A couple in their sixties bought a flat and underground parking space from a developer for RMB 8 million, paid in full and moved in. Registration of title was delayed because the husband was hospitalised. In the meantime the developer was sued by another creditor, and the property was seized in enforcement.

Issue

Whether a buyer who has paid the full price and taken possession may resist enforcement by the developer’s creditor.

Outcome

Ma Dehui acted for the buyers. The court accepted that the buyers had paid in full, occupied the property, had no other housing and were not at fault for the absence of registration, suspended the enforcement and released the property. The judgment applies the protection given to consumer home buyers whose interest is defeated only by the developer’s failure to register.