Contract of Sale Distinguished from Contract to Sell

Contract of Sale

Contract to Sell

- passes to the buyer - remains with the upon delivery of the seller until full thing sold. payment of the agreed price. Payment - non-payment of the - full payment is a positive suspensive of price: price is a negative resolutory condition, condition, the failure and the remedy is to of which is not a exact fulfillment or to breach, casual or rescind the contract. serious, of the contract but simply an event that prevents the obligation of the vendor to convey title from acquiring binding force. - title remains in the Ownership- vendor loses and vendor until full of vendor: cannot recover ownership of the thing payment of price. sold and delivered, actually or constructively until and unless the contract of sale itself is resolved and set aside.

Transfer of title: