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The General Directorate of Legal Security and Public Faith has ruled that the request for cancellation of a resolutory condition via private instance with notarized signature is valid, provided the original purchase deed is attached (Hechos I). The registrar had denied the cancellation by requiring a public deed, but the resolution confirms there is no obstacle to using a private instance if the title governing the condition allows such a method (Hechos II).
For purchasing companies (such as Altanea Playa, S.L. and Kiliriki Casa, S.L. in this instance), registry management is simplified by allowing the cancellation of deferred price guarantees without the mandatory requirement of a new public deed, thereby reducing notary costs (Facts I). The registrar must accept a private application if payment is proven and the sale deed containing the power of unilateral cancellation is provided (Facts II).
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