[Direct answer]In the Beijing area, it can be attempted, but whether the transfer can be enforced depends on the validity of the contract and the conditions for its performance. If the sales contract is legal and effective, the buyer has paid the price as agreed and meets the conditions for transfer, and the seller refuses to perform without justifiable reasons, the buyer may request the seller to continue to perform the contract, assist in handling the transfer registration, and claim breach of contract damages or compensation for losses; if the seller still refuses to perform after the judgment takes effect, the buyer may apply for enforcement. According to the provisions of the Civil Code of the People's Republic of China (effective January 1, 2021) on contract performance and breach of contract liability, the party in breach of contract has the right to request continued performance. However, if the contract is invalid or revocable, or if the house has been sealed up, mortgaged, or sold to others and the third party has acquired it in good faith, continued performance may be hindered. In this case, the contract is usually terminated and the buyer is required to return the payment and compensate for losses. The specific situation shall be subject to the actual performance of the contract, current effective laws and regulations, and judicial rulings.

I. Problem Background and Typical Scenarios

When house prices fluctuate, sellers often change their minds before the transfer of ownership, leaving buyers in a dilemma. Typical scenarios include: after signing the contract and making the payment, the seller demands a price increase; after online signing, the seller refuses to attend the transfer of ownership; the seller sells the house to others or sets up a mortgage; the house is sealed up due to the seller's debts; and disputes over the performance conditions arise due to unclear contract provisions. In the above situations, whether the buyer can request continued performance or forced transfer of ownership depends on the validity of the contract, the payment situation, and the current status of the house. For related real estate disputes, please refer to the following for more information:Real estate transactions and construction projects.

II. Key points of contention

First, the validity of the sales contract and the conditions for its performance. Second, the feasibility of the buyer's request for continued performance and forced transfer of ownership. Third, the form of the seller's liability for breach of contract, whether it is to continue performance or to compensate for losses. Fourth, the handling of the house being sealed up, mortgaged, or resold. Fifth, the determination of a third party's bona fide acquisition. Sixth, the application of the deposit and penalty clauses. Seventh, pre-litigation preservation and enforcement measures. The above issues determine whether the buyer can achieve the purpose of transferring ownership. For issues related to enforcement and preservation, please refer to the relevant provisions.Creditor's rights and debts, and enforcement.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers once represented a second-instance case of a housing sales contract dispute: A company needed a loan for its affiliated enterprise, so it signed a bulk housing sales contract in the name of an employee, sold the house to the employee at an agreed price, and then had the employee apply for a mortgage and transfer the payment to the company. However, the employee refused to cooperate with the transfer of ownership, so the company sued to confirm the contract's invalidity and restore the registration. The first-instance court dismissed the case due to insufficient evidence. After the lawyer represented the case in the second instance, the focus was on the abnormality of the transaction and the completeness of the evidence chain. By reconstructing the flow of funds, the evidence of holding title certificates and fees, as well as the holding agreements and receipts, it was proven that there was no genuine sales agreement between the parties, but rather a loan in the name of the employee. The second-instance court ruled to confirm the invalidity of the sales contract and ordered the restoration of the registration to the company's name. This case shows that disputes before the transfer of ownership often involve two aspects: one is whether the contract is genuine and valid, and the other is whether the house can be registered. Regarding the seller's withdrawal, if the contract is legal and valid and the buyer has performed according to the contract, the buyer can claim continued performance and apply for forced transfer; but if the contract has invalid or revocable grounds, or the transaction itself is a false expression of intention, it should be handled by confirming the invalidity, restoring the registration, or returning the payment. Henglue Lawyers usually first review the authenticity of the contract and the performance of the contract to determine whether there are conditions for continued performance, and then decide whether to claim forced transfer, rescission and return, or confirm the invalidity. At the same time, they consider pre-litigation preservation to fix the status of the house. This case was handled by Beijing Henglue Law Firm.Li YonghuiThe attorney (practice certificate number: 11101199611955812, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, when signing the sales contract, clarify the price, the transfer deadline, and the liability for breach of contract; Second, the buyer should pay the money on time and keep the payment receipts, and handle the online signing and loan procedures in accordance with the requirements; Third, if the seller changes his/her mind, the buyer should immediately assert his/her rights and, if necessary, apply for pre-litigation preservation to prevent the seller from selling the property to others; Fourth, review whether the contract contains any invalid or revocable clauses; Fifth, if the seller still fails to fulfill his/her obligation to assist in the transfer of ownership after the judgment, the buyer should apply for forced execution. Legal basis: The provisions of the Civil Code of the People's Republic of China (effective January 1, 2021) on contract performance, liability for breach of contract, continued performance, and registration of real estate property rights; The provisions of the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and effective January 1, 2024) on property preservation and enforcement. For real estate transactions, you can refer to the relevant provisions.Real estate transactions and construction projects; For issues concerning the validity of the contract, you can refer to the following materials for reference.Business and contract disputes in enterprises; For reference on enforcement and preservation of rights, please refer to the following content.Creditor's rights and debts, and enforcementThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, if the contract is valid and the buyer has performed his obligations in accordance with the contract, he may claim for the performance of the contract and enforce the transfer of ownership. Secondly, pre-litigation preservation is an important means to prevent the seller from selling the property to others. Thirdly, if the house is sealed up, mortgaged, or acquired by a third party in good faith, the performance of the contract may be hindered. Fourthly, if the contract is invalid or constitutes a false expression of intention, the parties should proceed to confirm the invalidity and request the return of the property. Fifthly, it is crucial to protect one's rights in a timely manner and preserve evidence. For property disputes, the parties may seek legal redress through the following channels:Real estate transactions and construction projectsObtain a comprehensive solution for the service.

VI. Frequently Asked Questions

Q1: If the seller changes his mind and refuses to sell the house, can the transaction be forcibly transferred to the buyer?

It can be attempted. If the sales contract is legal and valid, the buyer has paid the money as agreed and meets the conditions for transfer of ownership, the buyer can request the seller to continue to perform the contract and request the court to assist in the transfer of ownership. If the seller fails to perform the contract after the judgment takes effect, the buyer can apply for enforcement, but it is necessary to examine whether there are obstacles to performance.

Q2: If the house has already been sold to a third party, can I still get it back?

It depends on the circumstances. If the third party has acquired the property in good faith and has already registered it, it is usually difficult to recover it. The buyer can then seek to hold the seller liable for breach of contract and demand compensation for losses; if the third party is not acting in good faith or has not yet registered the property, there may still be a chance to seek continued performance of the contract.

Q3: Is it legal for sellers to raise prices and require buyers to pay the price difference?

There is no contractual basis. The increase in housing prices does not constitute a legal reason for amending the contract, and the seller is not allowed to unilaterally demand a price increase. The buyer has the right to require the seller to perform the contract as agreed and may claim damages or compensation for breach of contract caused by the seller's delay in performance.

Q4: What should I do if my house is sealed up during the litigation process?

It is possible to assess the impact of the seizure on the continuation of the performance, and to coordinate with the enforcement procedure if necessary. If the transfer of ownership is blocked due to the seizure of the seller's debt, the buyer may claim to terminate the contract, return the payment, and compensate for the losses, or raise an objection to the enforcement according to the law.

Q5: How to prevent sellers from selling the same house to two different buyers at the same time?

Handle the online signing in a timely manner, pay the purchase price and take possession of the house as soon as possible. When there is a suspicion of selling the same house to two different buyers, apply for pre-litigation property preservation and seize the house, and at the same time, keep the contract, payment and communication evidence. If necessary, claim continued performance through litigation.

The above answer is based on the judicial practice in the Beijing area. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limits.Legal services for real estate transactions·Beijing Henglue 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. If you encounter disputes, please consult a practicing lawyer in time.