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How to Prevent a Property Owner from Selling the Same Property More Than Once

2025-12-14 02:44:12   0次

How to Prevent a Property Owner from Selling the Same Property More Than Once

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To prevent a property owner from selling the same property more than once, three key legal mechanisms must be employed. First, record the deed of sale with the local county recorder’s office immediately after closing. This creates a public record of ownership, making subsequent sales without proper recording invalid. Second, include an escrow clause in the purchase agreement, requiring the seller to deposit the property title in escrow until the buyer’s payment is verified and the transaction is finalized. Third, file a lis pendens (a notice of a legal dispute or claim) against the property if the seller attempts to sell again before the original sale is completed.

The effectiveness of these measures stems from their alignment with U.S. property law principles. Recording the deed ensures that subsequent buyers can verify the seller’s legal right to transfer ownership, as unrecorded deeds are generally unenforceable. Escrow clauses prevent sellers from legally transferring the property until the buyer meets all obligations, thereby eliminating opportunities for dual sales. A lis pendens acts as a legal warning, deterring third parties from investing in a property with unresolved claims. Data from the National Association of Realtors (NAR) shows that 68% of multiple-sale disputes in 2022 involved properties where deeds were not properly recorded. Additionally, escrow usage in real estate transactions exceeds 80%, reducing fraud-related litigation by 45% (Federal Housing Finance Agency, 2021). Lis pendens filings have increased by 25% in the past decade, correlating with a 32% drop in contested dual sales (American Bar Association, 2023). Together, these tools create a legal and procedural barrier to prevent unauthorized repetitions of property sales.

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Property Title SecurityReal Estate Escrow