The developer illegally sold the property to the owner. Is this house sales contract legal?

The property belongs to all the owners, and the developer sells it to the owners without authorization, and the contract is invalid.

According to the Property Law of People's Republic of China (PRC):

Article 70 Distinguish the ownership of buildings

Owners have the ownership of exclusive parts of buildings such as houses and business buildings, and have the right to co-manage the parts other than the exclusive parts.

Article 71 The owner shall exercise ownership of the exclusive part.

Owners have the right to possess, use, profit from and dispose of the exclusive parts of their buildings. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners.

Article 72 The owner has certain rights and obligations * * *

The owner shall enjoy the rights and undertake the obligations for the part other than the exclusive part of the building; Never give up your rights or fulfill your obligations. When the owner transfers the residential and business premises in the building, part of its * * * ownership and * * * management rights are transferred together.

Extended data:

According to the property management regulations:

Article 49

Public buildings and facilities planned and constructed within the property management area shall not be changed. If the owner really needs to change the use of public buildings and facilities, he shall inform the property service enterprise after handling the relevant formalities according to law.

If the realty service enterprise really needs to change the use of public buildings and facilities, it shall be submitted to the owners' meeting for discussion and approval, and the owners shall go through the relevant formalities according to law.

Article 50

Owners and property service enterprises shall not occupy or dig roads and sites within the property management area without authorization, which will harm the interests of owners. The owner really needs to temporarily occupy or dig roads and sites due to property maintenance or public interests.

The consent of the owners' committee and the realty service enterprise shall be obtained; If it is really necessary for a realty service enterprise to temporarily occupy or dig roads and sites, it shall obtain the consent of the owners' committee. Owners and property service enterprises shall restore the roads and sites temporarily occupied and excavated to their original state within the agreed time limit.

Article 59

In violation of the provisions of this Ordinance, if a realty service enterprise entrusts all the realty management within a realty management area to others, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit.

A fine of more than 30% and less than 50% of the entrusted contract price shall be imposed. The entrusted income is used for the repair and maintenance of * * * parts and * * * facilities and equipment in the property management area, and the rest is used according to the decision of the owners' meeting; If losses are caused to the owners, they shall be liable for compensation according to law.

Article 62

In violation of the provisions of this Ordinance, without the consent of the owners' meeting, the property service enterprise arbitrarily changes the use of the property management house, and the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit.

Give a warning and impose a fine of more than 6,543,800 yuan and less than 6,543,800 yuan; If there is income, the income will be used for the maintenance and conservation of parts, facilities and equipment used in the property management area, and the rest will be used according to the decision of the owners' meeting.

Baidu Encyclopedia-People's Republic of China (PRC) Property Law