Also known as: emptio-venditio · emptiovenditio · contract of sale
Written by attorneys · grounded in primary & secondary sources — see below
A consensual contract of sale in Roman law that arises from the mere agreement of the parties without any formal or symbolic acts performed to fix the obligation.
Pompey located a buyer for the villa and secured an executed purchase contract at the listed price with proof of funds. The parties reached agreement on all terms through their conduct and writings. The resulting emptio venditio entitled the broker to its commission once the buyer met the seller's conditions.
Gaius and Lucius discussed the sale of the farm over drinks and wrote the price and terms on a wax tablet. Their outward manifestations showed agreement to exchange the land for the stated amount. The emptio venditio bound both parties despite later claims of jest.
Titus responded to the merchant's public notice offering togas for one denarius on a first-come basis. His tender of payment matched the advertised terms exactly. The emptio venditio formed upon acceptance, obligating the merchant to sell at the stated price.
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Marcus purchased a chariot from a dealer who had obtained it from the maker. The chariot contained a latent wheel defect that caused injury. The emptio venditio between buyer and seller carried implied obligations regarding the vehicle's condition.
Quintus bought a new chariot from a dealer under a standard sales tablet containing warranty disclaimers. The vehicle had manufacturing defects that caused an accident. The emptio venditio triggered implied warranty protections that could not be fully disclaimed.
Aulus negotiated to purchase controlling shares in a societas from Brutus. The parties exchanged writings setting price and quantity terms. The emptio venditio became binding once mutual assent on the essential elements appeared.
None. The contract arises solely from the consensus of the parties. Informal consent alone suffices to create the obligation.
Emptio venditio requires only agreement. A real contract needs delivery of a thing in addition to consent.
No. The writing may evidence the agreement but is not required. Mutual assent through words or conduct is enough.
The broker earns the commission upon producing a buyer ready willing and able to purchase on the seller's terms or upon execution of the contract of sale.
No. The seller may not refuse in bad faith to complete the transaction and then deny the broker its commission.
…Terminal site enjoyed a tax exemption,[^maj-19] remained suitable for its present and future uses, and was not the subject of a contract of sale, there were no further administrative remedies available to appellants as to the Breuer I and Breuer II Revised plans. See n. 13, supra. Further, appellants did not avail themselves of…