Real estate purchase and sale disputes refer to disputes over real estate rights and interests arising from the purchase and sale of real estate, including disputes arising from incomplete purchase and sale procedures, one party regretting and not performing the contract, and a third party claiming property rights and requesting the annulment of the sale and purchase contract.

1. Examine whether the subject qualifications of the buyer and seller are legal

This is a prerequisite for correctly handling real estate purchase and sale disputes, which include: whether the seller has the right to sell and whether the buyer has the right to purchase. For example: whether the seller is the right holder of the real estate, whether the real estate being sold is owned by an individual or jointly owned by several people, and whether other co-owners agree to the sale. If the seller is not the right holder of the real estate, it is necessary to find out whether the seller has legal or entrusted rights to dispose of the real estate sold. If after review, the answers to these questions are yes, the seller’s party qualifications can be considered legitimate. For real estate purchasers, it is necessary to examine whether they have the right to purchase and whether they are qualified parties.

2. Examine whether the expressions of intention of the buyer and the seller are true

Whether the true wishes of both parties can be expressed in the sales contract is an important reason for the occurrence of sales disputes. During the process, it is necessary to carefully examine whether one party has deceived, concealed, or coerced the other party, or took advantage of others' danger to make the other party sell or purchase real estate against its true wishes; whether the real estate sales contract is unfair; whether one party has a major misunderstanding of the contract, etc.

3. Review whether the formal requirements of the real estate sales contract are met

It mainly includes two aspects: first, to see whether the real estate sale has taken the form of a written contract and whether the main terms are complete; second, to see whether the property rights transfer has been registered with the real estate management department in accordance with the relevant national laws and regulations and the relevant regulations of the local people's government. The sale and purchase of urban private houses should be differentiated between the specific circumstances before and after the "Urban Private House Management Regulations" take effect and be treated differently.

4. Review whether there are any violations of legal provisions in real estate buying and selling activities

For example, whether both parties have used legal means of house sales to cover up illegal purposes; whether they have maintained the right of first refusal under the same conditions; whether the sale of houses that enjoy government or unit subsidies or preferential purchase and construction has expired the sales ban period; whether the right of first refusal of the original ownership unit has been violated.

After review, any purchase and sale relationship established through legal procedures should be maintained; if the real estate of others is illegally purchased or sold, the purchase and sale relationship is invalid; in the private house sale before the issuance of the "Urban Private Housing Management Regulations" of the State Council, as long as both parties are willing, have a contract, pay the house payment, and actually manage the house, and there are no other illegal acts, the sales relationship should be deemed to be valid. If the procedures are incomplete, they will be ordered to complete the procedures.

In the practice of handling real estate purchase and sale disputes, special attention should be paid to the following: No unit or individual is allowed to conduct pri