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What is the legal validity of a property purchase agreement? - La Nacion Propiedades
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¿Qué validez legal tiene un boleto de compraventa de una propiedad?
Entender el alcance de este documento es clave para evitar conflictos y tomar decisiones informadas en una operación inmobiliaria
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October 31, 2025
Understanding the scope of this document is key to avoiding conflicts and making informed decisions in a real estate transaction.
The bill of sale is a widely used instrument, but its legal validity often raises doubts. Shutterstock
In the real estate market, the purchase agreement is a widely used instrument, but its legal validity often raises questions among buyers, sellers , and legal professionals. Is it sufficient to acquire a property ? What rights does it grant? Can it be enforced in court? To answer these questions, it is necessary to analyze its legal nature and the treatment it receives under the Civil and Commercial Code (CCC) in force since 2015.
A purchase agreement is a document typically signed before the final deed , outlining the essential terms of the transaction. In practice, many people take possession of a property with only the signed agreement, reinforcing the perception that "everything is already done." However, from a legal standpoint, the agreement does not transfer ownership of the property nor does it allow for registration of the property in the Land Registry .
The first thing to understand is that a preliminary sales agreement is a contract by which the parties commit to entering into a final sales contract in the future, usually formalized through a public deed. This agreement establishes the essential conditions of the transaction: price, payment method, deadlines, and a description of the property. Although it does not transfer ownership, it does create reciprocal obligations between the parties.
The purchase agreement does not transfer ownership to the buyer. Daniel Basualdo
It is important to emphasize that a purchase agreement does not transfer ownership . According to Article 1907 of the Civil and Commercial Code (CCC), acquiring ownership of real property requires a valid title and sufficient means of transfer. A purchase agreement does not meet these requirements, as it is not in the form of a public deed required by Article 1017 of the same code. Therefore, the agreement is not a valid title for registering the property in the Real Estate Registry.
One of the most important aspects of the purchase agreement is its enforceability against third parties , regulated in Articles 1170 and 1171 of the Civil and Commercial Code. If the buyer has taken possession of the property and acted in good faith, they can invoke their purchase agreement against precautionary measures taken by other creditors of the seller, and even in cases of the seller's insolvency or bankruptcy. This protection aims to prevent the buyer from losing the property due to conflicts beyond their control, provided they have fulfilled their obligations.
The purchase agreement is a valid and useful instrument in the process of acquiring real estate. Shutterstock
However, provided the purchase agreement meets all legal requirements and there are no registration or contractual impediments, the buyer can initiate legal action to demand the execution of the deed , especially if they have made the payment and taken possession of the property. Nevertheless, if the seller has sold the same property to another person who registered their ownership, the purchaser with the purchase agreement could lose priority if they lack possession or did not act with due diligence.
In summary, a purchase agreement is a valid and useful instrument in the real estate acquisition process , but it is not equivalent to a public deed nor does it transfer ownership. Its legal force lies in its capacity to create obligations, allow for the enforcement of a deed, and protect the buyer against third parties, provided the requirements of good faith and possession are met. To ensure legal certainty, it is recommended to proceed with the final deed as soon as possible and seek advice from specialized professionals.
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