1.

A contract of sale is consensual, bilateral, onerous, preparatory…

FALSE. It is not a preparatory contract.

2. When the consideration is partly in money and partly in kind…

TRUE

3. A bilateral promise to sell is binding as an executory agreement of sale.

FALSE

4. A unilateral promise to sell is binding as a contract of sale if a separate consideration

independent of the price is given.
FALSE – It shall be binding as a contract to sell.

5. A conditional contract of sale may be an executed contract or an executory contract.

TRUE

6. Things under resolutory condition of destruction may be objects of a valid sale.

TRUE

7. Sale of a losing lotto ticket for a past draw date is necessarily void because the hope of winning
is vain.
FALSE – It can still be a valid contract of sale as the ticker is for a past draw date and the lawyer
is expected to have knowledge of the winnability of the said ticket.

8. Sale of inheritance before partition is void because the heir could not pre -determine what he
will receive after the partition proceedings.
FALSE. The heir can sell his interest in the inheritance and the buyer shall acquire such character
of the seller as an heir.

9. Subsequent acquisition of a title by a vendor without title validates the sale even if the
acquisition depends upon contigency.
TRUE

10. If a third person tasked to fix the price of the sale refuses to fix the price, the court may fix the
price.
FALSE – The court may fix the price only when the third person designated to fix the price acted
with malice or bad faith.

11. If the price is simulated, the sale shall be considered a donation.

FALSE – It shall not be automatically considered as donation because the said intention must be
sown first.
12. The sale may be rescinded if the inadequacy of the price results in lesion by more than 1⁄4 of
the value of the thing sold by the owner.
FALSE. This provision is applicable only to a ward or an absentee.

13. By agreement, an option money may be considered part of the purchase price should the buyer
exercises the option to buy.
TRUE

14. A verbal sale of a parcel of land by an agent is valid provided that his authority to sell is in
writing.
TRUE

15. A contract of sale is perfected where the acceptance was made of difference from the place of
offer.
FALSE. Art. 1319 The contract of sale is perfected from the time of knowledge of acceptance of
the offer.

16. The deterioration of the thing sold at the time of perfection may render the contract
inoperative.
TRUE

17. If the loss of the thing sold at the time of perfection was by fault of the seller, the sale shall still
be valid.
TRUE

18. (Can't see the question)

FALSE – The risk is borne by the seller.

19. The expenses of execution and registration of the sale are borne by the seller.
TRUE

20. Before the fall of hammer in an auction sale, a bidder may retract his bid but the auctioneer
could not withdraw the goods from the sale.
FALSE. A bidder may retract his bid; and THE AUCTIONEER MAY WITHDRAW THE GOODS FROM
THE SALE UNLESS THE AUCTION HAS BEEN ANNOUNCED TO BE WITHOUT RESERVE. (Art. 1476
(2)

21. In a sale of a car, the vendor can cancel the sale if the vendee fails to pay the first installment.
FALSE. The vendor can cancel the sale, should the vendee's failure to pay cover two or more
installments. (Art. 1484)

22. A legally separated husband may sell a car to his wife.

 TRUE

23. A sale between persons in trust relations is necessarily void.

FALSE – Only the sale of properties in trust will be considered void.