[Direct answer]In the Beijing area, property transfers are not allowed before the lockdown is lifted, but they can be conducted normally after the lockdown is lifted. According to the Civil Code of the People's Republic of China and relevant implementation regulations, the seizure of property is a control measure during enforcement, which restricts the disposition and transfer of the property but does not change the ownership. During the seizure period, the transfer registration of the seized property cannot be carried out, and if it is sold, there is a high risk of legal disputes. If the seizure has been legally lifted, the property will return to a tradable state and can be purchased. Therefore, before purchasing, it is necessary to verify whether the seizure has been lifted and whether there are other mortgages or rights restrictions. In addition, it is necessary to stipulate in the contract the conditions for lifting the seizure, fund supervision, and breach of contract liability to avoid being unable to obtain the property rights after making the payment.

1. Problem background and typical scenarios

The buyer was interested in a second-hand house, but the agent said, "The house was previously sealed off, but it has now been unsealed." The buyer was both excited and worried: Could they buy the house now that it has been unsealed, and would there be other problems? There have also been cases where buyers signed contracts and made payments during the sealing period, only to later discover that they couldn't transfer the ownership or that the house had been auctioned off for enforcement. Sealing and unsealing affect the transaction's security, so it's essential to verify the situation before purchasing a house.

II. Key points of contention

The controversy focuses on the following four aspects: first, the restrictions on sales and transfers imposed during the seizure; second, whether the property can be fully traded after the seizure is lifted; third, the legal effect and risks of contracts signed during the seizure period; and fourth, the buyer's verification and self-protection measures. The judicial trend is that the seller's rights to dispose of the property are restricted during the seizure period, and the transaction will be resumed after the seizure is lifted. If the seller conceals the facts and sells the property during the seizure period, causing losses to the buyer, the seller may be held liable for breach of contract.

III. Professional analysis by Henglue Law Firm

Firstly, the nature and impact of the seizure: Seizure is a control measure taken by the court against the house, restricting its transfer, mortgage, and registration of ownership. During this period, even if a contract is signed, the registration of ownership cannot be completed, and the house may still be subject to enforcement disposal. Secondly, the status after the seizure is lifted: After the seizure is legally lifted, the house can resume trading, but the buyer should still verify whether there are other rights restrictions such as seizure, mortgage, objection registration, or lease to ensure clear ownership. Thirdly, the risks of signing a contract during the seizure period: If the seller conceals the fact of seizure and sells the house, the buyer may face long-term difficulties in completing the registration of ownership after making the payment, or even have the house auctioned, resulting in significant losses. Although the contract may be valid, there are major obstacles to its performance and obtaining ownership. Fourthly, verification methods: Check the rights status and restrictions at the real estate registration authority to determine whether there is seizure or mortgage. If necessary, verify with the enforcement court whether the seizure has been lifted and whether there are outstanding debts. Fifthly, precautions and agreements: The contract should clearly stipulate that the seller guarantees that the house is free from seizure or other rights restrictions, that the seizure will be lifted within a specified period, and that the seller will adopt fund supervision and make payments according to the progress of ownership registration. The seller's breach of contract liability should also be stipulated. When handling real estate disputes, our firm typically organizes evidence around the ownership status, contract provisions, and fund flows to help buyers claim for contract termination, return of the down payment, or compensation for losses. It should be noted that the lifting of the seizure does not mean that the debt dispute has been completely resolved. If the house is still subject to other enforcement cases or there are outstanding debts, it may be subject to seizure again. Therefore, in addition to verifying the current seizure status, buyers should also understand the seller's litigation and debt situation and require the seller to issue a commitment of no seizure and stipulate high breach of contract penalties to control the transaction risks within acceptable limits. In summary, the key to whether a purchase can proceed is not "whether it has been seized before", but "whether it has been legally lifted and there are no other rights encumbrances now". Only with thorough verification and clear agreements can buyers feel secure in making transactions.

IV. Practical suggestions and legal basis

The first step is to check the real estate registration and foreclosure information before purchasing to confirm whether the foreclosure has been lifted. The second step is to verify whether there are other mortgages, leases, or objection registrations. The third step is to stipulate in the contract the deadline for lifting the foreclosure, fund supervision, and breach of contract liability. The fourth step is to claim from the seller the rescission of the contract, refund, and compensation in the event of a dispute. The main legal basis includes the provisions on sales contracts and breach of contract liability in the Civil Code of the People's Republic of China, the provisions on foreclosure, seizure, and enforcement in the Civil Procedure Law of the People's Republic of China, and the relevant regulations on real estate registration. The applicable provisions shall be based on the currently effective versions, and the specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Reminder

Three key points about the seizure of a property: 1. During the seizure period, the property cannot be transferred. It can only be purchased after the seizure is lifted. 2. Before purchasing, check the property registration, the seizure status, and any mortgages. Don’t just rely on what the real estate agent says. 3. The contract should stipulate the conditions for lifting the seizure, fund supervision, and breach of contract clauses. Payment should proceed in tandem with the property transfer. For real estate transactions, you can refer to the following resources:Real estate transactions and construction projectsThe service provides a comprehensive solution, which involves the implementation and unlocking that can be combined together.Creditor's rights and debts, and enforcementFor contract disputes, you can refer to the following sections for more information.Business and contract disputes in enterprisesFor any questions regarding difficult transactions, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Can the seized house be purchased after it has been unsealed?

Yes. After the lockdown is lifted, the property can be traded again, but you should verify whether there are still mortgages, other seizures, or rights restrictions to ensure that the ownership is clear before conducting the transaction.

Q2: What information should be checked before purchasing a house?

The rights and restrictions of real estate registration, the status of seizure and unsealing, mortgage and lease registration, the seller's identity and ownership, and if necessary, verification with the enforcement court.

Q3: Are the costs of such transaction disputes high?

Generally, inquiries do not incur any fees. Lawsuits are charged based on the amount in dispute. The attorney's fee charged for legal representation depends on the complexity of the dispute, and for large cases, the fee is calculated based on the amount in dispute.

Q4: How long will it take to resolve the housing dispute?

The negotiation process can take several weeks to months, and the litigation process follows a simplified procedure for three to six months, involving extended periods of enforcement and auctioning.

Q5: Is the contract signed during the seizure period valid?

The contract is generally valid, but it cannot be transferred and the house may be subject to enforcement. The buyer can hold the seller accountable for breach of contract according to the contract and claim for rescission, refund, and compensation.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for real estate transactions·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.