Seller's guarantee of exposure and entitlement to the sold property

Abstract

his research addresses a fundamental topic in real estate sales contracts: the seller's guarantee against exposure and entitlement. This guarantee represents a legal obligation incumbent upon the seller to ensure that the buyer can benefit from the sold property without dispute from third parties or the seller himself. The research aims to clarify the concept of this guarantee, its legal basis, types, and effects, as well as the conditions for claiming it. It focuses on its applications in civil law, particularly in Arab legal systems. The guarantee against exposure and entitlement represents the seller's commitment not to expose the buyer personally, and to protect third parties from exposure if the property is based on a legally established right. Meanwhile, the guarantee against entitlement requires the seller to compensate the buyer in the event that the property is expropriated, in whole or in part, pursuant to a final court ruling establishing a third party's right to the sold property. Given the many problems related to real estate, which are often caused by a lack of legal awareness and understanding of how to own the sold property and the legal methods available to those working in this field and those wishing to invest in it, I have prepared this modest study. The aim of this study is to shed light on the guarantee that falls on the seller. Therefore, the Iraqi, Egyptian and Lebanese legislators were keen to provide guarantees and obligations for the real estate sale contract that fall on both parties, with the aim of achieving a balance between the interests of the seller and the buyer. This matter contributes to spreading reassurance in transactions and enhances development in the field of real estate investment. Among these guarantees are those related to the seller, such as a guarantee of personal exposure or legal exposure issued by a third party against the buyer, as well as a guarantee of entitlement to the sold property, whether it is a full or partial entitlement.