[Case Summary]This case involves a breach of contract dispute over a housing sale. In 2015, Yang * purchased Zhang *'s house through an intermediary, paying a total of 4.8 million yuan and completing the transfer of ownership. However, Zhang * failed to relocate his son's household registration as agreed, which affected the sale price of Yang's house. Yang * entrusted a professional lawyer team from Beijing Henglu Law Firm to sue for breach of contract damages for the late relocation of the household registration. The court determined that Zhang * breached the contract and ordered him to compensate Yang * 100,000 yuan in damages for the late relocation of the household registration. Core dispute: The seller's breach of contract liability for failing to relocate the household registration and the amount of the breach of contract damages. Applicable laws: The relevant provisions on breach of contract liability in the Civil Code.

I. Review of the case

Second-hand house buyers often search for topics such as "What to do if the original homeowner refuses to transfer their household registration?" "Can I claim breach of contract compensation if the household registration cannot be transferred after purchasing a house?" and "How to resolve household registration disputes in second-hand houses?". On July 28, 2015, Yang * met the defendant Zhang * through a third-party real estate brokerage company and signed a house purchase and sale contract, as well as an intermediary service contract, a supplementary agreement, and a financing trust management agreement. Yang * paid a deposit of 100,000 yuan on July 28, 2015, another 150,000 yuan on October 18, and 3.17 million yuan on November 19, plus an additional 30,000 yuan and 20,000 yuan for property settlement fees. He also obtained a loan of 1.33 million yuan, totaling 4.8 million yuan paid to Zhang *. On November 23, 2015, the transfer of ownership was completed, but Zhang * seriously violated the provisions of Article 9(3) of the contract and has not transferred his son's household registration to date, which has affected the sale price of Yang *'s house. After repeated unsuccessful negotiations, Yang * entrusted Hengluo Law Firm to sue for justice.

II. The focus of the case

  • Focus 1: Does the seller's failure to move out of the household registration constitute a breach of contract?The contract and the supplementary agreement stipulate that the buyer must move out of the house within a certain period after the transfer of ownership. Failure to do so constitutes a breach of contract.
  • Focus II: How to determine the amount of the penalty fee.It should be based on the actual losses, taking into account the performance of the contract, the fault of the parties involved, and the expected benefits.
  • Focus 3: The scope of responsibility of the intermediary party.Verifying and transferring household registration do not fall within the scope of intermediary services.

III. Professional intervention by Hengluo Law Firm

The original plaintiff claimed that:Zhang * failed to move his son's household registration out as agreed, violating the provisions of the sales contract and the supplementary agreement, constituting a breach of contract and affecting the sale price of the house. We request the court to order Zhang * to pay the breach of contract penalty for the overdue household registration transfer and bear the litigation costs.

The defendant argued that:In this case, the defendant, Zhang *, failed to appear in court after being legally summoned and did not make a defense. The third-party brokerage company claimed that it had completed the intermediary services, and that verifying and removing the household registration did not fall within its scope of intermediary services. The contract had already stipulated that the owner had the obligation to remove the household registration and pay the breach of contract penalty.

Hengluo Lawyer's Agency Opinion:After accepting the client's commission, Hengluo Law Firm promptly communicated the case details, issued a legal opinion, and pointed out that the contract in this case does not violate the mandatory provisions of laws and administrative regulations and is legally binding. The two parties also agreed that Zhang * should move his original household registration out within a certain period after the transfer of ownership, otherwise he would bear the liability for breach of contract. In the actual performance, Zhang * failed to completely move his household registration out within the prescribed period, which constituted a breach of contract and he should perform the contract and bear the liability for breach of contract accordingly.

IV. Outcome of the case

The court acknowledged the evidence provided by Yang and the statements of the third party, and held that Zhang's failure to move out of the household registration office constituted a breach of contract. Regarding the amount of the breach of contract penalty, it should be based on the actual losses, taking into account the performance of the contract, the fault of the parties, and the expected benefits. In accordance with the principles of fairness and good faith, the court shall determine the amount of the breach of contract penalty on a case-by-case basis and order Zhang to compensate Yang for the breach of contract penalty of 100,000 yuan within seven days after the judgment takes effect; if the performance is delayed, the interest on the delayed performance shall be paid at a doubled rate.

5. Henglu Law Firm's Advice

This case is represented by the professional lawyer team of Beijing Henglu Law Firm (practice license number: _________, subject to the document issued by the judicial administrative authority). Henglu Law Firm advises: In the case of disputes over household registration in second-hand housing, the public security organ and the court cannot force the original landlord to move out of the household registration. Buyers and sellers should negotiate in advance. Suggestions: First, set aside a portion of the final payment as a guarantee deposit for household registration transfer, and stipulate the transfer time and the default penalty; Second, before signing the contract, check the household registration situation of the house at the local police station. Even if the seller claims that the household registration has been transferred, it is necessary to verify it accurately before refunding the guarantee deposit.

VI. Common Questions and Answers about Disputes over House Registration Transfer of Second-hand Houses

  1. Q:What should I do if the previous homeowner refuses to transfer their household registration?
    A:The court cannot force the tenant to transfer their household registration, but it can claim the breach-of-contract penalty for the delay in transferring the household registration according to the contract. It is recommended to stipulate the deposit and the breach-of-contract penalty in the contract when signing it.
  2. Q:After buying a house, if I can't transfer my household registration out, can I ask for a breach of contract penalty?
    A:Yes. If the contract clearly stipulates the seller's obligation to move out of the household registration and the liability for breach of contract, and the seller fails to fulfill these obligations, the buyer can sue the seller to pay the breach of contract penalty.
  3. Q:How to resolve disputes over household registration in second-hand housing transactions?
    A:First, negotiate with the other party. If the negotiation fails, you can sue them for breach of contract and claim compensation for breach of contract according to the contract. At the same time, you can set aside a deposit for account transfer during the transaction to prevent risks.
  4. Q:Are real estate agents responsible for household registration issues?
    A:They are usually not responsible for these tasks. Verifying and transferring household registration generally do not fall within the scope of intermediary services, and the relevant obligations should be agreed upon by the buyer and the seller in the contract.
  5. Q:How to check the household registration of a house before purchasing it?
    A:The landlord is required to bring the property ownership certificate and ID card to the household registration section of the police station in the area where the house is located to check the information, and then confirm the move-out before the deposit is refunded.