Recently, Ms. Hu from Zhumadian, Henan Province encountered an outrageous thing, the house she bought with money was renovated, and she found that several strangers lived in the house and lived a comfortable life in it.
The person who moved in said that she also bought the house herself, and it cost a total of 80,000 yuan, which was earlier than Ms. Hu. The house is suspected of being sold twice, and the reporter inquired with the relevant management department afterwards, only to find that the developer who sold the house to the two did not have any relevant qualifications, and suggested that the two people should file a lawsuit to decide the ownership of the house, and many parties are currently negotiating the matter. (*Xiaoli helps).
In recent years, there have been endless incidents of one house and two sales, how to protect their legitimate rights and interests in this case? In addition to the developer's involvement in economic crimes, civil disputes between home buyers** cannot be handled, and there are generally the following three situations:
1.The developer has signed a contract with the two people, and the first one to buy has gone through the registration procedures:
In this case, both contracts are valid, because the house has been registered in the hands of the first buyer, and the developer later sells it as "someone else's property", which is not entitled to dispose of it, it should be noted that according to the Civil Code, the contract of sale is still valid because it has no right to dispose of the contract, but because it cannot be performed (transfer), the later buyer should claim the liability for breach of contract from the developer.
2.The developer went through the registration procedures with the buyer:
In this case, since the later purchaser has already registered, the first purchaser can claim liability for breach of contract against the developer.
3.Neither purchase has been registered
In this case, both sales contracts are valid, and the ownership of the house can be determined according to the order in which the contracts are concluded. That is, the first buyer can require the developer to fulfill the registration obligation, and the later buyer can claim compensation for breach of contract from the developer.
In this case, it is the most special, even the developer is not qualified to sell the house, which may involve some illegal operations, and it is necessary to see the follow-up report.
According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commodity Housing, if the purpose of the contract for the sale and purchase of commercial housing cannot be realized, the buyer who is unable to obtain the house may request to terminate the contract, return the purchase price and interest paid, compensate for losses, and may request the seller to bear the liability for compensation not exceeding one time of the purchase price paid: (1) After the conclusion of the contract for the sale and purchase of commercial housing, the seller mortgages the house to a third party without informing the buyer; (2) After the conclusion of the contract for the sale and purchase of the commercial house, the seller sells the house to a third party. ”
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