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Buyer
2. Seller is unpaid
–not completely paid or received negotiable
instrument under a condition and condition has been
breached by reason of dishonor
3. Physical possession is with seller
2021 Slide Number 2
Four Main Rights of an Unpaid Seller
1. Possessory lien
2. Stoppage in transit
3. Special right of re-sale
4. Special right to rescind
b. buyer or agent lawfully obtains possession of goods
c. Waiver
When goods no longer in transit
Reached point of destination
Before reaching destination, buyer met seller along the way
Goods are supposed to have been delivered to buyer
but carrier refused
2021 Slide Number 6
How do you exercise Stoppage in Transitu
when Buyer is Insolvent?
a. Obtain actual possession of goods
Requisites:
1. Expressly stipulated
2. Buyer is in default for unreasonable time
3. Notice needed to be given by seller to buyer
2021 Slide Number 9
GENERAL RULE
REMEDIES OF BUYER
(2) Cancel the sale, should the vendee's failure to pay cover
two or more installments;
REMEDIES OF SELLER
1. Anticipatory breach
Seller has reasonable grounds to fear
loss of immovable sold and its price
- sue for RESCISSION
2. Non –payment of price
- RESCISSION
2021 Slide Number 15
Remedies in the Sale of Immovables
REMEDIES OF BUYER
1. Disturbed in possession or with reasonable grounds to fear
disturbance
- SUSPEND PAYMENT
2. In case of subdivision or condoMINIUM projects of real
estate developer fails to comply with obligation according
to approved plan:
a) RESCIND
b) SUSPEND PAYMENT UNTIL SELLER COMPLIES
• buyer required only to give due notice to the owner or developer of the
project. Signify buyer’s s intention to suspend payment.