[Direct answer]In the Beijing area, if the purchase contract does not stipulate the seller's breach of contract compensation ratio, it does not affect the buyer's right to claim compensation, and the compensation amount can be determined according to law. According to Article 584 of the Civil Code of the People's Republic of China (effective from January 1, 2021), the amount of compensation for losses shall be equivalent to the losses caused by the breach of contract, including the benefits that could have been obtained after the performance of the contract, but shall not exceed the losses that the breaching party foresee or should have foreseen at the time of concluding the contract; Article 585 stipulates that the parties may agree on a breach of contract penalty. If no such agreement is made, the breaching party shall compensate for the losses caused by the breach of contract. In addition, Article 587 stipulates the rules on deposits: If the party receiving the deposit fails to perform the debt or performs it in a manner inconsistent with the agreement, resulting in the failure to achieve the purpose of the contract, it shall return the deposit in double. Therefore, if the seller breaches the contract, the buyer may claim compensation based on the actual losses (such as the difference in the increase in housing prices, the loss of funds occupied by the paid housing money, and the expenses of agency fees and taxes), and may require the seller to continue to perform the contract. If the contract stipulates a breach of contract penalty, it shall be handled in accordance with the agreement. If the agreed amount is too high or too low, the buyer may request an adjustment. In practice, the buyer should promptly fix the evidence of the seller's breach of contract, assess the scope of losses, and choose to continue to perform the contract or terminate the contract and claim compensation.

I. Problem Background and Typical Scenarios

In second-hand or commercial housing transactions, it's not uncommon for sellers to change their minds after receiving the deposit or part of the purchase price, refuse to transfer ownership, or fail to cooperate with online signing. Typical situations include: the seller breaching the contract after the house price rises, selling the same house to two different buyers, delaying the transfer of ownership for various reasons, or the seller being unable to fulfill the contract due to purchase restrictions or property rights defects. If the contract does not stipulate the percentage of compensation for breach of contract, buyers often don't know how much they can claim. With high property values in Beijing and significant potential losses from price fluctuations, whether buyers can provide evidence and claim compensation in a timely manner directly determines the outcome of the compensation. Clarifying the legal basis and claim path is the first step in protecting their rights.

II. Key points of dispute

First, if the contract does not stipulate the compensation ratio, can the buyer claim compensation and how should it be calculated? Second, whether the price difference due to the rise in housing prices constitutes a loss of expected benefits and whether compensation can be obtained. Third, whether the deposit and the liability for breach of contract can be used concurrently, and how to choose between them. Fourth, whether the buyer can request the seller to continue to perform the contract, and under what circumstances it will be difficult to support such a request. Fifth, if the seller sells the same property to two different buyers, how can the buyer assert his rights? Sixth, the burden of proof and the organization of evidence for the amount of losses. Only by clarifying these issues can we determine the claim scheme and expectations.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a client in an arbitration case involving a dispute over a commissioned creation contract: the applicant completed and delivered the work as agreed, but the other party delayed paying the remaining contract amount of 583,000 yuan after accepting the work. After accepting the case, Henglue Law Firm reviewed the contract terms, acceptance records, and communication records, arguing that the work had been accepted and the delay was caused by the other party. The firm requested arbitration to enforce payment of the contract amount and default penalties, and also claimed attorney's fees. The arbitration tribunal adopted the firm's main arguments and ruled that the other party should pay the contract amount of 583,000 yuan and compensate all attorney's fees. This case shows that in disputes over breach of contract liability, contractual provisions and evidence organization directly determine whether claims can be realized: where there are clear default penalty provisions, claims should be made according to the provisions; where there are no such provisions, evidence must be provided based on actual losses and foreseeable benefits. Similarly, where the purchase contract does not stipulate a compensation ratio, the buyer can still claim compensation for losses caused by the seller's breach of contract, such as the price difference and the loss of use of funds. The key lies in comprehensively fixing evidence of the contract, payment, communication, and losses, and accurately applying compensation rules. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: 1. Preserve the purchase contract, payment receipts for the down payment and purchase price, online signing records, and communication records; 2. Promptly send a written notice to the seller to urge them to fulfill their obligations, clearly stating the facts of their breach of contract; 3. Assess and document evidence of losses, such as house prices in the same area during the same period, appraisal reports, and financing costs; 4. Evaluate the feasibility and benefits of continuing to perform the contract or seeking compensation for breach of contract; 5. If a deposit is involved, claim double repayment in accordance with the rules on deposits; 6. Apply for property preservation as necessary to prevent the house from being disposed of elsewhere. Legal basis: Articles 577, 584, 585, and 587 of the Civil Code of the People's Republic of China (effective January 1, 2021) regarding breach of contract liability, compensation for losses, and provisions on penalties and deposits. For real estate transactions, please consult a professional for further advice.Business and contract disputes in enterprisesTeam; for reference, it involves real estate transactions and construction projectsReal estate transactions and construction projectsService; it can be combined with the execution of judgments and the recovery of compensationCreditor's rights and debts, and enforcementThe above content is for reference only. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

1. If the compensation ratio is not specified, it doesn't mean you can't claim compensation. You can claim compensation based on the actual losses suffered. 2. The price difference resulting from a rise in housing prices constitutes a recoverable benefit, and there's a chance of obtaining compensation, but you need to provide evidence. 3. Generally, you can choose to claim either the deposit or the breach of contract penalty, and you need to evaluate which is more advantageous. 4. If it's possible to continue performing the contract, you should prioritize continuing performance to avoid only obtaining monetary compensation. 5. Promptly preserve the property to prevent the occurrence of a situation where the same property is sold to two different buyers, resulting in the inability to fulfill the contract. For matters involving intellectual property and legal services, you can refer to the relevant resources for further guidance.Intellectual property protection and corporate lawFor columns, if there are any other difficult issues, we can assist with themSpecial services and other cases板块。

VI. Frequently Asked Questions

Q1: If the contract does not stipulate the proportion of compensation for breach of contract, can I still ask the seller to compensate me?

Yes. If no penalty for breach of contract has been agreed upon, the actual losses caused by the breach of contract shall be compensated in accordance with Article 584 of the Civil Code, including the benefits that could be obtained after the performance of the contract. Although the purchase contract does not specify the compensation ratio, the buyer can still claim the difference in the price increase of the house, the loss of funds occupied and reasonable expenses, etc. However, the buyer needs to provide evidence of the existence and amount of the losses. The court will determine the amount of compensation in accordance with the evidence and the rule of foreseeability.

Q2: Can I ask the seller to compensate for the price difference resulting from the rise in housing prices?

Those who meet the requirements can do so. The price difference resulting from the increase in housing prices is a benefit that can be obtained after the performance of the contract and belongs to the loss of expected benefits. Buyers usually need to provide evidence such as the market price of houses in the same period and the same area, appraisal reports, etc. to prove the price difference, and to prove that the loss was foreseeable by the seller when the contract was concluded. The amount of the price difference, the foreseeability, and whether the buyer took timely mitigation measures will all affect the final amount of compensation.

Q3: Can the deposit and the breach of contract penalty be claimed at the same time?

Generally, they cannot be used concurrently and one of them should be chosen. According to Article 587 of the Civil Code, if the party receiving the deposit fails to perform the obligation or performs it in a manner inconsistent with the agreement, resulting in the failure to achieve the purpose of the contract, it shall return the deposit in double; Article 585 of the Civil Code stipulates the penalty for breach of contract. If the parties have agreed on both the penalty for breach of contract and the deposit, the other party may choose to apply the penalty for breach of contract or the deposit clause when one party breaches the contract. It is necessary to choose the more favorable one based on the amount and the difficulty of providing evidence.

Q4: Can we ask the seller to continue to fulfill the contract and handle the transfer of ownership?

This can be claimed, and it is usually given priority. As long as the contract is valid and there is no situation of performance impossibility with the house, the buyer has the right to request continued performance and handle the transfer of ownership. However, if the house has been sold to a bona fide third party and the transfer has been completed, or there are other obstacles to performance, it may not be possible to continue performance. In this case, the buyer can instead claim compensation for losses. Whether the conditions for performance are met needs to be determined based on the ownership and registration status of the house.

Q5: What should a seller do if they sell the same house to two different buyers?

You should assert your rights and apply for property preservation in a timely manner. If the house has been transferred to others, you need to check whether the third party constitutes a bona fide acquisition; if it has not been transferred, you can request the seller to continue to perform the contract and handle the transfer formalities. The buyer should also keep evidence of the contract, payment, and communication, and claim compensation for the loss of the price difference, the loss of funds occupied, and the return of the paid purchase price. If the case of selling the same house to two buyers is serious, it may also involve contract fraud, and you can report it to the public security organ. If the case is complicated, it is recommended to entrust a lawyer to handle it.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit.Business and commercial legal services·Attorney Xiong Binrong·Beijing Henglue 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. In the event of a dispute, please consult a practicing lawyer in time.