Practical guide · 2026-11-30
Contract claims for breach of a promise of sale and of a sale of land
A promise of sale does not transfer title. A sale of land is perfected by public deed and completed by recording. When either is breached, the path is contract liability: performance, termination, and damages. Article 1546 and article 1611 of the Civil Code, read with the Civil Cassation Chamber, keep the case out of the wrong docket.
Two contracts, two formalities
A promise is a formal contract (art. 1611): writing, parties, a determined promised contract, and a time or a condition that is not purely potestative. The Court has held promises void for want of a time or for a purely potestative condition (SC5690-2018; SC3666-2021). A land sale requires a public deed and recording. A promise is not title. A deed not recorded is not conveyance.
The performing party, or the party who tendered performance, may seek performance or termination, with damages (art. 1546). Appear on the day of the deed with the money or the papers, and leave a record. Pre-suit civil conciliation (Law 2220) applies unless an exception does.
How I can help
I served as Judicial Procurator II in civil matters. These cases are decided on the registry extract and the notary’s record. WhatsApp +57 318 887 7711.
Sources
Civil Code arts. 1546, 1611, 756. Law 2220 of 2022. Supreme Court, Civil Chamber, SC5690-2018, SC3666-2021, SC490-2024.
This text is general information, not legal advice on a particular case.
Ronald Valencia
Avenida Calle 127 # 14-54, Oficina 610 A, Usaquén, Bogotá D.C.
WhatsApp 318 887 7711