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STARBRIGHT SALES ENTERPRISES v. PHILIPPINE REALTY CORPORATION

This case has been cited 1 times or more.

2015-01-28
DEL CASTILLO, J.
Since there is no perfected sale between the parties, respondent had no obligation to make payment through the check; nor did it possess the right to deliver earnest money to petitioner in order to bind the latter to a sale.  As contemplated under Art. 1482 of the Civil Code, "there must first be a perfected contract of sale before we can speak of earnest money."[35]  "Where the parties merely exchanged offers and counter-offers, no contract is perfected since they did not yet give their consent to such offers.  Earnest money applies to a perfected sale."[36]