7: Revocable Sale

11:14 - 2016/01/02

Q1552: An item of merchandise was sold by way of revocable sale. Has either the vendor or the buyer the right to sell it to a third party before the buyer takes delivery of the goods?

A: After the materialization of the revocable sale, the ownership of the goods should belong to the buyer, as long as the contract is not revoked. Accordingly, the vendor has no right to sell the goods to a third party unless he revokes the contract of the first sale. Also, the buyer has the right to sell the goods to another person after the agreed period of exercising that right has ended, even if he did not take delivery of such goods, provided that the seller had not revoked the sale during the said period.