How to protect one's rights after being executed and sealed off after purchasing a house for 7 million yuan and moving in

2024-03-29

Chen Lin and Zhang Ming signed a pre-sale contract for commercial housing with Shanghai A Real Estate Company, purchasing a property in Pudong New Area, Shanghai for a purchase price of 7 million yuan. After the signing of the pre-sale contract, Chen Lin and Zhang Ming paid the full purchase price in installments, and A Real Estate Company issued a purchase invoice. Subsequently, Real Estate Company A issued a "House Delivery Notice" to Chen Lin and Zhang Ming, and delivered the house in Pudong New Area, Shanghai. The couple actually moved in and legally occupied the house. In February 2024, just after the Spring Festival holiday of the the Year of the Loong, Chen Lin and Zhang Ming learned that the court had made an Enforcement Ruling against the property company A, and sealed up the above Pudong New Area properties that should belong to Chen Lin and Zhang Ming. Therefore, in a helpless and helpless situation, Chen Lin and Zhang Ming came to Shanghai Li Xiaohua Law Firm to seek legal remedies and methods.

The lawyer believes that according to Article 28 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Execution Objections and Reconsideration Cases by People's Courts", in the execution of monetary claims, if the buyer raises an objection to the immovable property registered in the name of the executed party, and its rights can be excluded from execution under the following circumstances, the people's court should support it:
（1） A legally valid written sales contract has been signed before the People's Court seals it up;
（2） The immovable property has been lawfully occupied before being sealed by the people's court;
（3） The full price has been paid, or a portion of the price has been paid as agreed in the contract and the remaining price has been delivered for execution as required by the people's court;
（4） Failure to complete the transfer registration is not due to the buyer's own reasons.

Chen Lin and Zhang Ming had already signed a legal and valid written housing sales contract before the court seized the disputed property, and had paid the full amount of the house price and legally occupied and used the property. However, due to the reasons of Shanghai A Real Estate Company, they have not yet completed the transfer registration. Therefore, they have the right to raise an objection to the execution of the property and request the court to lift the compulsory enforcement measures against the above-mentioned property. According to the Civil Procedure Law of our country, if a third party raises a written objection to the subject matter of the execution during the execution process, the people's court shall review it within 15 days from the date of receiving the written objection. If the reasons are valid, the court shall rule to suspend the execution of the subject matter; Reject the ruling with unfounded reasons.

Chen Lin and Zhang Ming may raise an objection to the execution court in accordance with the law, requesting the court to support the relevant requests made by Chen Lin and Zhang Ming as objectors, and effectively safeguard the legitimate rights and interests of homebuyers.

Nowadays, a house may be the place where homebuyers devote all their resources, even concerning their survival interests. Therefore, in order to prevent disputes during the process of purchasing a house, buyers should pay attention to verifying whether the house has been sealed or can be transferred, and promptly handle the transfer registration procedures to avoid legal risks of purchasing the house.

Write a Review...