If the Supreme People s Court encounters two sales of one house, it should do so as soon as possible

Mondo Social Updated on 2024-02-21

Author: Lawyer Zhou Jun.

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For the average family, buying a house is a big investment, and if you encounter two sales of one house, it will be very troublesome, and you will have to bear huge economic losses if you don't handle it well.

So, who owns the house when it is sold for two houses?

Because real estate is immovable property, in accordance with the relevant provisions of the Civil Code, if the real estate is changed and registered, the real right will take effect. To put it simply, after the transfer of the property, the property rights have been transferred, and the seller has no right to do it again, even if it signs a contract to sell the house with a third party, it is invalid because it has no right to dispose of it.

However, there are exceptions, that is, if the later purchaser knows or should know that the house has been purchased and maliciously preemptively registers the house, the real estate right is still enjoyed by the first purchaser.

There will always be a period of time between the signing of the purchase contract, the payment of the price and the transfer of ownership, sometimes even a long time, during which if the seller and different buyers have signed two or more "real estate sales contracts", there will be more than one buyer claiming the right to the real estate, according to the provisions of the Civil Code, the order of property rights in this case is generally handled according to the following rules:

1.The first to legally occupy the property.

After the purchase contract is signed, the house is legally occupied, and the act of possession has obvious publicity and credibility effects, and can produce an effect against a third party, so the legally occupied buyer has the highest priority.

2.The first to pay.

If none of the buyers occupy the house, the buyer who pays the price first shall take ownership of the subject matter, and the ownership of the property shall be determined in the order in which the price is paid, regardless of the price paid by the buyer.

3.The contract was concluded first.

If the buyer does not take possession of the property and pay the price, the buyer who first signs the contract of sale takes ownership of the property.

Therefore, if a contract has been signed for payment, it is necessary to take legal possession of the property as soon as possible. Holding proof of payment of property fees, water, electricity, gas and other expenses can effectively prove legal possession, so as to ensure that the property belongs to you.

How should buyers prevent the risk of selling one house and two sales, **The next part of the Supreme Court: Try to do this when buying a house, completely put an end to the sale of one house and two houses, and strictly prevent the risk of property rights disputes! Elaborate.

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