Essay Flashcards

Facts: A owner of a parcel of land sells to B. The deed provides: “This sale is subject to a condition that the entire purchase price be paid within two years from the date of this contract; if the buyer fails to pay the full price within that period, ownership shall revert to the seller.”
(a) Identify the kind of condition involved and explain how it operates in terms of suspensive vs. resolutory and its effect on title.
(b) Classify the condition as potestative or non-potestative, and justify your answer with the governing rule.
(c) Suppose the buyer pays the full price within the two-year period. what is the effect on the conditional clause and on the transfer of title? Conversely, if the buyer fails to pay within the period, what happens to ownership and to the land title?