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If you mean selling it to one person, then a second person, when the first person still owns it, then no, as the first person you sold it to will have all the deeds, and the legal ownership of the house.

Answer/Clarification

If you sold your property and the buyer recorded the deed then you no longer own the property and any subsequent deed would be null and void. You couldn't sell it again because you are no longer the record owner. Once a new deed is recorded the property has a new record owner.

However, if the buyer failed to record their deed and you sold the property to another person who didn't know the property had already been sold and that second buyer immediately recorded their deed, then your first buyer would have a serious problem.

Every state in the United States has its own recording statutes that address the recording in the land records of written instruments that affect the ownership of real property. There are three types of recording statutes: race, notice and race-notice. The purpose of the recording statutes is to give notice to the community that there has been a change in ownership or that there has been an encumbrance made against the real estate.

Under the race process the priority of ownership in the case of more than one grantee would be determined by the first to record their deed. That priority would also apply in the other two types of recording statute states as long as the successive grantee was not given notice that the land had already been conveyed or encumbered.

In practical terms this means that if an owner of land conveyed the property to two different grantees with the first not recording their deed, the second would own the property if they recorded their deed and if they had no notice of the first deed. The first grantee who didn't record their deed would only have a monetary claim against the grantor, they would not own the land. They would need to sue the former owner in court to recoup their purchase price.

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14y ago

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