Why is the contract of sale void because it violated Art. 1874, NCC, given that A asked B to sell his land to C, C accepted, and the deal was closed in writing?
Understand the Problem
The question presents a scenario where A asked B to sell A's land to C. B and C agreed to the sale and formed a written contract. The question asks why the contract might be void under Article 1874 of the New Civil Code (NCC). Article 1874 of the NCC generally requires that the sale of a piece of land or any interest therein must be in writing, and that the authority of the agent (in this case, B) must also be in writing; otherwise, the sale shall be void. The key here is whether B had written authority from A to sell the land.
Answer
The contract is likely void because B, acting as A's agent, needed written authorization to sell A's land to C, according to Article 1874 of the Civil Code.
Based on Article 1874 of the Civil Code, the contract of sale is likely void. Article 1874 states that when the sale of a piece of land or any interest in it is done through an agent, the authority of the agent must be in writing, otherwise the sale is void. B, acting as A's agent, needed written authorization to sell A's land to C for the contract to be valid.
Answer for screen readers
Based on Article 1874 of the Civil Code, the contract of sale is likely void. Article 1874 states that when the sale of a piece of land or any interest in it is done through an agent, the authority of the agent must be in writing, otherwise the sale is void. B, acting as A's agent, needed written authorization to sell A's land to C for the contract to be valid.
More Information
Article 1874 of the Civil Code aims to prevent fraud and protect the interests of landowners by ensuring clear and documented authorization for agents selling land on their behalf.
Tips
A common mistake is assuming that verbal or implied authorization is sufficient for real estate sales. Always ensure the agent has written authority.
Sources
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