S sold to B a parcel of land with an area of 500 square meters at ₱2,000 per square meter. It turns out that the area is only 450 square meters. Has B the right to cancel or rescind the sale even if S is willing to accept a proportionate reduction of the price, or only ₱900,000?
Question
S sold to B a parcel of land with an area of 500 square meters at ₱2,000 per square meter. It turns out that the area is only 450 square meters. Has B the right to cancel or rescind the sale even if S is willing to accept a proportionate reduction of the price, or only ₱900,000?
Solution
In this scenario, B has the right to cancel or rescind the sale due to the discrepancy in the area of the land. Here are the steps to understand why:
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Determine the agreed-upon price: The agreed-upon price for the land is ₱2,000 per square meter.
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Calculate the original total price: Multiply the agreed-upon price per square meter (₱2,000) by the original area of the land (500 square meters). This gives us a total price of ₱1,000,000.
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Compare the original area with the actual area: The actual area of the land is only 450 square meters, which is 50 square meters less than what was agreed upon.
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Assess the impact on the price: Since the area is less than what was initially agreed upon, B has the right to cancel or rescind the sale. S's offer of a proportionate reduction in price, or ₱900,000 (₱2,000 x 450 square meters), may not be sufficient to compensate for the discrepancy.
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Consider legal rights: B can exercise their right to cancel or rescind the sale, even if S is willing to accept a proportionate reduction in price. The discrepancy in the area of the land affects the terms of the agreement, and B has the right to seek a resolution that is fair and in line with the original agreement.
In summary, B has the right to cancel or rescind the sale due to the discrepancy in the area of the land, even if S is willing to accept a proportionate reduction of the price.
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