[Direct answer]Yes. After the sales contract is legally valid, a price increase does not constitute a valid reason for the seller to breach the contract. If the seller refuses to perform the contract by raising the price, refusing to accept the payment, or delaying the transfer of ownership, the buyer has the right to require the seller to continue to perform the contract, assist in the transfer of ownership, and claim damages or compensation for breach of contract in accordance with the Civil Code of the People's Republic of China (effective January 1, 2021). If the seller still fails to perform after the judgment becomes effective, the buyer may apply for enforcement. If the contract stipulates conditions for termination, or provisions on deposits and breach of contract penalties, the buyer may also claim in accordance with the contract. It should be noted that if the buyer himself fails to perform the contract as agreed, if the house is subject to seizure or mortgage, or if the seller has already sold the house to a third party who has acquired it in good faith, the buyer's continued performance may be hindered. In this case, the buyer may terminate the contract, return the payment, and claim compensation. The specific provisions shall be subject to the actual performance of the contract, current effective laws and regulations, and judicial rulings.

1. Problem background and typical scenarios

When house prices rise in the short term, it's not uncommon for sellers to breach their contract. Typical scenarios include: after signing the contract, the seller demands a price increase or refuses to cooperate with the transfer of ownership; the seller refuses to accept the remaining down payment to force the buyer to breach the contract; the seller sells the house to others; delays the online signing and transfer of ownership; and uses the intermediary or policies as excuses. In the above situations, whether the buyer requires the seller to continue with the forced transfer of ownership or to terminate the contract and seek compensation depends on the performance of the contract and the current status of the house. For related real estate disputes, please refer to the relevant provisions.Real estate transactions and construction projects.

II. Key points of contention

First, whether the seller's price increase request has a contractual basis. Second, the conditions for the buyer to request continued performance. Third, the application and adjustment of the penalty for breach of contract and the actual losses. Fourth, the connection between the penalty for a deposit and the liability for breach of contract. Fifth, the impact of the house being sold to a third party in good faith. Sixth, the handling of the buyer's own performance of the contract. Seventh, the necessity of pre-litigation preservation. The above issues determine the remedies available to the buyer. 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 Law Firm

Henglue Lawyers' experience in real estate transaction disputes is that, when facing the seller's breach of contract, it is necessary to fix the evidence as soon as possible and choose the correct litigation claims. Firstly, determine the feasibility of continuing performance. If the contract is legal and effective, the buyer has performed according to the contract, and the house meets the conditions for transfer of ownership, the buyer can request continued performance and forced transfer of ownership. If the house has been sold to others, sealed up, or mortgaged, continued performance may be hindered, and the buyer should turn to rescinding the contract and seeking compensation. Secondly, calculate the breach of contract compensation. If the contractually agreed breach of contract penalty is excessively high compared to the actual losses, the seller may request a reasonable reduction. The compensation for losses is generally based on the actual losses, which may include the loss of the price difference, the interest on the paid amount, and reasonable expenses. Thirdly, apply the penalty for the deposit. If the party receiving the deposit breaches the contract, it shall return double the amount. Finally, take timely protective measures. Before and after suing, the buyer can apply for the seizure of the house to prevent the seller from transferring or selling it to others. Henglue Lawyers usually first review the contract terms and performance evidence, then explain to the buyer the advantages and disadvantages of the two paths of continuing performance and rescinding the claim, and propose the most beneficial solution for the parties involved. For real estate and contract-related matters, you can refer to the above content for reference.Property sales and construction projects.

IV. Practical Suggestions and Legal Basis

Action list: First, specify the price, transfer deadline, and breach of contract liability in the contract; Second, make payments on time according to the agreement and keep the receipts to avoid giving others an excuse to take advantage of the situation; Third, immediately assert rights and apply for pre-litigation preservation if the seller breaches the contract; Fourth, evaluate the feasibility of continuing to perform the contract and seeking compensation; Fifth, prepare evidence of the price difference and expenses when claiming breach of contract penalties or damages. Legal basis: Provisions on contract performance, breach of contract liability, continued performance, deposit penalties, and adjustment of breach of contract penalties in the Civil Code of the People's Republic of China (effective January 1, 2021); Provisions on property preservation and enforcement in the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and effective January 1, 2024). For real estate transactions, you can refer to the relevant provisions.Real estate transactions and construction projectsFor matters concerning the validity of the contract, you may refer to the following for reference.Business and contract disputes in enterprises; For reference on enforcement and preservation, 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. Henglu Law Firm's Reminder

Firstly, the rise in housing prices is not a reason for the seller to breach the contract. Secondly, the buyer requires the seller to continue to perform the contract if the house meets the conditions for transfer of ownership. Thirdly, pre-litigation preservation is the key to preventing the seller from selling the house to others. Fourthly, the penalty for breach of contract can be adjusted if it is too high, and the losses shall be based on the actual situation. Fifthly, the buyer should also perform the contract according to the agreement to avoid being passive. For real estate disputes, you can seek help through legal channels.Property sales and construction projectsObtain a comprehensive solution for the service.

VI. Frequently Asked Questions

Q1: If the house price has risen but the seller refuses to sell, can I sue them?

Yes. The increase in housing prices does not constitute a reason for the seller to exempt himself from the obligation to perform the contract. The buyer has the right to request the seller to continue to perform the contract and assist with the transfer of ownership, or to claim the rescission of the contract, the return of the purchase price, and compensation for losses, depending on whether the house meets the conditions for performance.

Q2: Can I request the transfer of ownership at the original price?

Generally, it is possible. If the contract is legal and valid, and the buyer has performed his obligations according to the agreement, the buyer may request the seller to handle the transfer of ownership. The transaction price shall be subject to the provisions of the contract, and the seller shall not demand a price increase on the grounds of market price increases.

Q3: What should the seller do if they sell the house to someone else?

It depends on whether the third party acquired the property in good faith. If the third party acquired the property in good faith and has registered it, the buyer usually has difficulty recovering the house. In this case, the buyer can terminate the contract and demand the return of the purchase price and compensation for losses. If the property has not been registered or the third party did not acquire it in good faith, the buyer can still strive to continue to perform the contract.

Q4: Can I demand both the penalty and compensation at the same time?

Generally, a party may choose one of the following claims. If the contract stipulates a penalty for breach of contract, the party may claim the penalty as agreed. If the penalty is excessively higher than the actual loss, the seller may request a reduction. If there is no stipulation or the stipulation is unclear, the party may claim compensation for the actual loss. The two types of claims are usually not calculated in duplicate.

Q5: What preparations should be made before filing a lawsuit?

Keep the contract, payment receipts, and communication records, fix the evidence of the seller's breach of contract, apply for pre-litigation property preservation to seize the house in time, and, if necessary, entrust a lawyer to evaluate the two paths of continuing to perform the contract and claiming compensation for breach of contract.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of judgments in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, 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 open 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.