Double sale: Supreme Court enhances rights of injured party

Real Estate & Construction

ILO Newsletter, 21. Februar 2014

The Supreme Court recently allowed a direct claim by the first purchaser against the second purchaser in case of a double sale of a property. A direct claim against the second purchaser, such as in the case at hand, is particularly useful in a scenario where the seller is insolvent, as the property is not handed back to the seller and then passed on to the first purchaser, but rather transferred directly between the two buyers. 


Dr. Martin Foerster

LL.M. (LONDON) Partner