Legal information

What is the best way to handle the sale of one house and two houses?

Disputes over the sale of one house and two houses should be handled differently in practice:
1. After the seller entered into contracts with two different buyers, he fulfilled his contractual obligations to the latter buyer and went through the property transfer registration procedures. In this case, both house sales contracts are valid. However, since the subsequent contract has been completed, the buyer in the contract has actually obtained the ownership of the house.

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At this moment, the nature of the claims enjoyed by the first two buyers are different: the latter buyer is already the owner of the house because its creditor's rights have been satisfied, so what he enjoys is the property right claim arising from the ownership of the house.
2. After the seller sells the house to the previous buyer and handles the property transfer registration, he then enters into a sales contract with the subsequent buyer using the same house as the subject matter.

At this time, because the property rights of the house have been transferred, the seller is no longer the owner of the house. The seller means that the seller owns something that is sold to someone else or the seller has the right to dispose of it. The subject matter of the sale is not owned by the seller and the seller has no right to dispose of it. It does not constitute the subject matter of the sales contract. In the system of non-rights to dispose of, when a person without the right to dispose of other people's property disposes of other people's property, if the right holder ratifies it or the person without the right to dispose of it obtains the right to dispose of it after entering into a contract, the contract will be effective.

3. Neither transaction has completed the transfer registration process. Neither the second sale nor the second sale has been registered. The house ownership still belongs to the seller, and the buyer of the second sale has not obtained the house ownership. In principle, the buyer can only protect its own rights and interests through the method of creditor's rights protection. This double creditor's right based on the continuous sales contract is on an equal footing and has no ranking relationship. Therefore, the former buyer and the subsequent buyer can request the seller to perform their debts at any time.

In real estate transactions, one of the rights of the buyer in the sales contract is also an important part of its performance, that is, the transfer of house ownership. When the realization of two claims forms a competitive relationship, whoever obtains the right to apply for registration will have priority.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.