
12.S sells to B a 500-square meter portion of the second floor of a building which
is yet to be constructed. Is there a perfected contract of sale?
13.In the absence of stipulation, may the seller of real estate keep the earnest
money to answer for damages in the event that the sale fails due to the fault of
the prospective buyer?
14.Pedro sold to Maria, his common-law wife, a parcel of land and because of the
Sale, Maria obtained a certificate of title in her name. Maria later sold the land
to Zandro, who, at the time, was not aware of the relationship of Pedro and
Maria. Pedro now seeks to recover the lot from Zandro on the ground that the
previous sale of the property to Maria is null and void. Will the action prosper?
15.Benjie sold his land to Cris who began to possess it. Darwin, a stranger, sold the
same land, unauthorized by anyone, and in his own name to Enrico, who
registered the same in good faith. Who owns the land, Cris or Enrico?
16.Angelo sold his land to Banjo. Later, Angelo sold the same land to Crisanto.
Banjo in turn sold the same to Donato, who took possession of the land.
Crisanto, a purchaser in good faith, registered the land in his name. who is now
the owner of the land, Crisanto or Donato?
17.Does the vendee have the right to pay the balance of the purchase price for the
unpaid installments in a sale involving realty even after the expiration of the
agreed period?
18.Seller sells to Buyer a parcel of land under a notarized deed of sale. On the
same day and along with the execution of the deed of sale, the parties executed
a separate instrument, denominated as “Right of Repurchase” granting Seller
the right to repurchase the lot within ten years. Seller later offered to redeem but
Buyer refused. Is Seller entitled to compel Buyer to resell the lot on the basis of
the “Right of Repurchase”?
19.What is the effect of partial payment of the price and the entry into the land by
the buyer in a case of oral sale of land?
20.Buyer bought on installment a residential subdivision lot from Seller, but after
the 5th year, was unable to make further installments. Can Seller cancel the sale
unilaterally, or must he go to court to obtain rescission? Is Buyer entitled to a
refund?
21.Ramon is the owner of a parcel of land. In order to secure a loan, he mortgaged
a portion thereof to a bank which foreclosed the mortgage upon failure of
Ramon to pay the loan. Title was later acquired by the bank which then sold the
land to Pablo. Ramon, on the other hand, sold the unmortgaged portion to Juan.
Can Pablo claim the right of legal redemption?
22.Pedro is the registered owner of Lot No.1 which is an agricultural land.
Adjacent to Pedro’s lot is Lot No.2 with an area of 3,500 square meters owned
by Quintin. Unknown to Pedro, Quintin sold Lot 2 to Rustico for the sum of
Php150,000.00. Pedro learnedof the sale only when Quintin sold to him Lot
No.2 which is also adjacent to Lot No.1. Forthwith, Pedro sent a letter to
Rustico signifying his intention to redeem the lot. Thereafter, he sent another
letter to Rustico tendering payment of the price he paid to Quintin for Lot No.2.
is Pedro entitled to redeem the lot?
23.Explain the maxim “res perit domino”.
24.Discuss the rights available for the buyer in a contract of sale.
25.What is the applicability of the Maceda and Recto laws in the law on sales?
Give the most important features of each law.

Sales Exam

Uploaded by

Copyright:

Available Formats

Sales Exam

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Sales Exam

Uploaded by

Copyright:

Available Formats

Instruction:

In each of the following questions, answer it by explaining briefly and concisely,

You might also like