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Philippine Bar review · Question

Practice question: Contract of Sale vs. Contract to Sell

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Practice question

A party argues that the words 'earnest money' on a receipt necessarily prove an already perfected contract of sale, regardless of the parties' actual conditional arrangement. Explain the qualification recognized in Chavez v. Spouses Gopez. Do not decide forfeiture or any installment-buyer remedy.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 1482.
  • https://lawphil.net/judjuris/juri2025/feb2025/gr_242366_2025.html — Chavez v. Spouses Gopez, GR 242366, February 26, 2025, main decision.

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