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At present, domestic second-hand housing transactions are also quite common. Some people have paid the house payment after signing the "House Sales Contract" with the original owner, but the transfer procedures have not been completed. However, at this time, expropriation and demolition occurred. This situation is not particularly magical, but a real reality. So, in this case, can the demolition be compensated?

Article 9, paragraph 1, of the "Property Law of the People's Republic of China" stipulates: "The establishment, change, transfer and elimination of real estate rights will become effective after being registered in accordance with the law; without registration, it will not be effective, except as otherwise provided by the law." Although the two parties signed the "House Sales Contract" and paid the full purchase price to the seller as agreed in the contract, the buyer did not actually obtain the ownership of the purchased house, although it actually occupied, used and benefited from it and registered the change of house ownership with the real estate management department.

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According to Article 28 of the Property Law of the People's Republic of China, "The establishment, change, or elimination of property rights due to legal documents of the people's court, arbitration committee, or expropriation decisions of the people's government shall take effect when the legal documents or expropriation decisions of the people's government take effect." The buyer has been unable to obtain the property rights of the purchased house because the property rights of the purchased house have been extinguished due to demolition.

Therefore, the house expropriation compensation agreement on state-owned land signed by the seller and the local competent department is legal and valid, and the buyer has no right to sign any compensation agreement, which is also invalid. In a sense, the contractual rights in the seller's demolition compensation agreement are the consideration for the house and land use rights sold to the buyer. What does this sentence mean? In short, the benefits obtained by the seller through demolition are the benefits that need to be paid to the buyer in the house sales contract. In other words, the demolition compensation is used to offset the house ownership and land use rights that cannot be transferred in the house sales contract.

The compensation fee for demolition of the permitted house and the corresponding land use rights specified in the demolition agreement shall be enjoyed by the buyer. The seller has no right to duplicate compensation fees because it has sold the expropriated subject matter and collected the purchase price.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult a lawyer on this site for one-on-one online consultation.