The Situation of Horace and Wynona Essay Example | Topics and Well Written Essays - 1750 words

The Situation of Horace and Wynona - Essay Example Further, the parking lease of Nicola is for ten years and according to the section for where a lease for more than seven years is granted, it is compulsory for the title to be registered. Since Horace had failed to do so the title had, in fact, become defective. Also as the title has not been registered Simon would not be obligated to pay any rent to either his parents or to Pavel, Simon would also be able to claim that he has an ownership interest in the property as he is Horace and Wynona’s heir. Wynona is also entitled to take Horace to the court of law over questions regarding his ownership rights, as the title is unregistered and there is no single owner of the property, and since she has also made payments towards to the purchase of the property she is the real owner of the property and hence entitled to an equal share in the income generated from the sale. Under such big circumstances, where the property, which has been transferred, is in dispute any transfers so made a re not considered legal. Horace has also neglected to inform Pavel of any material defect in the contract, and by not doing so has failed to uphold his duties and obligations as a seller. Under such circumstances, Pavel may hold the sale to be void. It has also been established that the sale of the property by Horace to Pavel is a fraudulent one, therefore Pavel may either hold the sale as void or may sue Horace for damages. On his part, Pavel failed to exercise due care and did not inquire about the title.