Research On Validity Of Multiple Real Estate Sales Contracts

Sale is the most common, basic form of the trade in social life. Real estate sale isthe sale which takes the subject matter of the real estate. In practice, disputes of realestate sales occur frequently, especially in the case of multiple real estate sales, suchas the choice of real right alteration mode, the validity of multiple real estate salescontracts, the performance of multiple real estate sales contracts, these issues areconsiderable differences in the judicial practice. Carding and thinking about the aboveissues systematically in this paper, the author will put forward some legal suggestionsthrough legal argumentation.Firstly, it discusses the meanings of multiple real estate sales contract in chapterone. Referring to the multiple real estate sales contracts in this paper means that theseller signs the sales contract for the subject matter of real estate with the buyer,before the buyer has full ownership of the real estate; the seller signs the contract withother buyer of the same real estate as subject matter again. The emergence of such amultiple real estate sale is mostly due to the seller in order to pursue more economicinterests. In addition, according to analysis of law, equality of obligatory rights is thebasis of multiple real estate sales occur, the time difference between the occurrence ofobligatory rights and the change of real rights is the time conditions for multiple realestate sales. Unless the occurrence of obligatory rights and the change of real rightscan finish at the same time, otherwise the multiple real estate sales will come intoexistence.Secondly, in chapter two, it sorts out the legal basis of effectiveness judgment of multiple real estate sales contracts, and it analyses that three kinds of real rightalteration mode affect on the belonging of ownership of the real estate under thesituation of multiple sales contract. How to judge the effectiveness of multiple realestate sales contract, so long as the contracts which the seller signed with each buyerare satisfied the effectiveness requirement of contract respectively, and there is noagainst to the mandatory provisions of the law or the public interest, it can beconcluded that each real estate sales contract is a valid contract, and each real estatesales contract is also equality of effectiveness, and effectiveness of the former contractdoes not take precedence over the latter one. In addition, whether the real estate salescontract is registered, or whether the ownership of the real estate changes, that willnot affect the validity of the real estate sales contract.Thirdly, in chapter three，through typed analyzing four kinds of situations learnsthat delivery or advance notice registration of seller and buyer will result in differentlegal effect. When the multiple real estate sales contracts are effective, the buyer whohas the rights of advance notice registration should be firstly protected; the buyer whohas already taken delivery and possessed the real estate should be secondary protected.Finally, the author conducts a legal argumentation on “the theory of the freedomchoice of the seller”,“the theory of preferential protection for the buyer who paysearlier”,“the theory of preferential protection for the buyer who signs the contractearlier”,“the theory of preferential protection for the buyer who requests judicialprotection earlier”,“the theory of preferential protection for the buyer who possessesthe real estate”. And on the basis of collecting judicial explanation of the SupremePeople’s Court of our country and the instruction of the district court and the view ofscholars, the author puts forward some legal suggestions on dealing with the disputeabout multiple sales of same real estate, including the protection sequence of thebuyer`s rights, the buyer may request for ownership of the real estate transferingregistration, the interest protection of the other buyer and the law application of theliability for breach of contract.