Property Sale Dispute: Seller Cannot Invalidate Contract by Claiming Spousal Non-Consent

An appellate court in eastern China upheld a property sale contract after the seller claimed his wife had not consented and the property was uncertain at the time of signing.

On December 7, 2009, Mr. Wang sold a resettlement housing unit to Mr. Sun. The contract specified 120 square meters at 2,100 yuan per square meter, totaling 252,000 yuan. Mr. Sun paid 170,000 yuan upfront, with the balance due upon key delivery.

In January 2011, Mr. Wang selected a specific unit in the Juhuayuan complex: apartment 603 in building 20, measuring 115.32 square meters plus a 15-square-meter storage room. When Mr. Sun requested delivery, Mr. Wang refused.

Mr. Wang appealed the trial court’s ruling, arguing the property was marital asset sold without his wife’s consent, making the contract invalid. He also claimed the property was not specifically identified at the time of contract, as the resettlement housing had not yet been constructed.

The appellate court rejected both arguments. Mr. Wang provided only a marriage certificate reissued in 2011, which did not prove his wife was a co-owner at the time of the 2009 sale. The court also found that the contract sufficiently identified the property through the resettlement number, and the specific unit selection occurred later as contemplated by the parties.

The court noted that the seller’s attempt to invalidate the contract based on his own failure to meet regulatory transfer conditions violated the principle of good faith. Mr. Wang was ordered to deliver the apartment and storage room and assist with ownership transfer. Mr. Sun was ordered to pay the remaining 72,172 yuan plus 3,000 yuan for the storage room.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.