[Direct answer]In the Beijing area, when the contract is valid and meets the conditions for continued performance, it is possible to request the court to order assistance in handling the transfer of ownership. According to Articles 577 and 580 of 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 contract, it shall bear responsibilities such as continuing performance, taking remedial measures, or compensating for losses; except for situations where the non-monetary obligation cannot be performed legally or factually, or where the subject matter of the obligation is not suitable for compulsory performance. Therefore, when the buyer has paid the purchase price in accordance with the contract and there are no performance obstacles such as mortgage or seizure of the house, it can request continued performance and handle the transfer of ownership. However, if the contract is deemed invalid due to reasons such as a false expression of intention, or if the house has been sold to a bona fide third party and transferred to them, it may not be possible to request the transfer of ownership, and the buyer can only claim damages for breach of contract. Proving the validity of the contract, the buyer's payment and performance, and the conditions for performance are the core issues in such cases.

1. Problem background and typical scenarios

When the housing prices fluctuate, it's not uncommon for sellers to change their minds. Typical scenarios include: after signing the contract and collecting the deposit or part of the purchase price, the seller refuses to transfer the ownership on the grounds that the price is too low; the house has unresolved mortgage loans, and the seller delays the handling of the transfer; the seller sells the house to a third party and transfers the ownership to him/her; there are flaws in the contract terms, and the two parties have different opinions on the validity of the contract; buyers conduct transactions through methods such as using others' names or acting as agents, and the true ownership relationship is unclear. When handling such cases in Beijing, the court will review the validity of the contract, the conditions for performance, and whether there are bona fide third parties, and then decide whether to support the continuation of the performance of the contract.

II. Key points of contention

First, whether the contract is valid and whether there are circumstances of false intention or evading policies. Second, the conditions and exclusion circumstances for continued performance. Third, whether it is possible to order the transfer of ownership when the house is subject to mortgage and seizure. Fourth, how to handle the situation where the house has been sold to a third party. Fifth, the buyer's obligation to provide evidence of payment and performance. Sixth, whether it is possible to claim both the breach of contract penalty and continued performance at the same time.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once handled a case of a dispute over a housing sales contract: A company needed a loan for its affiliated company, so it used employee Zhang *'s name to sign the "Beijing City Second-hand Housing Sales Contract" and sold a house with a floor area of 262.05 square meters in Chaoyang District to Zhang * for 7.3374 million yuan. After Zhang * obtained a mortgage loan of 4.4 million yuan, the house was transferred to the company. Later, Zhang * refused to cooperate with the transfer, and the company sued to confirm the invalidity of the contract and return the house. The first-instance court dismissed the suit due to insufficient evidence. After the company entrusted our lawyers to appeal, the lawyers argued that the parties had colluded to make false statements, and the hidden loan relationship under another's name did not change the conclusion that the sales act was invalid. The second-instance court upheld the appeal, overturned the first-instance judgment, and ruled that the contract was invalid and ordered the house to be restored to the company's name. This case shows that whether it is possible to request transfer of ownership or restoration of registration depends on clarifying the true nature and validity of the contract. If the transaction is a false expression of intent or an attempt to evade policies, its validity may be denied, which will in turn affect the request for transfer of ownership. In practice, buyers should also pay attention to applying for property preservation or pre-seizure in a timely manner during litigation to prevent the house from being transferred and ensure the future execution of the judgment. For second-hand housing transactions, reference can be made to this case. 恒略律师曾代理一起房屋买卖合同纠纷案件：某公司因关联公司需要贷款，以员工张某名义签订《北京市存量房屋买卖合同》，将朝阳区建筑面积262.05平方米的房屋以733.74万元出售给张某，张某按揭贷款440万元后转入该公司。后张某拒绝配合过户，该公司诉请确认合同无效并返还房屋，一审因举证不足被驳回；该公司委托本所律师上诉后，律师主张双方系通谋虚伪表示，隐藏的借名贷款关系不改变买卖行为无效的结论。二审法院支持上诉，撤销一审判决，改判确认合同无效并判令房屋恢复登记至该公司名下。该案说明，能否请求过户或恢复登记，前提是厘清合同的真实性质与效力；若交易系虚假意思表示或规避政策，效力可能被否定，进而影响过户请求。实践中，买受人还应注意在诉讼中及时申请财产保全或预查封，防止房屋被转移，确保未来判决能够执行。涉及二手房交易的可参考Real estate transactions and construction projectsThis is a column. The case is handled by Beijing Henglu Law Firm.Li YonghuiThe attorney (practice certificate number: 11101199611955812, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, sign a genuine and clearly defined sales contract to avoid arrangements such as borrowing someone's name or acting as a nominal owner; Second, pay the purchase price according to the contract and keep the transfer receipts, invoices, and communication records; Third, verify the status of the house's mortgage, seizure, and rights restrictions; Fourth, if the seller changes his/her mind or sells the house to someone else, promptly file a lawsuit and apply for preservation or pre-seizure; Fifth, based on the circumstances of the case, choose to continue to perform the contract or claim breach of contract damages to avoid making improper requests; Sixth, if the transaction involves a loan, handle the release of the mortgage and the disbursement of the loan simultaneously. For second-hand housing transactions, you can refer to the above for reference.Property sales and construction projects; Issues concerning the validity of the contract and breach of contract can be combined together for discussion.Business and contract disputes in enterprisesColumn. Legal basis: Articles 146, 577, and 580 of the Civil Code of the People's Republic of China (effective as of January 1, 2021), and Article 584. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the prerequisite for forced transfer of ownership are that the contract is valid and can be performed. Secondly, when the house has been transferred to a bona fide third party, the claimant can usually only seek compensation. Thirdly, timely preservation or pre-seizure is the key to ensuring the enforceability of the judgment. Fourthly, arrangements such as using another person's name or acting as a nominal owner may be deemed invalid, posing extremely high risks. If you are currently facing similar problems, you can seek assistance through the following channels:Property sales and construction projectsThe service obtains an overall solution, and the issues related to the effectiveness of the contract can be addressed accordingly.Business and contract disputes in enterprises板块。

VI. Frequently Asked Questions

Q1: Can the seller request a forced transfer of ownership if they change their mind?

It is possible if the contract is valid and the conditions for performance are met. If the buyer has paid the money as agreed and there are no obstacles such as mortgage or seizure of the house, he/she may, in accordance with Article 580 of the Civil Code of the People's Republic of China, request the seller to assist in the transfer of ownership. If the contract is invalid or the house has been transferred to a bona fide third party, the request is often impossible to fulfill, and the buyer can only claim breach of contract damages.

Q2: Can the house be forcibly transferred even if there is a loan on it?

First, the mortgage issue needs to be resolved. When a house is mortgaged, it is usually necessary to first settle the loan, lift the mortgage, or handle the transfer with the mortgage in place according to local rules before the transfer can proceed. The buyer can require the seller to lift the mortgage within a specified time limit and apply for preservation in litigation to avoid the performance being unable to proceed due to the delay in lifting the mortgage or the house being disposed of elsewhere.

Q3: What should the seller do if he/she has sold the house to someone else?

It is necessary to distinguish the circumstances. If the house has been transferred to a bona fide third party, it will usually be impossible to continue the performance of the contract, and the buyer may claim to rescind the contract, return the paid amount, and compensate for the losses; if the transfer has not yet taken place, the buyer may sue in time and apply for pre-freezing of the property to strive for priority in completing the transfer. The specific outcome will depend on the transaction time, the registration status, and the evidence provided by all parties.

Q4: Can I still claim the breach of contract penalty if I request the transfer of ownership?

The claims can be combined. Continuing to perform the contract and claiming breach of contract penalties and compensation for losses are not absolutely mutually exclusive. The buyer may claim breach of contract penalties for late performance according to the contract; if additional losses are caused by the seller's delay, such as loan interest or rental fees, these can also be claimed together. The requests should be clear and well-founded to avoid causing inconvenience for the adjudicator due to conflicting claims.

Q5: Can I request the transfer of ownership if I buy a house under someone else's name?

It's usually quite difficult. Buying a house under someone else's name involves real rights relationships and policy restrictions. If it's identified as a false arrangement to evade housing or loan policies, the contract may be deemed invalid, and the transfer request will be hard to support. Even if it's deemed valid, it's necessary to prove the investment, the agreement between the two parties, and the registration status. Such arrangements carry high risks, so it's recommended to carefully evaluate them before making a decision.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 Li Yonghui·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the 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. If a dispute arises, please consult a practicing lawyer in a timely manner.