Sometimes in practice, there are situations where the same premises sold to several buyers. These transactions can take place both in new buildings under construction and the sale of real estate on the secondary market. First, depending on what kind of contract was entered into with the purchaser and to what property, the grounds for pre-emptive rights to such property will be different. For example, if we're talking about the primary real estate market where the transaction took place on the implementation of an object by any contract (investment, co-investment, pre-trial, assignment of contract, a contract), except for the contract to build equity, subject to obligatory state registration Rosreestra , the preferential right to property will be the person who previously signed or paid for the contract. If we are talking about the contract to build equity in the home building, which is subject to obligatory state registration, in this example does not matter who first signed the contract or paid, and the matter first with whom the contract has been registered in Rosreestra. All other applicants who were not lucky enough to get an apartment or a parking place or office in the property due to the presence of a buyer who has a preferential right to that object, can only go to court with claims for their losses and penalties for improper use of funds . (Treaty of participation in the joint construction shall be in writing, subject to state registration and is made from the time of such registration, unless otherwise provided by federal law (Sec. 3, Art. 4 of the joint construction). This rule conforms to the norm n . 3 tbsp. 433 of the Civil Code, which established that the contract is subject to state registration shall be deemed concluded from the moment of its registration, unless otherwise provided by law). As for the secondary real estate market, again depending on the person to whom a contract of sale was registered in Rosreestra, he is the purchaser of the property, other buyers for a given object can not claim. If you have multiple transactions of purchase and sale agreement did not pass the mandatory state registration of any of the customers, the advantage for the ownership of the property is the person who first signed the contract or paid. Second, the above rules of priority right to acquire property by double sales apply to those traders, who went to court with the relevant requirements and who are known as court and other participants in the transaction. If the presence of double sales the buyer has no information that he carried on double sales and asked the court to the requirements for recognition of a title to acquired property, it loses its status of a potential owner in connection with the emergence of such a status of a person which the court addressed. That is, in this case, the preferential right to property is a person that the court first recognized the right of ownership to the disputed item. Third. Protect the rights of a buyer who can not qualify for a property by virtue of a double sale, the seller can claim to compensation for damages. In accordance with Art. 15 of the Civil Code a person whose right has been violated may demand full compensation of losses, unless a statute or contract provides for compensation in a smaller size. If a person who violates the law was due to this income, a person whose right has been violated is entitled to claim, along with other damages for lost profits in an amount not less than such income. This method provides for the protection of civil rights clause 4 of article. 165 of the Civil Code, stating that the party unjustifiably refused state registration of the transaction (in this case - the seller) must compensate the other party for losses caused by the delay in the commission or the registration of the transaction. In addition, in this case, by analogy to apply paragraph 3 of Art. 551 of the Civil Code. In accordance with this rule the party unjustifiably refused state registration of transfer of ownership must compensate the other party for losses caused by the delay of registration. In paragraph 61 Joint Resolution of the Plenum Forces N 10, N 22 SAC from 29.04.2010 "On some issues arising in judicial practice in disputes relating to the protection of property rights and other rights," stated that if the seller has made a several sales contracts in respect of the same real estate and manufactured the state registration of transfer of ownership of one of shoppers, another buyer may require the seller to damages caused by the failure of the contract of sale. Fourth and most importantly, that every reader of this article, and customers who find themselves, unfortunately, the party of the transaction on a double sale, should know and understand - the court is the public authority charged with the duty of law to resolve the dispute, independently. Based on the evidence presented and formed, including the legal position. The court was not intended to and will not protect consumers in the presence of double sales if they do not prove that they were deceived and do not prove guilt of the seller. The Court does not protect the injured and insulted, as a court referee tries to come to a conclusion about who was wrong, and in accordance with what, what punishment should be held. So do not expect that you will defend the court, the court does not protect. The law prohibits the court to defend. Only a lawyer can protect and wisely and properly build a line to your requirements in the court and the court, upon reasonable substantive law requirements, may agree with them and make a solution that protects your rights, and only did so differently.
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