[Direct answer]In the Beijing area, the main responsibilities include pre-transaction review, contract signing supervision, and breach of contract liability. According to the Civil Code of the People's Republic of China (effective January 1, 2021), intermediaries shall truthfully report to the clients matters related to the conclusion of contracts. If they intentionally conceal important facts or provide false information, thereby harming the clients' interests, they shall not request payment of fees and shall bear liability for compensation; if a party to the contract 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 continuing performance, taking remedial measures, or compensating for losses. Based on this, real estate lawyers can verify the ownership of the house, mortgages and seizures, and shared ownership before the transaction; review the terms of the sales contract; design the time nodes for payment, transfer of ownership, and house delivery; and assist in claiming the penalty for the deposit, breach of contract damages, or rescission of the contract and compensation for losses when one party breaches the contract, thereby reducing transaction risks.

I. Problem background and typical scenarios

There are many steps in the transaction of second-hand houses, and the amount involved is large. From viewing the house, negotiating the price, signing the contract to applying for a loan, transferring ownership, and taking possession of the house, any problem in any of these steps may lead to significant losses. Typical situations include: the house being mortgaged, sealed up, or the co-owners not agreeing to the sale; the agent concealing the real transaction information or pocketing the difference in the transaction price; the buyer failing to get the loan approved and being unable to make the payment; and the seller selling the same house to two different buyers or refusing to cooperate with the transfer of ownership. The transaction process of second-hand houses in Beijing is relatively mature, and pre-review and contract design are particularly crucial.

II. Key points of contention

First, is the ownership of the house clear, and are there any mortgages, seizures, or disputes over shared ownership? Second, the determination of the intermediary's obligation to report truthfully and the practice of profiting from the price difference. Third, whether the terms of the sales contract are equitable, and whether the conditions for breach of contract and termination are clear. Fourth, how the risks of payment, loan, transfer of ownership, and delivery of the house are allocated. Fifth, how to claim the deposit, breach of contract penalty, and compensation when one party breaches the contract.

III. Professional analysis by Henglue Law Firm

恒略律师在房产交易纠纷中的实务经验提示四点。其一，交易前的权属与资格审查：核查不动产权证、抵押与查封状态、是否存在共有人、房屋是否为经济适用房等受限房屋，并核实卖方身份与处分权限，避免签约后无法过户。其二，合同条款把关：明确房屋状况、价款与支付方式、贷款失败的处理、过户与交房时间、税费承担、户口迁移以及违约责任，避免使用中介提供的格式文本而不作修改。其三，节点风险控制：将付款与过户、交房挂钩，例如先办理资金监管或先过户后付尾款，约定卖方在过户前结清物业费与水电费，明确逾期交房与逾期迁户的违约金。其四，违约救济：一方违约的，可依定金罚则主张双倍返还或不予返还；约定违约金的，可要求支付违约金，损失超过违约金的可主张增加赔偿；构成根本违约的，可解除合同并要求赔偿。其五，中介责任：中介故意隐瞒重要事实或吃差价，造成损失的，可主张其承担赔偿责任并请求返还相关费用。整体而言，房产律师的价值在于把风险拦在签约之前、把责任写进合同之中。恒略律师在二手房交易与房产纠纷中，通常从权属核查与合同审查入手，协助当事人识别风险并主张权利。本案由北京恒略律师事务所Wang DongAttorney (Practice Certificate No.: 11101201910090334, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, verify the ownership, mortgages, seizures, and co-ownership status before the transaction to confirm that the seller has the right to dispose of the property. Second, review the sales contract clause by clause to clarify the handling of loan failure, title transfer, property delivery, and household registration transfer. Third, adopt fund supervision to link payment with title transfer and property delivery. Fourth, stipulate breach of contract liabilities for late property delivery, late household registration transfer, and contract termination. Fifth, promptly fix evidence in the event of a breach of contract and claim the penalty for the deposit, breach of contract damages, or contract termination with compensation. For real estate transactions and construction-related matters, you can refer to the relevant provisions.Real estate transactions and construction projectsIt can be referred to for matters related to enterprise operations and contractsBusiness and contract disputes in enterprisesLegal basis: Articles 577, 585, 587, and 962 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 Reminder

Firstly, the verification of ownership before signing the contract is the first line of defense against risks and should not be omitted. Secondly, the intermediary provides a standard contract, which should be modified according to one's own risks. Thirdly, the payment and transfer of ownership and the delivery of the house should be bound together, and it is more secure to use fund supervision. Fourthly, the clauses on the penalty for breach of contract and the deposit should be clear, which is convenient for claiming when there is a breach of contract. For matters involving family property, you can refer to the relevant provisions.Divorce litigation and family disputesFor matters involving the recovery and enforcement of creditor's rights, you may refer to the following for reference.Creditor's rights and debts, and enforcementFor cases involving personal injury, you can refer to the following for reference.Personal injury and medical disputesFor other difficult matters, you can refer to the relevant information for reference.Special services and other cases.

VI. Frequently Asked Questions

Q1: How much does it cost to hire a lawyer when buying a second-hand house?

There is no unified standard for fees. They are usually determined by law firms based on the content of the services (such as ownership investigation, contract review, full assistance, or litigation representation), the subject of the property, and the complexity of the case. Fees may be charged on a fixed basis, by the hour, or as a percentage of the transaction value. Before entrusting a lawyer, it is necessary to clarify the scope of services and the fee structure and sign a written contract.

Q2: How to check if a house is mortgaged or sealed up by the court?

You can check the ownership, mortgage, and seizure information through the real estate registration authority, or request the seller to provide the results of the real estate registration book inquiry. It is necessary to verify the information before signing the contract. If the house is mortgaged, the time of mortgage release and the arrangement of funds should be clarified to avoid obstacles in the transfer of ownership. If necessary, a lawyer can assist in the verification.

Q3: What should the seller do if he/she sells the same house to two different buyers?

You can claim breach of contract liability according to the contract. If the house has been transferred to others and the other party has acquired it in good faith, it is usually difficult to recover the house, and you can only require the seller to compensate for the losses; if it has not been transferred yet, you can claim continued performance and apply for preservation. If you find that the house has been sold twice, you should take measures in time to fix the evidence and request breach of contract compensation.

Q4: Can I claim compensation if the real estate agent charges a hidden commission?

Yes. The agent has an obligation to report the facts as they are, and shall not conceal the true transaction information or buy low and sell high to make a profit from the price difference; if the agent intentionally conceals important facts or provides false information to harm the interests of the client, he/she shall not request payment of the fee and shall bear the liability for compensation. Accordingly, the client may claim the return of the fees and compensation for the losses.

Q5: Who is considered to be in breach of contract if the loan application is not approved?

It depends on the contract provisions. If the contract stipulates that the failure of the loan qualifies as a waiver of liability or a change to another payment method, then the matter shall be handled in accordance with the contract; if no such provisions exist, the payment obligation remains with the buyer, which may constitute a breach of contract. It is recommended to clarify the handling method and responsibility allocation in the event of loan disapproval when signing the contract, in order to reduce disputes.

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

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·Attorney Wang Dong·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available 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.