Author: Lawyer Zhou Jun.
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Mr. Zhang bought a house, and due to the large amount of money for the house, Mr. Zhang applied for a house loan from the bank after paying the deposit and down payment. After the loan was completed, Mr. Zhang hurriedly went to the housing authority to handle the transfer, but was told that someone had already applied for the transfer of the property and was in the process of processing. What's going on?Unfortunately, Mr. Zhang suffered from "one house and two sales".
The so-called "two sales" refers to the sale of the same specific house to two different buyers by the seller successively or at the same time through two sales contracts.
For the average family, buying a house is a big investment, if you encounter a house and two sales, there will be a great risk, and if you don't handle it well, you will have to bear huge economic losses.
So, if you come across a house for sale, who owns the house?What can I do to make sure it belongs to me?
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, if the later purchaser knows or should know that the house has been purchased and maliciously preemptively registers it, the right to the property 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 order of 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, it is necessary to preemptively occupy the property and pay the full amount as soon as possible to ensure that the property belongs to you.
So how should buyers prevent the risk of selling one house and two houses, **The next part will be detailed.
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