Case Description

A signed a commercial housing sales contract with the developer at the end of 2019 and handled the online signature filing. After signing the contract, Party A paid the purchase price in full as agreed. After being delayed for more than a month due to a business trip, Party A went to the real estate trading center to apply for transfer of ownership. However, during the aforementioned business trip, the house has been sealed up by a people's court and cannot be transferred. How can Party A provide relief?

Lawyer Analysis

"Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsiderations by People's Courts" (hereinafter referred to as "Provisions on Objections and Reconsiderations") Articles 28 and 29 stipulate the elements for excluding the enforcement of the right of expectation of the buyer of real estate. Article 28 applies to situations where ordinary real estate buyers raise objections, and Article 29 applies to situations where commercial housing consumers raise objections. The two articles are general and special, and consumers of commercial housing can choose to apply either article.

In this case, Party A is an outsider and the person subjected to execution is a real estate development enterprise. Compared to Article 28, which requires the burden of proof to prove that there is no subjective fault and that the house has been legally occupied, the conditions set forth in Article 29 are relatively relaxed. According to the "Minutes of the Civil and Commercial Trial Work Conference of the National Court of Justice", the rights of commercial housing consumers who have paid all or most of the money are prior to the mortgage rights of the mortgagee. Even if a mortgage has been established on the house, the real right expectation rights of commercial housing consumers can also be excluded from enforcement. Finally, a lawyer appointed by Party A filed an application for objection to execution based on the requirements specified in Article 29 of the "Provisions on Objections and Reconsiderations". After more than one month, he received a ruling from the court suspending the execution of the house.

Through handling this enforcement objection case, some suggestions are given to the buyer as follows:

1. Before buying or selling a house, on the one hand, the right status of the house should be reviewed in a timely manner; On the other hand, when signing a housing sales contract, online signature registration should be handled in a timely manner, and the housing payment voucher should be retained;

2. If it is found that a house that has not been transferred has been sealed up by the court, it shall, based on the circumstances of the case, choose the most advantageous clause for itself to file an objection to enforcement and apply for exclusion of enforcement;
If the court decides to suspend the execution of the house, the transfer registration shall be handled as soon as possible after the house is unsealed; If the court rejects the objection request, it shall file an action for objection to execution within the statutory time limit.