The terms of the contract
In the
contract of purchase must include the following elements:
CONSENT
OF THE PARTIES, is the agreement and its acceptance. The parties to the contract
are the seller and the buyer. Now, there are many vicissitudes about who sells
and who buys. Thus can be a seller or buyer a natural person, legal entity,
partnership, undivided successions and co-owners.
At this
point we will cover the issue when the seller is a legal person.
When you
have a legal person (companies or associations) as a seller, what must first be
verified is that the legal representative has the authority to sell (sell) the property
transfer subject. That is, it is not enough to be a legal representative of the
legal person, but you must have the power to transfer ownership of the
property, otherwise the sale-purchase would be a null act.
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It is
important to note that many times when it comes to companies or associations,
it is always necessary to review the status of the company or association,
because the statutes sometimes designate for a transfer of property to two or
more representatives, may be in the Case of commercial companies to the general
manager and financial manager or administrative manager or to the president of
the directory or another indicated.
In an
association, the designee is the chairman of the board together with another
board member, secretary, treasurer, or manager. However, we caution that when
it comes to transfers of land belonging to an association you have to be very
careful, we must also request the book of associate register where the
transferente is recorded as an active partner and verify the payments of the
fixed and extraordinary assessed contributions By the assembly. And preferably
to this verification a letter issued by the Association stating the
authorization of the transfer.
The document that materializes this situation is
the validity of power that is granted by the registry of legal persons of the
Public Records and has a validity of 30 days.
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