Research On Legal Issue Of Real Estate Dual Sales

Since2010, with sharp rise in real estate market price, the phenomenon of real estatedual sales is increasing, thus to produce all sorts of problems, such as the basic principle ofgood faith be trodden down, weakening market trust and imbalance in the interests of allparties. However the existing legislation regulating is slightly weak and the study of thetheory is too old, so it is necessary to discuss this problem again.The text is divided into four parts, namely the basic concept of real estate dual sales,effectiveness of the second sales, performance of two contracts and relief of the buyer’sclaim.The first part defines the real estate dual sales, asks the question’s origin and analysesthe law of this behavior should be criticism from different angles, thus establishes the basicposition of the article. Real estate dual sales do not require the seller of real propertyownership or disposition. Because the seller disregard the credit to gain profit and thedistinction between real right and creditor’s rights, the occurrence of real estate dual saleshas its inevitability. However, this phenomenon has violated the principle of good faith, soit should be got law’s negative evaluation and the theory of efficient breach can notdemonstrate the real estate dual rightful.The second part cut from the constitutive requirements of valid contract, points out that“dual” factor for the influence of the second contract’s effectiveness mainly depends onwhether the contract mark is appropriate. If the second buyer doesn’t notice the priortransaction or “purchaser’s mere notice”, the second contract is valid; if the second buyernot only knows prior trading, but also damages the first creditor’s right in the way of againstthe good customs, the second contract is invalid. Most of the real estate dual sales contractsare valid, except for the malicious collusion, inducing breach of contract, etc.The third part further discusses how to perform the contracts according to the secondpart of the conclusion that two sales contracts are valid. Legislation has ruled the selection order of the contract for a room to rent more than once, a movable property or a land to sellmore than once. They show the public of rights have important effect on actual performance.Accordingly, the performance order of real estate dual sales will be confirmed bypurchaser’s mere notice, registration, prediction registry, actual possession, time。The last part analyses the remedies of the next buyer. First from the perspective ofcomparative law, it discusses default damage compensation claim, double compensationclaim, surrogate compensation claim, claim of disgorgement the benefit based on the trust,revocation right and so on. Refer to other countries’ provisions, the other buyer can requestthe seller to undertake responsibility for breach of contract according to contract law, theinterests of resale or real estate rising in value should be included in damage. As far as thecalculation method of damages, if the first buyer claims, the damage is counted on the basisof the subsequent contract’s price; if the second buyer claims, if the buyer doesn’t know thefirst deal, the damage can be according to market price when the seller breached thecontract; if notices, the buyer only can request compensation for direct loss. At the sametime, the first buyer can also choose for surrogate compensation of double compensationclaims or the right of revocation to relieve. Moreover, the first buyer can also achieve relieffrom tort law, when the second buyer has constituted infringement. However, it should bebetter than the previous way if the first buyer claims the subsequent contract to be invalid.