Double sale of an apartment: the Supreme Court sided with the first investor

The essence of the dispute

The Supreme Court confirmed: a cooperative does not have the right to re-alienate real estate if it has already been reserved and fully paid for by another investor. The case concerned a situation where, after the first buyer paid for the apartment in full, the cooperative concluded a second agreement with another person regarding the same property.

Legal position of the court

The court noted that concluding a second agreement without terminating the previous one violates the requirements of the law and is grounds for declaring such a transaction invalid. At the same time, even a person who is not formally a party to the second agreement has the right to challenge it if this violates his interests.

Protection of investor rights

The Supreme Court emphasized that full payment for the property creates property rights of the investor, which are subject to protection. Accordingly, the cooperative loses the right to dispose of such property at its own discretion.

Significance of the decision

This position is of great importance for the practice of real estate investment, as it confirms: the double sale of one object is illegal, and the rights of the first investor have priority protection.

Case details

Resolution of the Civil Court of Cassation within the Supreme Court dated March 18, 2026 in case No. 522/16671/22.