LA OPCIÓN DE COMPRA EN EL TRÁFICO INMOBILIARIO: ANÁLISIS JURISPRUDENCIAL Y EFECTOS REGISTRALES.

Abstract

A purchase option is an agreement stating that one party, the option holder, holds a right that he or she undertakes to exercise pursuant to certain conditions, and the other party, the option granted, undertakes to keep the offer open for the accorded time and therefore to maintain his or her consent to the conclusion of the purchase during that time. In this article, an analysis is given of the concept, requirements and elements of purchase options. The types of guarantees established by law for use in business are insufficient. They fail to meet the kinds of new needs that have arisen of late. This paper looks at purchase options as a sort of guarantee that takes place when a lender and a borrower arrange for the lender to have an option to purchase real estate belonging to the borrower as security for the discharge of a primary obligation (usually a loan). Next, the paper analyzes purchase options, alluding to their legal nature and transferability. Lastly, it explores the registration-related points of purchase options, their requirements and the effects stemming from registration.