The Legal Risk Of The "Non-vacant" Property Sales And Its Precaution

With our rapid economic development, which causes the diversity of social relations, the legal relationships are increasingly complex. A Cantonese word which called "non-vacant" appears frequently in the real estate market. From a legal sense, "not vacant" means the buyer get a property rights by a lower price, however, the property was used by the others because of lease or voluntary use, and so on. Under these circumstances, the owner should file a lawsuit to avoid the separation of the property rights and the using rights. Thus, the type and the risk of the "non-vacant" property sales are extensive. In this point, there is of great theoretical significance and practical significance to studying the legal risk and precautions of the "non-vacant" property sales, which is benefit for settling conflicts, maintaining stability and building a harmonious society.In this article, in order to define the basic content, types, unique and common legal risk of "non-vacant" property sales, the author uses the methods of theoretical analysis, empirical analysis and strategy analysis to analyze. And then give some precautions to the buyer and legislative practice .This article is divided into four parts. The author raises the question combine with the case encountered in practice; The second part is to define the basic content and elements of "non-vacant" property sales by the method of theoretical analysis; According to the practical cases from Guangzhou's courts, the second part also divides the "non-vacant" property sales" into four type, which concludes sale does not break into lease transactions, the moving back of the owner, the temporary relocation of the user, or never moved, and voluntary use; The third part is to analyze the unique and common legal risk of "non-vacant" property sales; In accordance to the rule of judicial practice, the author advices the buyer should have the sense of the law and the awareness of legal risk in the purchase of "non-vacant" property. Also, the buyer should clear the type of "non- vacant" property, analyze the legal risk, and make final decisions under "cost-benefit" analysis. What's more, in order to avoid the risk of the "non-vacant" property sales, there's need to revise and improve the legal system constantly.