[Direct answer]In the Beijing area, the focus is on property rights verification, clause design, and fund supervision. According to the Civil Code of the People's Republic of China (implemented on January 1, 2021), parties shall fully perform their obligations in accordance with the agreement. If a party fails to perform its contractual obligations or performs them in a manner inconsistent with the agreement, it shall bear contractual liabilities such as continuing performance, taking remedial measures, or compensating for losses. To prevent sellers from breaching their contractual obligations, buyers should verify the ownership of the house, the situation of mortgages and seizures, and whether the co-owners agree to the sale before signing the contract; specify the transaction price, payment milestones, transfer deadlines, and delivery and household relocation times in the contract, and stipulate high contractual penalties and termination conditions; use fund supervision or installment payments during the payment process, and reserve the balance as performance guarantees to avoid the seller breaching the contract after the full payment. In addition, handle online signing and transfer appointment as soon as possible to shorten the transaction cycle and reduce the seller's chance of changing their mind. Through pre-review and clause constraints, the risk of breach of contract can be significantly reduced.

1. Problem background and typical scenarios

The transaction cycle of second-hand houses is long and the amount involved is large, so the risk of sellers changing their minds cannot be ignored. There are three typical scenarios: first, after signing the contract, the house price rises, and the seller demands an increase in the price or delays the transfer of ownership; second, the house is mortgaged, sealed up, or the co-owners do not agree to the sale; third, after the buyer makes the payment, the seller does not cooperate with the transfer of ownership or the delivery of the house. Different risk points require different preventive measures.

II. Key points of contention

Firstly, the verification method of property rights and co-owners' situation. Secondly, how to stipulate the liability for breach of contract and the conditions for termination. Thirdly, the arrangement of fund supervision and the reservation of the balance payment. Fourthly, the design of the time limit for online signing and transfer of ownership. Fifthly, the handling of residual issues such as household registration, property and household registration. These issues determine the stability of the transaction.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm has summarized three key points in dealing with real estate transaction disputes. Firstly, pre-contract verification: Check the ownership, mortgages, and seizures through real estate registration, and verify whether the co-owners agree to the sale and obtain written confirmation. For cases involving inheritance, divorce, or corporate real estate, it is also necessary to review the authority to dispose of the property to avoid contract performance being obstructed due to unauthorized disposition. Secondly, contract terms: Clearly define the transaction price, deposit and payment deadlines, transfer and delivery deadlines, tax responsibilities, and relocation obligations. Set default penalty clauses and termination conditions, such as allowing the buyer to terminate the contract and claim compensation if the transfer is delayed beyond a certain period. For the seller's obligation to relocate, a default penalty can be agreed upon and a final payment can be withheld until the delivery and relocation are completed, enhancing the seller's obligation to perform. Thirdly, fund supervision: Use bank or transaction agency fund supervision as much as possible, and pay according to the progress of the transfer. Withhold a portion of the final payment as performance guarantee, and pay it after the delivery and relocation are completed, strengthening the seller's obligation to perform. Fourthly, deadlines and online signing: Complete online signing and transfer appointment as soon as possible to shorten the transaction cycle. For sellers who delay for various reasons, send written reminders in a timely manner and retain evidence. Fifthly, residual issues: Agree on and verify matters such as property fees, utilities, and household registration at the time of delivery to avoid disputes later. Sixthly, dispute response: If the seller breaches the contract, the buyer can claim continued performance, default penalties, or compensation according to the contract, and apply for property preservation in a timely manner. Overall, pre-contract verification, contract terms, and fund supervision are the three pillars of risk prevention. This case is provided by Beijing Henglue Law Firm. 恒略律师在房产交易纠纷中总结了三点经验。其一，签约前核查：通过不动产登记查询了解权属、抵押与查封情况，核实共有人是否同意出售并取得书面确认；涉及继承、离婚或公司房产的，还应审查处分权限，避免因无权处分导致合同履行受阻。其二，条款设计：明确成交价、定金与付款节点、过户与交房期限、税费承担与迁户义务；约定违约金标准与解除条件，例如逾期过户超过一定期限买方有权解除并主张赔偿；对卖家的户口迁出义务，可约定违约金并预留尾款。其三，资金监管：尽量采用银行或交易机构资金监管，按过户进度付款；预留部分尾款作为履约担保，待交房与迁户完成后再支付，增强对卖家的约束。其四，期限与网签：尽快完成网签与过户预约，缩短交易周期；对卖家以各种理由拖延的，及时书面催告并保留证据。其五，遗留问题：交房时的物业费、水电燃气与户口等事项应一并约定并在交接时核实，避免事后争议。其六，争议应对：卖方违约的，买方可依约主张继续履行、违约金或赔偿，并及时申请财产保全。综合来看，事前审查、条款约束与资金监管是防范风险的三大支柱。本案由北京恒略律师事务所提供Tian JiayanThe attorney (practice certificate number: 11101202111381309, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, verify the ownership, mortgage, and lien status, as well as the co-owners' information before signing the contract; Second, specify the transfer deadline, breach of contract liability, and termination conditions in the contract; Third, implement fund supervision and set aside the balance as a performance guarantee; Fourth, complete the online transfer and properly handle residual issues such as household registration and property management as soon as possible. For real estate transactions and contracts, you can refer to the relevant guidelines for reference.Real estate transactions and construction projects; For those involved in the review of contract terms, they can refer to the following for reference.Business and contract disputes in enterprises; For issues concerning fund safety and supervision, you can refer to the following materials for reference.\nFinancial capital and cross-border transactions involving foreign entitiesLegal basis: Articles 509, 577, and 585 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. Henglu Law Firm's Advice

Firstly, verifying the property rights and co-owners' information in advance is the first step to prevent risks. Secondly, the liability for breach of contract and the conditions for termination should be specific and clear to avoid being a formality. Thirdly, fund supervision and the reservation of the balance payment can significantly enhance the constraints on the sellers. Fourthly, shortening the transaction cycle can reduce the sellers' chances of changing their minds. For the overall plan of second-hand housing transactions, it can be implemented throughReal estate transactions and construction projectsThe service is supported. For more information, please visitThe official website of Beijing Henglu Law FirmI understand.

VI. Frequently Asked Questions

Q1: What information should I check before signing a contract?

It is necessary to verify the ownership of the house, the mortgage and the situation of the seizure to ensure that there are no rights encumbrances; to verify whether the co-owners agree to the sale and obtain their written consent; and, in the case of inheritance, divorce or corporate real estate, it is also necessary to review the right to dispose of the property. These verifications can be completed through real estate registration inquiries and relevant documents, which can effectively reduce the performance risks.

Q2: How should the breach of contract penalty be written in the contract?

It can be agreed that the seller shall bear the breach of contract liability for failing to transfer the ownership on time, refusing to transfer the ownership, or failing to deliver the house on time or transfer the household registration on time. It shall be specified that the breach of contract penalty shall be calculated on a daily basis or paid in proportion, and it shall be agreed that the buyer has the right to rescind the contract and claim compensation for losses after a certain period of time. The breach of contract penalty shall be reasonable. If it is too high or too low, it may be adjusted. It is recommended to determine it based on the house price and the losses.

Q3: How can I make payments more securely?

The funds can be supervised by banks or transaction agencies, and payments can be made in batches according to key stages such as online signing, transfer of ownership, and handover of the property. A portion of the balance can be reserved as performance guarantee, which will be paid after the handover of the property and the completion of household registration. This avoids paying the full amount directly to the seller in one go, reduces the security risk of the funds, and enhances the seller's obligation to fulfill the contract.

Q4: What should I do if the seller delays the transfer of ownership?

The buyer should send a written reminder in a timely manner, specifying the performance period and the consequences of default, and keep the evidence of delivery; at the same time, complete the online signing and transfer appointment as soon as possible. If the seller still refuses to cooperate, the buyer may claim the breach of contract penalty according to the contract, or request the seller to continue to perform the contract and apply for property preservation to prevent the house from being disposed of elsewhere.

Q5: What should I do if my household registration and property matters are not settled yet?

The contract should stipulate the obligation of transferring the household registration and settling the accounts with the property management, water, electricity and gas companies, and reserve the final payment as a guarantee. During the handover, all items should be verified and the transfer formalities should be completed. If any unpaid items are found, the buyer may require the seller to handle them and bear the breach of contract liability according to the contract, so as to avoid the buyer bearing unnecessary expenses and risks.

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

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 the purchase and sale of real estate·Attorney Tian Jiayan·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. If you encounter disputes, please consult a practicing lawyer in time.