In today's increasingly prosperous real estate market, it is not uncommon for a house to be sold. This not only harms the interests of home buyers, but also brings a lot of troubles to judicial practice. So, how to determine the validity of the contract of commercial housing sold by one house? This article will focus on the following aspects**.
1. What is the number of houses to sell.
As the name suggests, the sale of a house refers to the act of a seller of a house entering into a contract for the sale and purchase of a house with two or more buyers, resulting in the same house being involved in multiple sales relationships. This is often the case in the housing market
2. Principles for determining the validity of contracts for the sale of commercial housing for the number of houses.
1.The principle of protecting the interests of the non-breaching party.
In the case of a house being sold for several units, the principle of protecting the interests of the non-breaching party is particularly important if all contracts meet the requirements for validity. According to this principle, a buyer who has performed the contract or has been registered should have priority in acquiring ownership of the house.
2.The principle of maintaining trading order.
When determining the validity of a contract for the sale of a number of houses, the order and security of real estate transactions should be maintained. Contracts that maliciously collude and harm the lawful rights and interests of others shall be found to be invalid.
3.The principle of fairness and reasonableness.
When dealing with disputes over the sale of a house, the principles of fairness and reasonableness should be followed, the interests of all parties should be balanced, and unnecessary losses and disputes should be avoided.
3. Specific determination of the validity of the contract for the sale of commercial housing for the number of houses.
1.When all contracts have not been registered and there is a sequence of performance, the principle of protecting the interests of the non-breaching party shall be implemented. According to this principle, a buyer who has performed the contract or has been registered should have priority in acquiring ownership of the house. In the case that the order of performance is difficult to determine, it can be comprehensively judged according to factors such as the time of establishment of the contract and the time of payment.
2.If each contract has not been registered and there is no order of performance, it may choose to determine that one of the contracts is valid according to the actual situation, and require the seller to bear the corresponding liability for breach of contract. In this way, the interests of all parties can be balanced and unnecessary losses and disputes can be avoided.
3.When determining the validity of a contract for the sale of a number of houses, attention should be paid to examining whether there is malicious collusion or damage to the legitimate rights and interests of others. If such circumstances exist, the contract shall be deemed invalid. At the same time, in the case of a malicious breach of contract by the seller, the interests of the non-breaching party may also be protected by means such as determining the invalidity of the contract or rescinding the contract according to the specific circumstances.
4.When dealing with disputes over the sale of a number of houses, attention should also be paid to reviewing the validity of each contract. If each contract meets the requirements for validity, one of the contracts may be deemed valid according to the actual situation; If there is an invalid contract, it shall be determined and dealt with in accordance with the provisions of the law.
To sum up, the determination of the validity of a commercial housing contract for the sale of a number of houses is a complex issue, which requires comprehensive consideration of multiple factors. In practice, the principles of protecting the interests of the non-breaching party, maintaining the order of the transaction, and fairness and reasonableness should be followed, and the appropriate identification method should be selected according to the specific circumstances, so as to balance the interests of all parties and maintain the normal order of the real estate market. At the same time, acts of malicious collusion and harm to the lawful rights and interests of others should be resolutely cracked down on and sanctioned.