Sales and Purchase Agreement on Mortgage-Bound Land in Padang City

Dina Fadhilah, Kurnia Warman, Jean Elvardi

Abstract


The research objectives are to: 1) find out the process of making a sales and purchase agreement for mortgage-bound land, 2) find out the implementation of the contents and resolution of the agreement when dispute in implementing the sales and purchase agreement for mortgage-bound land occurs, 3) find out the notary liability if a dispute in the sales and purchase agreement for mortgage-bound land occurs. This research is an empirical juridical that applies a descriptive analytical approach. Dispute resolution of sales and purchase agreements whose objects are mortgaged can be carried out through several stages including: a deliberation and consensus process where the seller invites the buyer to resolve the issue by submitting the cancellation of the sales and purchase agreement and returning all costs of the sales and purchase agreement as before or ask the seller to seek approval from the mortgage holder. In carrying out the position, the notary must be based on accuracy, precision, and exactness. There are three notary liabilities that cover administrative, civil and criminal liabilities. In the case of a sales and purchase deed whose object is collateral in a bank, the notary does not provide legal counsel to the agreement to be made by the parties and does not provide advice based on confidence in the limits of ability and in the field the notary has mastered.


Keywords


Dispute Resolution; Sales And Purchase Agreement; Mortgage And Notary

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DOI: http://dx.doi.org/10.18415/ijmmu.v6i5.1073

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