[Case Summary]This case involves a dispute over the sale and purchase of relocation housing (transfer registration). In October 2022, the plaintiff, Li Minhua, purchased a relocation housing unit in Haidian District, Beijing from the defendant, Liu Shufen, for 4.85 million yuan. She has paid the full amount and taken actual possession of the property. After the house met the requirements for obtaining a property ownership certificate, Liu Shufen's daughter backed out and refused to cooperate with the transfer registration, and Liu Shufen also delayed the process. Li Minhua entrusted Beijing Henglu Law Firm to handle the case on her behalf.Li YonghuiThe lawyer filed a lawsuit with the court, adding the current registered right holders of the house, Company A, Company B and Company C, as third parties, and requested assistance in initial registration and transfer of ownership. The court adopted the lawyer's opinion, determined that the contract was valid, and supported the plaintiff's three litigation requests. The core dispute is how to confirm the transfer conditions and ownership subjects when the relocated housing has not obtained ownership certificates. Applicable laws: the provisions of the Civil Code on sales contracts and property registration.

I. Review of the Case Facts

"What should I do if the seller refuses to cooperate with the transfer of ownership after purchasing a resettlement house?" and "Can the forced transfer of ownership be carried out for resettlement houses without property certificates?" are frequent problems faced by second-hand house buyers. On October 19, 2022, Li Minhua and Liu Shufen signed the "Beijing City House Purchase and Sale Contract", agreeing to purchase a resettlement house at No. 2 Building, Unit 2, No. 301, of a certain No. 6 courtyard in Haidian District (with an estimated area of 80.78 square meters) for 4.85 million yuan. On the signing date, Li Minhua paid a deposit of 200,000 yuan, and on February 17, 2023, she paid the remaining 4.65 million yuan in advance. Liu Shufen issued a receipt and handed over the house. The two parties signed a supplementary agreement stipulating that Liu Shufen would cooperate with the transfer of ownership within 15 days after the issuance of the real estate registration certificate, and refusal to cooperate would be considered a breach of contract. Liu Shufen also presented the "Resettlement House Agreement" and issued a consent to sell certificate together with her spouse and daughter. Later, when A Company notified her to handle the certificate, Liu Qingqing, Liu Shufen's daughter, backed out and refused to cooperate, and Liu Shufen also delayed the process. Li Minhua entrusted a lawyer to handle the matter.Li YonghuiThe lawyer filed a lawsuit to protect the client's rights and interests.

II. The focus of the case

  • Focus 1: Whether the house involved in the case meets the statutory conditions for transfer of ownership.When resettlement housing is sold, if the seller does not have a certificate of ownership, it is necessary to first register the property and then transfer the ownership. The initial property registration entity should be clearly specified.
  • Focus 2: Is the ownership of the house clear and uncontested?The resettlement rights are based on the "household" unit, and it is necessary to prove that Liu Shufen is the sole right holder and can continue to fulfill her obligations.
  • Focus Three: The obligation of the third party to assist.A Company, B Real Estate Company, and C Company, as the relevant entities for registration, should assist in completing the initial registration and transfer of ownership.

III. Professional intervention by Hengluo Lawyers

The plaintiff (Li Minhua) claimed that:Li Minhua has paid 485,000 yuan and taken possession of the house. The supplementary agreement stipulates that she shall cooperate with the transfer of ownership within 15 days after obtaining the certificate. She requests the court to order the third parties to assist in registering the house under Liu Shufen's name initially, and Liu Shufen shall continue to perform the contract and transfer the ownership to Li Minhua's name. The defendant shall bear the litigation costs.

The defendant (Liu Shufen) and the third party argued that:Liu Shufen claimed that the house was a relocation resettlement house, and without a property ownership certificate, it did not meet the conditions for transfer of ownership. She was not a party to the demolition agreement; Company A claimed that the resettlement house could not be traded or change the purchase qualification, and the plaintiff did not have the purchase qualification, so it did not agree to handle the certificate; Company B and Company C agreed to assist in registering the house under Liu Shufen's name, but it had nothing to do with the sale and purchase between the original plaintiff and the defendant.

Legal opinion by Hengluo Law Firm:Li YonghuiThe lawyer collected key evidence such as the "House Sale and Purchase Contract", the "Resettlement Housing Agreement", payment receipts, certificates of consent to the sale by the spouse and children, and records of notifications from Company A, forming a complete chain of evidence to prove that: the house in question has met the legal conditions for property registration; the ownership is clear and undisputed (Liu Shufen is the sole right holder); there are no legal obstacles to the continuation of the contract, and the defendant can be required to continue to perform the contract and cooperate with the registration and transfer of ownership.

  • The argument is that although the sale of relocation housing does not affect the validity of the contract even without a property ownership certificate, it is necessary to go through two steps: first, register the property with the original owner, and then transfer the ownership of the property
  • The evidence shows that Liu Shufen's spouse and children have all issued certificates of consent to the sale, and the ownership of the property is clear
  • Please ask the third party to assist with the initial registration according to the policy, and Liu Shufen will cooperate with the transfer of ownership to the plaintiff

IV. Outcome of the case

The court held that the sales contract and supplementary agreement signed by Li Minhua and Liu Shufen were the true expression of the parties' intention and were legal and valid, and therefore accepted themLi YonghuiAccording to the lawyer's opinion, it is determined that the house involved in the case has met the conditions for property registration and has clear ownership. The lawyer supports the plaintiff's litigation request: to order the three third parties to assist in registering the initial ownership of the house under Liu Shufen's name, and Liu Shufen will continue to perform the contract to transfer the ownership of the house to Li Minhua's name. The defendant will bear the litigation costs, and the buyer will eventually be able to complete the property registration.

5. Henglu Law Firm's Advice

The purchase of relocation resettlement housing involves a long cycle and high risks. Before signing the contract, it is necessary to confirm that the property owner and co-owners agree to the transaction, and to clarify the obligations to cooperate with the transfer of ownership after obtaining the certificate and the liability for breach of contract. This case is handled by Beijing Henglu Law Firm [Li YonghuiThe lawyer (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as an agent and, based on the rules of the sales contract and property registration, helps the buyer complete the transfer of ownership procedures.

VI. Common Questions and Answers about Real Estate Transactions

  1. Q: What should I do if the seller refuses to cooperate with the transfer of ownership after purchasing a resettlement house?
    A: You can sue based on evidence such as the sales contract, payment receipts, and certificates of consent to sell, and request the defendant to continue to perform the contract and order the defendant to assist in the registration and transfer of ownership.
  2. Q: Can the relocation resettlement housing be forcibly transferred even if it doesn't have a property ownership certificate?
    A: The absence of a property ownership certificate does not affect the validity of the contract, but the property must first be registered in the seller's name before transferring ownership. The buyer can request a third party to assist with the initial registration.
  3. Q: If the seller's children change their minds and refuse to cooperate with the transfer of ownership, is it still valid?
    A: If the child has already issued a certificate of consent to the sale and then changes his or her mind, the buyer generally cannot challenge the transaction. The court may order the child to continue to fulfill his or her obligations.
  4. Q: Is the sales contract for the relocation housing valid?
    A: If the buyer and the seller truly express their intention to enter into the contract and the contract does not violate any mandatory provisions of the law, the contract is valid and the buyer can demand its performance.
  5. Q: How can a Beijing real estate lawyer assist with the transfer of ownership of relocation housing?
    A: By using a chain of evidence to determine ownership and transfer conditions, and adding a third party as the registration subject, the system requests assistance with registration and transfer of ownership.