[Direct answer]In the Beijing area, if a seller of a second-hand house breaches the contract and refuses to cooperate with the transfer of ownership, the buyer can file a lawsuit to claim the seller's performance of the contract and apply for forced execution. Article 509 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that the parties shall fully perform their obligations in accordance with the contract; Article 577 stipulates that if a party fails to perform the contractual obligations or performs them in a manner inconsistent with the contract, it shall bear such contractual liabilities as continuing to perform the contract, taking remedial measures, or compensating for losses. Accordingly, the buyer can request the seller to continue to perform the contract and assist in handling the transfer registration of the house. If the seller still fails to perform after the judgment or mediation takes effect, the buyer may apply to the people's court for forced execution, and the court will issue an assisting execution document to the real estate registration authority to handle the transfer registration. It should be noted that whether the transfer can be forced depends on the validity of the contract, the ownership of the house, and the existence of performance obstacles.

1. Problem background and typical scenarios

There are various reasons why sellers breach their contracts. Typical situations include: the house price rising after signing the contract, with the seller demanding a price increase or refusing to transfer ownership; the house being mortgaged, sealed up, or with co-owners who have not given their consent; the seller refusing to accept the final payment or delaying the handling of procedures; and the buyer having already paid most of the money and actually moved in. When handling such matters in the Beijing area, lawyers usually first verify the ownership of the house and the obstacles to performance.Real estate transactions and construction projectsIn business, whether one can continue to fulfill their obligations is often the first priority when making judgments.

II. Key points of contention

First, whether the contract is legal and valid, and whether there are any circumstances of fraud, coercion, or violation of policies. Second, whether there are any obstacles to continued performance, such as mortgages, seizures, and co-ownership rights. Third, whether the buyer has fulfilled its main obligations or is willing to continue to do so. Fourth, the calculation of breach of contract liability, such as breach of contract penalties and losses in price differences. Fifth, property preservation and house seizure in litigation. Sixth, the enforcement process after the judgment or mediation takes effect. Seventh, practical issues such as appraisal and tax payment responsibilities.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm advises that in disputes involving performance, the key lies in clearly defining the obligations and remedies. Taking a case handled by Attorney Tian Jiaoyan of our firm as an example: The lender has provided funding and loans to the borrower multiple times over the past few years, resulting in multiple debts between the two parties. After organizing the evidence and clarifying the legal relationship, the attorney filed a lawsuit requesting the repayment of the loan principal and the payment of overdue interest. Through court mediation, the two parties reached an installment repayment agreement, and agreed that if any installment is not fulfilled, the lender has the right to apply for forced execution of the remaining full amount; the mediation acceptance fee shall also be borne by one party and paid within a specified period. This case was handled by Beijing Henglue Law Firm.Tian JiayanThe lawyer (practice license number: 11101202111381309, subject to the document issued by the judicial administrative organ) acts as the agent. This case shows that setting clear breach of contract remedies in mediation or settlement can effectively guarantee the performance of future obligations. This approach is also applicable to arrangements such as the transfer of second-hand houses, which involve obligations of payment and assistance.

IV. Practical suggestions and legal basis

Action recommendations: 1. Verify the ownership of the property, the mortgage status, and the sealing-off situation, and assess the feasibility of continuing the contract; 2. Preserve contracts, payment receipts, and communication records to prove that obligations have been fulfilled according to the agreement; 3. Initiate litigation and apply for property preservation in a timely manner to seize the property and prevent it from being disposed of elsewhere; 4. Specify in the litigation request the continuation of performance and assistance with title transfer, and assert breach of contract liability; 5. After the judgment takes effect, promptly apply for enforcement if the other party fails to fulfill its obligations. Legal basis: Articles 509, 577, and 580 of the Civil Code of the People's Republic of China (effective January 1, 2021); and the provisions on preservation and enforcement in the Civil Procedure Law of the People's Republic of China (amended and effective January 1, 2022). For real estate transactions, refer to the relevant provisions.Property sales and construction projectsThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, whether the forced transfer of ownership is possible depends on the contract and the obstacles to performance. Secondly, it is necessary to promptly preserve and seize the house to prevent it from being subject to other penalties. Thirdly, the litigation request should clearly stipulate the obligation to continue performance and assist in the transfer of ownership. Fourthly, the breach of contract remedy clauses can enhance the binding force. Fifthly, it is necessary to apply for enforcement promptly after the judgment takes effect to avoid delays. For disputes involving second-hand houses, you can seek legal assistance through the following channels:Property sales and construction projectsConsultation. The time limits and rules of evidence shall be subject to the currently effective laws, regulations, and judicial rulings.

VI. Frequently Asked Questions

Q1: If the seller breaches the contract and refuses to sell the house, can we force him to transfer the ownership?

If the contract is legal and valid and there are no obstacles to its performance, the party may request the court to order the other party to assist in the transfer of ownership. If the other party still fails to perform its obligations, the party may apply for compulsory enforcement, and the court will issue an enforcement assistance document to the real estate registration authority to handle the transfer. If the house has been mortgaged, sealed up, or subject to other dispositions, there may be obstacles to the continuation of the performance, and a separate evaluation of the solution is needed.

Q2: Can I just get the breach of contract penalty instead of the house?

Yes. The buyer can choose between continuing to perform the contract, terminating the contract, and claiming compensation. If the buyer chooses to terminate the contract, they can claim the return of the paid amount and compensation for losses, such as the deposit, the penalty for breach of contract, or the difference in price caused by the increase in housing prices. The choice of which option to take should be based on a comprehensive assessment of the ownership of the house, the market price, and the other party's ability to pay.

Q3: If the transfer of ownership has been approved, but the other party still refuses to go through with it, what should I do?

An application for enforcement may be made. After the effective judgment or mediation agreement confirms the obligation to assist with the transfer of ownership, if the other party fails to fulfill it, the buyer may apply to the court for enforcement; the court may take corresponding measures according to law and issue an enforcement assistance document to the real estate registration authority to handle the transfer registration. In the enforcement stage, the effective document and identity materials need to be submitted.

Q4: What should I do if the house is mortgaged or sealed up by the seller?

The performance of the contract may be hindered. If there is a mortgage, it is usually necessary to first lift the mortgage or obtain the consent of the mortgagee; if the property is sealed up, it is necessary to resolve the debt involved in the seizure or apply for the lifting of the seizure. The buyer should promptly understand the situation, evaluate whether to insist on the performance of the contract or to terminate the contract and claim compensation, and may apply for preservation to safeguard their own rights and interests.

Q5: What should the seller do if they sell the house again during the litigation process?

It is possible to apply for property preservation to seize the house to prevent it from being disposed of by others; if the house has been transferred to others, it is necessary to check whether the third party has acquired it in good faith. If the third party constitutes an acquisition in good faith, the buyer usually has difficulty demanding the transfer of ownership again and may instead claim to rescind the contract and request compensation for losses. Therefore, applying for preservation simultaneously during the lawsuit is an important risk prevention measure.

The above Q&A is mainly based on judicial practice in the Beijing area. There may be differences in the adjudication guidelines 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 evidence materials, to avoid missing the statutory time limit. →Legal services for creditor-debtor disputes·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.