Keywords: house sale, unauthorized disposition, bona fide acquisition, malicious collusion
1. Typical case:
In 20 16, Xiao Yang signed a loan contract with Lao Jiao, and Xiao Yang borrowed from Lao Jiao at a monthly interest rate of 2% 1.73 million yuan. On the day of signing the contract, Xiao Yang issued a power of attorney to Xiaoding through notarization, authorizing Xiaoding as his agent to conclude a house sales contract and handle the mortgage cancellation procedures. After the loan, Xiao Yang also handed over his house property certificate, original purchase contract, deed tax and other bills to Lao Jiao. After that, Xiaoding entered into a house sales contract with Lao Chen, sold the house under Xiao Yang's name to Lao Chen for 2.56 million yuan, and registered the house transfer in Lao Chen's name. Subsequently, Xiao T handed over more than 2.5 million yuan to Lao Jiao, and the balance was not handed over to Xiao Yang under his control. Xiao Yang lost both the money and the house, so he sued Ding Xiao and Mr. Chen, demanding that the house sales contract be invalid and that the house be returned. It is also found that the market value of the house involved is about 4 million.
2. Court decision
The court held through trial that: First of all, the price agreed by Xiao Yang and his agent Lao Chen in the house sales contract was obviously lower than the market price. As an ordinary buyer, Mr. Chen should have a clearer understanding of the real estate market, and he should be more cautious about the obviously low-priced housing transactions. Without contacting Xiao Yang, Lao Chen thinks that Ding Xiao has the right to sell the house at such a low price, which is unreasonable without further examination and confirmation. Therefore, Mr. Chen knew or should have known that Xiaoding's abuse of agency harmed Xiao Yang's legitimate interests, which was subjectively gross negligence and malicious. In view of the fact that the transfer price is much lower than the market price and Mr. Chen does not constitute bona fide acquisition, the house sales contract between Xiaoding and Mr. Chen belongs to malicious collusion and should be invalid. Finally, it was decided that Lao Chen would cooperate with Xiao Yang to transfer the house involved to Xiao Yang's name.
Second, understand the main points of the law
1. What are the legal consequences of malicious collusion?
Malicious collusion refers to malicious collusion that harms the legitimate rights and interests of others, including contacts and exchanges with the same meaning, all hoping to harm the interests of a third party by signing a contract; It also includes that one party has the purpose of harming the interests of a third party, and the other party knows or should know but does not object and sign a contract with it. According to article 154 of the Civil Code, a contract concluded in bad faith is invalid.
2, in the face of unauthorized disposition can obtain property rights?
Not necessarily. Because the law determines the system of bona fide acquisition. Generally speaking, the bona fide acquisition of real estate refers to the phenomenon that even if the seller lacks the right to dispose, the buyer can acquire the property right as long as the buyer transfers and completes the registration at a reasonable price in good faith. Article 3 1 1 of the Civil Code stipulates the system of bona fide acquisition. According to the above provisions, the transferee can obtain the property right as long as it meets the following three conditions when facing the unauthorized disposition: first, the transferee is in good faith; Second, transfer at a reasonable price; Third, the registration required for the transfer of real estate has been completed.
3. What problems should I pay attention to when selling a house at an ultra-low price?
First, verify whether the identity of the seller is consistent with the property owner specified in the real estate license and real estate registration book, and find out whether it has the right to sell the house. If the seller is married, he must also ask his spouse for advice. Second, verify the reasons for selling houses at ultra-low prices. As the saying goes, there will be no pie in the sky. Once the property is sold at a price far below the market price, there must be a reason, otherwise it is unreasonable. In the event of a dispute, the contract can easily be confirmed invalid. Third, survey the house carefully. In the face of selling a house at an ultra-low price, it is necessary to carefully investigate the housing situation, understand the current living and use of the house, and avoid being involved in disputes and unable to obtain housing.