[Direct answer]In the Beijing area, buyers can choose to demand continued performance or claim breach of contract liability. According to the Civil Code of the People's Republic of China (effective January 1, 2021), if a party fails to perform its contractual obligations or performs them in a manner inconsistent with the agreement, it shall bear breach of contract liabilities such as continued performance, remedial measures, or compensation for losses; the parties may agree on a breach of contract penalty, and if such a penalty is agreed upon, it shall be paid in accordance with the agreement; if the party receiving the deposit fails to perform its obligations, it shall return the deposit in double. Therefore, if the seller refuses to transfer ownership, increases the price to breach the contract, or fails to cooperate with online signing, the buyer may choose according to the actual situation: require the seller to continue performing the contract and cooperate with the transfer of ownership, or terminate the contract and demand double return of the deposit, payment of breach of contract penalties, and compensation for losses. In practice, if there are no performance obstacles and the buyer is willing to continue purchasing, demanding continued performance is often more conducive to achieving the purpose of purchasing the house; if there is no possibility of performance or the buyer is unwilling to continue, the buyer may claim breach of contract compensation. When handling the matter, it is necessary to promptly fix evidence, issue a written reminder, and pay attention to litigation preservation.

1. Problem background and typical scenarios

When house prices fluctuate, it's not uncommon for sellers to breach their contract. There are typically three scenarios: first, after signing the contract, the house price rises, and the seller demands a price increase or refuses to transfer ownership; second, the seller is unable to fulfill the contract due to family disputes or property rights defects; third, the seller has already received the deposit but sells the property to someone else. In different situations, the remedies and outcomes vary.

II. Key points of contention

Firstly, can the buyer request continued performance, and under what circumstances will the court support this? Secondly, can the penalty for the deposit and the breach of contract penalty be used concurrently? Thirdly, the standard and adjustment of the breach of contract penalty. Fourthly, the scope of compensation for losses, including whether the loss of the price difference is included. Fifthly, the timing of securing evidence and preserving property. These issues determine whether the buyer can realize their rights and interests.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm has summarized three key points in property disputes. Firstly, regarding the choice of legal remedies: If the ownership of the property is clear, there are no mortgages or seizures, and the buyer is willing to purchase, the seller may request continued performance and handle the transfer of ownership. If the property has already been sold to another party or cannot be performed for other reasons, the seller may terminate the contract and claim breach of contract damages. Generally, a claim for continued performance and a claim for breach of contract damages cannot be made simultaneously, and the choice should be based on the intended outcome. Secondly, regarding the deposit and breach of contract damages: If the party receiving the deposit breaches the contract, it shall return the deposit in double. If the contract stipulates both a breach of contract penalty and a deposit, the party in compliance may choose to apply one of them and cannot claim both simultaneously. If the breach of contract penalty is obviously too high or too low, the party may request an adjustment. Thirdly, regarding compensation for losses: If the buyer incurs additional costs in purchasing another property due to the seller's breach of contract, the buyer may claim actual losses such as the price difference, but must provide evidence of the existence and causality of the losses, such as the transaction price of the alternative property and market appraisals. Fourthly, regarding evidence and preservation: The parties should promptly fix the contract, payment receipts, communication records, and evidence of the seller's breach of contract, and issue a written reminder. To prevent the seller from transferring the property or selling it to another party, they may apply for property preservation when suing and seize the involved property. Fifthly, regarding practical strategies: Negotiating with the seller to terminate the contract and claim compensation is often a faster way to realize interests than long-term litigation. If negotiations fail, promptly suing and applying for preservation can avoid the seller disposing of the property and rendering performance impossible. Sixthly, regarding risk warnings: The buyer should also pay the purchase price and cooperate with online signing in accordance with the contract to avoid affecting their claims due to their own breach of contract. Before signing the contract, they should verify the property rights, mortgages, and co-owners to reduce risks. This case was handled by Beijing Henglue Law Firm. 恒略律师在房产纠纷中总结了三点经验。其一，路径选择：若房屋权属清晰、无抵押查封且买方愿意购买，可诉请继续履行并办理过户；若房屋已另售或因其他原因无法履行，则可解除合同主张违约责任。继续履行与违约金主张一般不能同时要求，需根据目的选择。其二，定金与违约金：收受定金一方违约的，应双倍返还定金；合同中既约定违约金又约定定金的，守约方可选择适用其一，不能重复主张。违约金明显过高或过低的，可请求调整。其三，损失赔偿：因卖家违约导致买方另行购房成本增加的，可主张差价等实际损失，但需举证损失的存在与因果关系，如另行成交价、市场评估等。其四，证据与保全：应及时固定合同、付款凭证、沟通记录与卖家违约的证据，发出书面催告；为防止卖家转移房产或另售，可在起诉时申请财产保全，查封涉案房屋。其五，实务策略：与卖家协商解除并主张赔偿，往往比长期诉讼更快实现利益；若协商无果，及时起诉并申请保全，避免房屋被处分导致履行不能。其六，风险提示：买方自身也应按约支付房款与配合网签，避免因自身违约影响主张；签约前应核查产权、抵押与共有人情况，降低风险。本案由北京恒略律师事务所代理。Liu DonghuaThe attorney (practice certificate number: 11101199911363364, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, choose to continue to perform or terminate the claim according to the purpose of purchasing the house; Second, send a written reminder in time and fix the evidence of breach of contract; Third, apply for property preservation when suing to prevent the house from being disposed of; Fourth, check the clauses of the deposit and the penalty for breach of contract to avoid making duplicate claims. For matters involving real estate sales and contracts, you can refer to the relevant provisions.Property sales and construction projects; For those involved in the review of contract terms, you can refer to the following materials for reference.Business and contract disputes in enterprises; For matters related to the execution of judgments, you can refer to the following documents for reference.Creditor's rights and debts, and enforcementLegal basis: Articles 577, 584, 585, and 587 of the Civil Code of the People's Republic of China (effective as of January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, continue to exercise the right to choose between the claim for breach of contract penalty and the claim for the deposit, and the choice should be based on the purpose of purchasing the house. Secondly, the claim for the deposit and the claim for the breach of contract penalty cannot be made concurrently, and the party in breach of contract may choose the more favorable one to apply. Thirdly, the loss of the price difference can be claimed, but evidence must be provided. Fourthly, timely preservation can effectively prevent the house from being sold to others. For the overall solution of protecting rights in second-hand housing transactions, you can refer to the following methods:Real estate transactions and construction projectsThe service is supported. For more information, please visitThe official website of Beijing Henglue Law FirmI understand.

VI. Frequently Asked Questions

Q1: If the seller refuses to sell the house, can the buyer still demand that the seller fulfill the contract?

Yes, but it must meet certain conditions. If the ownership of the house is clear, there is no mortgage or seizure, and there are no obstacles to performance, and the buyer is willing to purchase it, the buyer may request the seller to continue to perform the contract and handle the transfer of ownership. If the house has been sold to someone else or cannot be performed for other reasons, the buyer can only claim breach of contract liability. Whether to support this will be determined by the court based on the likelihood of performance.

Q2: Can I claim both the deposit and the breach of contract penalty together?

Generally, this is not allowed. If the contract stipulates both the penalty for breach of contract and the deposit, the non-breaching party may choose to apply either the penalty for breach of contract or the deposit clause, but cannot claim both simultaneously. If the party receiving the deposit breaches the contract, it shall return the deposit in double. The party in compliance with the contract may choose the more advantageous claim after comparing the actual benefits of the two methods.

Q3: What should I do if the penalty for breach of contract is too high or too low?

An adjustment may be requested. If the agreed penalty for breach of contract is excessively higher than the actual loss, the breaching party may request a reasonable reduction; if it is too low compared with the actual loss, the complying party may request an increase. The court will base its judgment on the actual loss, taking into account the performance of the contract, the degree of fault, and the expected benefits, etc., to balance the interests of both parties.

Q4: Can I claim the price difference resulting from the increase in housing prices?

This can be claimed, but evidence is needed. If the seller's breach of contract results in an increase in the buyer's cost of purchasing another house, the price difference constitutes actual losses, which can be proven by the transaction price of the other house, market evaluations, and changes in housing prices during the same period. The more evidence there is, the greater the likelihood of obtaining support, and the specific amount will be determined by the court.

Q5: How to prevent sellers from selling the house to others?

You can apply for property preservation at the time of prosecution, request the court to seal up the houses involved in the case to prevent the seller from transferring or selling them elsewhere; at the same time, send a written reminder in time and keep the evidence. Preservation requires providing a guarantee, and the court will decide after reviewing it. Taking preservation measures as soon as possible can effectively guarantee the fulfillment of the contract or the realization of 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 Henglue Lawyers about 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, so as to avoid missing the statutory time limit. →Legal services for real estate transactions·Attorney Liu Donghua·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.