There are multiple owners in the same suite, and if one room sells more, it will be deducted.
2065438+February 2006, Ms. Lian of Hui 'an bought an 80-square-meter demolition and resettlement house with a good location and a good apartment type, with a total price of only/kloc-0.8 million yuan. The low price made Ms. Lian very wary at first, but the seller Xiao He said that the family suddenly changed and was in a hurry to use the money. The owner of the house (that is, Xiao He's mother Hong Apo) could sign it in person, which made Ms. Lian put down her guard.
On March 20 16, Ms. Lian and Xiao He drew up a house purchase contract, which was signed by Hong Apo and Xiao He as an agent. After that, Ms. Lian remitted 6,543,800 yuan to Xiao He as a deposit through the bank, and agreed to transfer the balance on July 20.
However, on July 15, when Ms. Lian went to the door of the community to choose a room type, she found that there were many "owners" who came to see the house in front of Building 4 of the community. After inquiry, these "owners" want to buy the same room type as themselves, and even the brand of the house is the same, which is handled by Xiao He. At this time, Ms. Lian found herself cheated and left with other "owners".
At present, the suspect He has been criminally detained by the police and the case is under further investigation.
How to deal with the situation of "selling more in one room"
If the seller sells the same property to multiple buyers, it needs to bear corresponding responsibilities, because according to Article 107 of the Contract Law, "if a party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses", so the seller must perform its responsibilities and obligations as agreed.
In case of "selling more in one room", it is necessary to determine the property right of the house according to the following principles:
1. Did the seller actually deliver the house to the buyer?
If the seller has actually delivered the house to the buyer and the buyer has actually used the house, it shows that the seller has fulfilled the contract and should consider supporting the buyer's actual performance request;
Sell more for one room.
2. Has the buyer paid the house price in full?
If the buyer has paid all the house price, it means that the buyer has fully fulfilled his obligations, and the buyer's actual performance request should also be considered;
3, whether the housing property transfer filing and other related procedures.
If the buyer has handled or is handling the house property right filing, it means that the buyer strongly wants to obtain the house property right and has made preparations for the transfer registration, and should consider his actual performance request;
4. Is the buyer fit to perform the contract?
If the cost of the buyer's performance of the contract is low or suitable for performance, the buyer's actual performance request should be considered.
(The above answers were published on 2016-11-21. Please refer to the actual situation for the relevant procurement policies at present. )
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