Legal Analysis On The Case Involving Lee,Tian And Wang Of Selling One House To Two Buyers

With the rapid development of our economy, the development speed of the real estate industry is also growing, are associated with rising prices. In the face of high prices, many people will turn their attention to the sale of second-hand housing market. And the housing transactions in the secondary market," a number sells " behavior is banned repeatedly more than, constantly proceedings. Housing sale involves many difficulties hard to understand law of real right and creditor’s rights law and process, but also has the academic and practical circles focus. Therefore, a room two sell case is a good case study related theory of property law and law of obligation.Discussed in this article is a typical one of the housing two sell a case, the seller and the buyer respectively with two signed housing contracts of sale, the buyer holds the house but not for housing registration, after buying the posterity with the seller for the housing registration, so it is necessary to effect before and after the two housing sales contracts are analyzed. Firstly, the connotation of a room two sell explanation, and analyzed the reason in our current legal environment of a room two sell produce. Secondly, effect of two housing sales contracts are analyzed, including:first, the seller has not achieved the nature of behavior of resettlement housing demolition of housing management authority certificate of analysis; second, to analysis on the same subject matter can exist at the same time two copies of the contract for the same contract of sale; analysis third, the " contract law " provisions of article second of the fifty-second content;Secondly, because of the sale of housing to buy two copies of the contract the contract objective is incompatible, finally only one buy later realize the contract purpose, namely to obtain housing ownership, so it is necessary for the housing ownership attribution analysis. This paper discusses the attribution of ownership from different angles:first, starting from the analysis of the case, the litigation housing ownership of ultimate ownership; second, analysis of the housing two sell. The most common of several dispute case litigation housing all right. Finally, the paper against the rights of the parties to a real two selling rights are simply described, relief way includes:the buyer the right to request the compensation of damage, the buyer’s right of revocation.