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Free Books / Real Estate / Real Estate Law And Practice / | ![]() |
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Chapter VII. As To The Effect Of The Contract On The Rights Of The Parties |
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This section is from the book "A Compendium Of The Law And Practice Of Vendors And Purchasers Of Real Estate", by J. Henry Dart. Also available from Amazon: A compendium of the law and practice of vendors and purchasers of real estate.
1. Purchaser entitled to estate, and vendor to purchase-money.
2. Purchaser's general rights under contract as against vendor.
3. Vendor's general rights under contract as against purchaser.
4. Bights of vendor and purchaser, inter se, not affected by death, bankruptcy, etc, of either party.
5. Death of vendor before completion, - its effect on relative rights of his real and personal representatives, under old, and under new Law.
6. Death of purchaser before completion, - its effects on relative rights of his real and personal representatives, under old, and under new Law.
7. Effect of contract in various special cases.
(1.) From the time of the owner of an estate having entered into a binding agreement for its sale, he holds the same in trust for the purchaser, subject to payment of the purchase-money; and if the agreement be binding on the purchaser, he, on the other hand, is, as a general rule, under a personal equitable, as well as legal, liability to the vendor for payment of the purchase-money (a).
And the agreement equally binds the estate, although the vendor be a trustee, or a mere donee of a power of sale, instead of absolute owner.
Purchaser entitled to estate, and vendor to purchase-money.
Although vendor be a trustee, or donee of power.
(a) See Green v. Smith, 1 Atk. 572 Toft v. Stephenson, 7 Ha. 1.
 
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abstract, agreement, purchase, conveyance, vendors, rights, sales, performance, deeds, incumbrances, purchasers, breach of contract, contracts, real estate
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