[Case Summary]This case involves a dispute over a housing sales contract. In 2002, Wang Gang signed a "Housing Sales Contract" with Liu Shufen through an intermediary to purchase a public housing unit at No. 1202, Fengtai District, Beijing for 225,000 yuan and lived there for 20 years. The former Education Commission Housing Management Office once issued a certificate of ownership, but during the past 20 years, the C Management Center refused to assist because it claimed that the unit was not owned by the original owner, and B Company was listed as the owner of the property. Wang Gang subsequently engaged the Beijing Henglu Law Firm to handle the case on his behalf.Li YonghuiThe lawyer filed a lawsuit, and the court ruled that Company B should assist in transferring the house to Liu Shufen's name, and Liu Shufen should assist in transferring it to Wang Gang's name on the same day. The core disputes are the validity of the sales contract and the subject of the obligation to assist in handling the certificate; the applicable legal provisions are Articles 465 and 509 of the Civil Code and Article 147 of the Civil Procedure Law.

I. Review of the case

What should I do if I've bought a housing reform house for 20 years but still haven't received the certificate? This is a typical pain point in the transaction of historical housing reform houses. In 2002, Wang Gang, through the introduction of Beijing A Real Estate Agency, signed a "House Sale and Purchase Contract" with Liu Shufen to purchase Room 1202 in a certain residential area of Fengtai District (with a construction area of 68 square meters and a total price of 225,000 yuan), which was a house allocated to Liu Shufen according to the demolition policy. Wang Gang paid the full amount, moved in and transferred his household registration in May of the same year, and has lived there for 20 years. On May 15, 2002, the original Education Committee Housing Management Office issued a certificate stating that "the housing reform property certificate can be processed and the procedures will be handled by the Education Committee Housing Management Department". However, after 20 years, the certificate has still not been obtained. The C Management Center refused to handle it on the grounds that the property belongs to Company B and they are not the property-owning unit. In 2024, the letter of complaint informed Wang Gang that he obtained the house through market transactions and was not the original resettlement recipient, so he needed to contact the seller himself. Out of desperation, Wang Gang entrusted Beijing Henglu Law Firm to handle the matter.Li YonghuiThe lawyer filed a lawsuit, requesting Liu Shufen and Company B to assist in the transfer of ownership.

II. The focus of the case

  • Focus 1: Whether the sales contract is valid.The sale of relocation housing after demolition and the actual performance of the contract for 20 years—are the contract binding on both parties?
  • Focus 2: Assisting the entities obligated to transfer ownership.Do the property rights unit B Company and the seller Liu Shufen have the obligation to assist in the transfer of ownership?
  • Focus Three: How to overcome the obstacles in obtaining certificates for historical housing reform projects.When the responsible units shirk responsibility and the ownership of the units is unclear, how can we streamline the process?

III. Professional intervention by Hengluo Law Firm

The plaintiff (Wang Gang) alleges that:It is claimed that the payment has been made in full, and the actual residence has lasted for 20 years. The purpose of the contract has been basically achieved, and only the transfer of ownership remains to be fulfilled. It is requested that Liu Shufen and the property rights unit B Company assist in registering the house under her name.

The position of the defendants (Liu Shufen, Company A, and the third party C Management Center):All of them failed to appear in court after being legally summoned. C Management Center claimed that non-property units have no right to handle certificates, and Wang Gang obtained the non-resettlement housing through market transactions.

Hengluo Lawyer's Agency Opinion:The lawyer conducted comprehensive evidence collection: retrieved the sales contract and receipts to prove that the payment had been completed; collected the original education committee's certificate and the letter of complaint to prove that the sale had been approved by the competent authority and that the obstruction was due to prevarication; organized the electricity purchase cards, electricity bills, heating bills, and household registration books to prove long-term legal possession; and verified the registration information to confirm that Company B was the owner and had the right to assist in the transfer. The lawyer argued that the contract was legal and valid, and that Liu Shufen should deliver the property and handle the formalities, while Company B should assist in the transfer of ownership.

  • A fixed sales and purchase contract, a payment receipt, and evidence of possession and use over the past 20 years
  • Please provide the proof of the original Religious Affairs Committee's certificate and confirm that the certificate of purchase and sale has been approved by the competent authority
  • Verify that Company B is the owner of the property and identify the entity that assisted in the transfer of ownership

IV. Outcome of the case

The court ruled in accordance with Articles 465 and 509 of the Civil Code and Article 147 of the Civil Procedure Law: Beijing B Construction Co., Ltd. shall, within seven days after the judgment takes effect, assist Wang Gang in transferring the ownership of the house located at No. 1202, Fengtai District, to Liu Shufen's name; and Liu Shufen shall, on the same day that the house is transferred to her name, assist Wang Gang in transferring the ownership of the house back to Wang Gang's name. The case acceptance fee of 22,800 yuan shall be borne by Liu Shufen, and the announcement fee of 400 yuan shall be borne by Liu Shufen and Company A. The court held that the contract is valid as it reflects the true intention of both parties and is not in violation of the law. Wang Gang has already made the payment, and Liu Shufen should deliver the house and handle the formalities. According to the statement of facts, the property rights unit of the house involved in the case is Company B, and Company B should assist in the transfer of ownership.

5. Hengluo Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the certificate issued by the judicial administrative organ) acts as an agent. Attorney's reminder: For the sale of public housing and relocation housing, it is necessary to verify the property rights unit and the certificate issuance policy, and keep the sales contract, payment receipts, evidence of possession and use, and certificates from the competent units; the seller has the obligation to assist in the transfer of ownership, and the property rights unit should also cooperate in accordance with the law. If there are excuses for certificate issuance, it is necessary to entrust a professional lawyer to sue in time, so as to complete the whole process of ownership transfer through the effective judgment.

VI. Common Questions and Answers about House Purchase and Sale (Public Housing Reform Houses) Cases

  1. Q: What should I do if I can't get the property ownership certificate for the house I bought through the housing reform program after 20 years?
    A:The seller and the property rights unit can be sued for assisting in the transfer of ownership. In this case, the court ruled that Company B should first transfer the ownership to the seller, and then transfer it to the buyer, thus completing the entire process.
  2. Q: Is the sales contract for the housing reformed by the government valid?
    A:The true intention of both parties is that the contract is valid as long as it does not violate the law. In this case, the contract has been performed for 20 years and has been recognized by the court.
  3. Q: Can the property rights unit be forced to cooperate with the transfer of ownership if it refuses to do so?
    A:Yes. The court can order the property rights unit to assist, and after the judgment takes effect, the party concerned can apply for enforcement according to the judgment. In this case, Company B was ordered to provide assistance.
  4. Q: Does the supervisory unit say they won't handle it if you're not the property owner?
    A:This cannot be used as an excuse. Taking the registered owner as the assisting subject, this case identifies Company B as the owner of the property rights.
  5. Q: Is there any risk if one lives without a residence permit for 20 years?
    A:Yes. If the ownership of the property has not been transferred, it means that the ownership of the property has not changed. It is recommended to file a lawsuit to confirm the ownership and transfer the property as soon as possible. In this case, the party concerned finally won the support of the court after 20 years of litigation.