Is the agreement on the sale of houses without transfer valid? What if the other party reneges?
As we all know, after signing the house sale agreement, the safest thing is to register and transfer the property and determine the property rights of the house. However, due to some reasons, property buyers did not handle the property transfer in time after signing the purchase contract and paying the purchase price. At this time, you may encounter the tragedy of selling one room and two houses. Then, is the house sale agreement that has not been transferred valid, and what should the other party do if they go back on their word? Case introduction: The father sold the house to treat his mother, but the two daughters said they didn't know it was to treat his wife. Mr. Cai sold all the relocated houses of a family of four to Mr. Zhou and his wife. In order to comply with the policy, the two parties agreed to transfer the property to the name of Mr. and Mrs. Zhou five years later. However, after the expiration of five years, Mr. Cai's two daughters refused to transfer the house to Mr. and Mrs. Zhou's name, saying that their father sold the house without telling them that the house sales contract was invalid. To this end, Mr. Zhou and his wife took the father and daughter to court and asked the three defendants to transfer the house to their names. Results: The house sale agreement was judged to be valid, and the other party assisted in the transfer. The court held through trial that Mr. Cai's wife had passed away, and her rights and obligations in the house transfer agreement were inherited by the three defendants. The agreement was signed by Mr. Cai alone, and the focus of the dispute in this case is whether the agreement signed by Mr. Cai on behalf of other rights holders and the plaintiff is valid; Buying and selling houses is a major family property transaction. Mr. Cai sells houses to raise medical expenses for his family, and his daughter should know the source of her mother's treatment expenses. Mr. Cai said that his wife did not agree to sell the house, but his wife never raised any objection to the two plaintiffs during the signing and performance of the agreement, which should be regarded as recognition of the agreement, and his daughter did not raise any objection in the following years, which should be regarded as recognition of the agreement; The house price agreed in the agreement was not obviously unreasonable at the time of signing, and the price did not infringe on the legitimate rights and interests of the house owner. Accordingly, the court held that the disputed house transfer agreement should be valid, and the defendant's father and daughter should assist in the registration and transfer of the property rights of the disputed house to the plaintiff's name. Lawyer's statement: Under normal circumstances, if the property right transfer registration is not handled after the signing of the sales contract, the purchaser does not own the property right of the house. However, according to the analysis of the case, the reason why the court ruled that the house purchase and sale agreement was valid and asked Mr. Cai's family to assist Mr. Zhou and his wife in the transfer was because the house purchase and sale agreement between the two parties was valid and the house property right was still in the name of the seller Mr. Cai and his daughter. Therefore, Mr. Cai and his daughter must fulfill the contract. Therefore, the court's decision is legal and reasonable. According to China's Interpretation on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts, "in the trial of real estate cases, the expression of will of both parties to the contract should be respected. As long as the agreement between the two parties does not violate laws and policies and does not harm the interests of the state, the public and others, the effectiveness of the contract should be maintained. " "If a party requests to confirm that the pre-sale contract of commercial housing is invalid on the grounds that it has not been registered and filed in accordance with the provisions of laws and administrative regulations, it will not be supported." To sum up, the house sales agreement between Mr. Cai and his family and Mr. Zhou and his wife is still valid, and the house property rights must be transferred. Finally, it should be reminded that after the signing of the house purchase and sale agreement, the transfer should be handled in time to avoid the situation of one house and two sales or the other party's remorse. You may win the lawsuit, but you will always pay manpower and material resources, which is not worth the loss.