Demand for Conditions to Executive – Property Sale Dispute

Posted on Sep 4, 2024 in Law & Jurisprudence

Demand for Conditions to Executive

Regarding Property Sale Dispute

Case of: Lord Judge vs. Mrs. …………

Introduction

This document outlines a demand for conditions to executive, filed on behalf of Mr. ……………., represented by his agent, against Mrs. …………, concerning a property sale dispute.

Facts

First: A promise of sale agreement was executed between Mrs. ………… and Mr. … … … … … on … … … …., witnessed and notarized. The agreement stipulated the sale of property located at …………………….., with specific boundaries defined.

Second: The parties agreed to finalize the sale and sign the deed on ……….. day of …… ………., at the Notary ……………. Circle …………………

Third: A partial payment of ………………. was made by the defendant upon signing the promise of sale agreement. The remaining balance of ……………………. was due upon signing the final deed.

Fourth: On the agreed upon date, the defendant failed to appear at the Notary ……… of …………….. ………. to sign the deed.

Fifth: As a result, the signing of the deed was adjourned and certified in the presence of the plaintiff’s representative.

Sixth: Due to the defendant’s failure to fulfill her obligation, a penalty clause as stipulated in Article … … of the promise of sale agreement is invoked.

Claims

The following claims are made on behalf of the plaintiff:

  1. The defendant must execute and sign the Deed of Sale for the property in question within three days of the court’s decision.
  2. The defendant must pay the penalty clause amount of …. …………… to the plaintiff.
  3. The defendant must cover the plaintiff’s legal costs.

Legal Basis

This claim is based on Articles 1495, 1502, 1610 of the Civil Code and Articles 75, 76, 77, 82, 84, 488, 489, 490, 493, 495, 497, 500, 501, 503, and 506 of the Code of Civil Procedure.

Evidence

The following evidence is submitted:

  • Certified copy of the Promissory Purchase-Sale agreement.
  • Copy of public deed No. ………. of the …….. ………… …….. the Notary of ……………. ..
  • Property Registration No. ……………. of ……………… of ………….. of ………….. …………….. of the Notarial …… of this Circle.

Annexes

Attached are documents related to precautionary measures, copies of the court file application, evidence documents, and copies of the transfer application.

Jurisdiction and Amount

This case falls under the jurisdiction of the ……………….. court due to the location of the parties, the place of contract fulfillment, and the amount involved.

Notices

Plaintiff’s address: … … .. … … …. of this city.
Defendant’s address: … ……………. …. of this city.
Secretary’s address: … ………….. this city.

Respectfully submitted,

…………………………..
CC No. ………….. … .. of ……………..
TP No. ………………… CS of the J.