[Direct answer]In the Beijing area, the scope covers housing transactions, ownership, leasing, and construction projects. Article 209 of the Civil Code of the People's Republic of China stipulates that the establishment, alteration, transfer, and extinguishment of real estate rights shall take effect upon registration in accordance with the law; Articles 595 to 646 regulate sales contracts; Articles 703 to 734 regulate lease contracts; and Articles 788 to 807 regulate construction project contracts. Common real estate disputes include: disputes over deposits and breach of contract penalties in second-hand housing transactions, the inability to transfer ownership of a house, the confirmation of ownership rights for houses purchased under someone else's name, the division of jointly owned houses, delays in the delivery of commercial housing and the processing of certificates, and the settlement of construction project payments and the right of priority compensation, etc.

I. Problem Background and Typical Scenarios

Real estate is the most important asset of a family, and disputes over it often involve large sums of money and long durations. Common scenarios include: the seller refusing to cooperate with the transfer of ownership after the buyer has made the payment; houses being mortgaged or sealed up and unable to be traded; conflicts arising between relatives over the division of jointly owned houses; developers delaying the delivery of houses or failing to handle certifications on time; tenants transferring the lease without authorization or refusing to vacate the premises after defaulting on the rent; and contractors being owed construction funds for a long time. When courts in Beijing handle real estate cases, they will focus on reviewing the contractual provisions, the registration status, and the evidence of payment and delivery. In practice, parties often prioritize the outcome and neglect the process. In fact, whether the written documents are complete, whether the communication records are preserved, and whether the key deadlines are grasped often determine the ultimate handling space. Therefore, it is necessary to sort out the materials early, clarify the legal basis, and fix the favorable facts. When conducting a detailed analysis, it is recommended to take the timeline as the main line, and to correspond the contracts, vouchers, communication records, and relevant legal basis one by one, so as to form a clear handling framework, which is conducive to judging the priority and feasibility of various claims.

II. Key points of contention

First, whether the contract is legal and valid, and whether there are issues of unauthorized disposition or agency. Second, the ownership and registration status of the house, whether it involves mortgages, seizures, or shared ownership. Third, how to divide the order of performance and the liability for breach of contract. Fourth, the determination of ownership in situations such as buying a house under someone else's name or holding property on behalf of others. Fifth, the requirements for providing evidence regarding delivery, acceptance, and project payments. Sixth, how to apply when written agreements conflict with mandatory legal provisions, and how to determine the validity of related clauses. Seventh, who should bear the burden of proof for key facts and how to grasp the standard of proof. Eighth, whether relevant time limits have expired and whether it is possible to claim interruption or extension. Ninth, whether the parties themselves have any faults, and the impact of such faults on the final liability ratio. In addition, attention should also be paid to whether the evidence is legal in form, whether key facts can corroborate each other, and the differences in cost, time, and feasibility of different handling solutions. On this basis, a priority path for advancement can be determined.

III. Professional analysis by Henglue Lawyers

The practical experience of Henglue Lawyers is that the first task in real estate cases is usually to "identify the rights status". Through real estate registration inquiries, we confirm the ownership, mortgages, and seizure situations, and then combine contracts and payment receipts to determine whether the transaction can continue to be performed. If it is impossible to transfer ownership, we need to analyze whether to terminate the contract and claim breach of contract compensation, or to claim continued performance and handle registration. For ownership disputes such as buying a house under someone else's name and joint ownership division, the focus is on the evidence chain of the source of funds, possession and use, and family relationships. For construction project disputes, the core is to determine the quantity and price and control the time, especially the exercise period of the priority right to compensation for the project price. The evidence focus of different disputes varies significantly, so it is recommended to complete the rights status verification and evidence list preparation before filing the case to avoid directional errors.
This case is handled by Beijing Henglu Law Firm.Wang DongThe attorney (practice certificate number: 11101201910090334, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, confirm the ownership and the status of mortgage and seizure through real estate registration inquiry; Second, sort out contracts, payment vouchers, and communication records; Third, determine whether to request performance or to terminate the contract and claim compensation; Fourth, for cases involving joint ownership and agency holding, sort out the sources of funds and evidence of possession and use; Fifth, assess as soon as possible whether there is a risk of property being disposed of and take timely protective measures. For cases involving real estate sales and construction projects, you can refer to the relevant provisions.Property sales and construction projects; For matters related to contract performance, you can refer to the following documents for reference.Business and contract disputes in enterprisesLegal basis: Articles 209, 577,703,788, and 807 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, checking the ownership and mortgages before the transaction can help avoid most risks. Secondly, after a dispute arises, it's important to determine as soon as possible whether it's feasible to continue the performance of the contract. Thirdly, when it involves joint ownership with relatives or agency holding, the chain of evidence is more important than legal debates. Fourthly, attention should be paid to preservation to prevent the house from being re-disposed of. For real estate disputes and transactions, it's advisable to seek legal assistance through professional lawyers.Real estate transactions and construction projectsThe service is supported, and the contract terms and breaches of contract can be integrated into it.Business and contract disputes in enterprisesFor reference, you can check the section related to the execution of paymentsCreditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: What problems can real estate lawyers solve?

We can handle disputes such as second-hand housing sales and purchases, housing leases, purchasing property under someone else's name, division of jointly owned housing, delays in the delivery of commercial housing and certificate issuance, settlement of construction project payments and priority compensation, etc. We can also provide non-litigation services such as pre-transaction contract review and ownership verification. However, due to differences in facts and evidence in different cases, the conclusions may vary. Parties should pay attention to relevant statutory time periods, submit evidence materials in a timely and complete manner, keep written records of key communications and reminders, and, if necessary, choose appropriate approaches and assert claims under the guidance of professional lawyers. Specific handling methods are recommended to be determined after consulting with complete materials.

Q2: What materials are needed when dealing with real estate disputes?

It is necessary to prepare the house sale and purchase contract, payment receipts and bank transaction records, the results of real estate registration inquiries, handover and delivery certificates, communication records, as well as the sources of funds involved in joint ownership or agency holding and evidence of possession and use, so as to facilitate lawyers in determining ownership and responsibilities. For similar issues in different cases, the conclusions may vary due to differences in facts and evidence. Parties should pay attention to relevant statutory periods, submit evidence materials in a timely and complete manner, keep written records of key communications and reminders, and, if necessary, choose appropriate paths and assert claims under the guidance of professional lawyers. Specific handling methods are recommended to be determined after consulting with complete materials.

Q3: How much does it cost to hire a real estate lawyer?

The fees shall be determined through negotiation based on the type of case and the amount of the subject matter. For cases with large subject matters, fees are usually charged on a proportional or phased basis; non-litigation contract reviews may adopt fixed fees. It is recommended to specify the scope of services, phase divisions, and third-party cost sharing in the engagement contract. Due to differences in facts and evidence across similar cases, the conclusions may vary. Parties should pay attention to relevant statutory time periods, submit evidence materials in a timely and complete manner, keep written records of key communications and reminders, and, if necessary, choose appropriate approaches and assert rights under the guidance of professional lawyers. Specific handling methods are recommended to be determined after consulting with complete materials.

Q4: How long does it take to resolve a property dispute?

It usually takes several weeks to several months to resolve disputes through negotiation. For first-instance litigation, the simplified procedure takes three months and the ordinary procedure takes six months. Cases involving appraisal, expertise or second-instance proceedings will be significantly prolonged, with some cases possibly lasting more than a year. Due to differences in facts and evidence among similar cases, the conclusions may vary. Parties should pay attention to relevant statutory time periods, submit evidence materials in a timely and complete manner, keep written records of key communications and reminders, and, when necessary, choose appropriate paths and assert claims under the guidance of professional lawyers. It is recommended to determine the specific handling methods after consulting with complete materials.

Q5: If the house hasn't been transferred to the buyer's name, who owns it?

According to the rules on the effectiveness of real estate registration, registration generally prevails. If the buyer has signed a sales contract and paid the purchase price but has not yet completed the transfer of ownership, the buyer enjoys a contractual claim and can demand the seller to continue to perform the registration. If the house has been acquired in good faith by others or has been sealed up, the buyer needs to claim breach of contract compensation based on the specific circumstances. Due to differences in facts and evidence in similar cases, the conclusions may vary. The parties should pay attention to the relevant statutory periods, submit evidence materials in a timely and complete manner, keep written records of key communications and reminders, and, if necessary, choose appropriate approaches under the guidance of professional lawyers and claim rights in a timely manner. It is recommended to consult with complete materials to determine the specific handling methods.

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, to avoid missing the statutory time limit.Legal services for real estate transactions·Attorney Wang Dong·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. In case of disputes, please consult a practicing lawyer in time.