[Direct answer]In the Beijing area, if a seller breaches the contract and refuses to sell the house, evidence should be collected around four categories: 1. Contract-related evidence, including the house purchase contract and supplementary agreements, letters of intent, and deposit receipts; 2. Performance-related evidence, including proof of payment of the purchase price, bank transaction records, and explanations of the use of funds; 3. Communication-related evidence, including reminder letters, WeChat and SMS records, audio and video recordings, and witness statements; 4. Status-related evidence, including inquiries into the ownership registration of the house, records in the real estate registration book, and proof of whether the house has been sold to others. According to Articles 586 and 587 of the Civil Code of the People's Republic of China (effective January 1, 2021), the amount of the deposit shall not exceed 20% of the subject matter of the main contract, and the excess part shall not produce the effect of a deposit; if a party fails to perform its contractual obligations, it shall constitute a breach of contract.Real estate transactions and construction projectsIn such cases, the time window for fixing evidence is very short.

1. Problem background and typical scenarios

Common breaches of contract include: refusing to sell due to a sudden price increase; the house being mortgaged and unable to be released from the mortgage; delaying the transaction due to family objections; failing to deliver the house or refund the deposit; and reselling or transferring the house to others. The difficulty in obtaining evidence lies in the fact that many agreements remain verbal or in chat records, and the ownership status of the house changes rapidly.Creditor's rights and debts, and enforcementIn this type of business, the approach to preventing the transfer of assets applies just as well as it does to real estate transactions.

II. Key points of contention

Focus One: Whether the contract is established and effective, and whether it meets the prerequisites for litigation. Focus Two: The distinction between the nature of deposits and advance payments, and the rules for their return. Focus Three: The standard of proof for breach of contract. Focus Four: The impact of the ownership of the house and its mortgage status. Focus Five: Whether the contract can still be performed when the house has been resold to a third party. Focus Six: The types of remedies that can be claimed: performance of the contract, liquidated damages, penalty for breach of contract, or rescission and refund. Focus Seven: The accessibility of property preservation and enforcement measures.Special services and other casesThe column provides a more detailed explanation of this issue.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers believe that the outcome of housing transaction disputes often depends on the integrity of the evidence chain. Take a pre-sale contract dispute for commercial housing handled by Attorney Tian Jiaoyan from our firm as an example: The buyer and the developer signed a pre-sale contract stipulating the delivery deadline, and the parties signed a supplementary agreement stipulating that if the developer delayed the delivery due to its own reasons, it would be granted a 90-day grace period. After the grace period expired, the developer would pay the buyer a penalty of 1/10,000 of the paid housing price per day. However, the buyer paid the full amount but did not receive the delivery notice until several months later, when he finally received the move-in notice and was required to complete the move-in procedures. The attorney's approach was as follows: First, clarify the core provisions, fix the delivery time, the start of the grace period, and the penalty standard; Second, collect payment receipts, move-in notices, and completion and acceptance filing materials to form a complete evidence chain; Third, respond to the developer's defenses item by item, clarifying that the grace period was granted only if the developer delayed due to its own reasons, and that the developer should pay the penalty if it failed to deliver after the grace period expired; Fourth, argue that the exemption clauses were not valid, pointing out that relevant public events had become normal before the contract was signed, and that the developer should have foreseen them. Additionally, adverse weather and temporary meetings did not necessarily lead to a full suspension of work. In the end, the court supported the buyer's claim, ordering the developer to pay a penalty of over 110,000 yuan for late delivery and bear the litigation costs. 恒略律师认为，房屋交易纠纷的胜负往往取决于证据的完整链条。以本所田娇艳律师代理的一起商品房预售合同纠纷为例：购房人与开发商签订预售合同约定交付期限，双方另签补充协议约定因开发商自身原因逾期给予九十日宽展期、宽展期届满后按日已交房价款万分之一支付违约金。购房人足额付款却迟迟未获交房通知，直至数月后才收到入住通知并被要求办理入住手续。代理律师的做法是：第一步梳理核心约定，固定交房时间、宽展期起算与违约金标准；第二步收集付款凭证、入住通知与竣工验收备案资料，形成完整证据链；第三步针对开发商的抗辩逐项回应，明确约定因自身原因逾期才给予宽展期、宽展期届满后未交房即应支付违约金；第四步论证免责事由不成立，指出相关公共事件在合同签订前已常态化、开发商应当预见，而恶劣天气与临时会议等亦非必然全面停工。法院最终支持购房人主张，判令开发商支付逾期交房违约金十一万余元并承担诉讼费。Business and contract disputes in enterprisesThe column provides a more comprehensive explanation of the way the evidence is organized. In this case, the practice of fixing three types of materials—agreement, performance, and status—is equally applicable to cases of breach of contract in the second-hand housing market.

IV. Practical suggestions and legal basis

Action suggestions: 1. Immediately inquire with the real estate registration department about the ownership of the house and its status regarding mortgages and seizures; 2. Organize all contracts, deposit receipts, and payment proofs; 3. Send a written notice to the other party, specifying the performance deadline and retaining evidence of delivery; 4. Completely preserve WeChat messages, text messages, call recordings, and videos, paying attention to the original carriers; 5. Verify whether the property has been sold to others and record the buyer's information; 6. Assess whether to apply for property preservation or injunctive relief; 7. After securing evidence, evaluate the request path for continued performance, breach of contract penalties, or rescission and refund. Legal basis: Articles 563, 577, 585, 586, and 587 of the Civil Code of the People's Republic of China (effective January 1, 2021); Related provisions of the Urban Real Estate Management Law of the People's Republic of China (amended in 2019). For cases involving fund recovery, please refer to the relevant provisions.Creditor's rights and debts, and enforcementFor details regarding litigation preservation, please refer to the following document.Special services and other casesThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, the time window for fixing evidence is very short, and it's difficult to recover after being modified. Secondly, the legal consequences of deposits and down payments are different. It's essential to verify the description on the receipt. Thirdly, whether the house has been mortgaged, sealed up, or sold directly determines the request path. Fourthly, it may not be possible to support the request to continue performance if the house has already been sold to others, so it's necessary to adjust it in time. Fifthly, the reminder letter should be sent by a logistics method that can be tracked and the signed receipt should be kept. Sixthly, attention should be paid to the cost of preservation and the responsibility for erroneous preservation. Seventhly, no one is allowed to make any promises about the outcome of the case.

VI. Frequently Asked Questions

Q1: If the seller breaches the contract and refuses to sell the house, what evidence should be collected?

There are four types of evidence that need to be collected: 1. Contracts: including housing sales contracts, supplementary agreements, letters of intent, and deposit receipts. 2. Performance: including payment receipts and bank transaction records. 3. Communication: including reminder letters, WeChat and SMS records, audio/video recordings, and witness statements. 4. Status: including real estate registration inquiry results, mortgage or seizure information, and proof of whether the property has been sold to others. The key is to preserve the original documents and organize them in chronological order to form an evidence chain that can reconstruct the transaction process.Special services and other casesThe column provides a more detailed explanation of this.

Q2: What is the difference between a deposit and a booking fee?

According to Article 586 of the Civil Code, the parties may agree that one party shall pay a deposit to the other party as a guarantee of the creditor's rights. The deposit contract shall be concluded when the deposit is actually delivered. The amount of the deposit shall not exceed 20% of the subject matter of the main contract, and the excess part shall not produce the effect of a deposit. The deposit is generally regarded as a prepayment, without the statutory effect of double refund. Therefore, the wording used in the receipt or contract is very critical. It should be verified whether it is a deposit or an advance payment, which directly affects the subsequent claims.

Q3: The house has already been sold. Can I still demand that the seller continue to fulfill their obligations?

It depends on the specific circumstances. If the seller sells the same house to two different buyers, and the house has not been transferred yet, the third party may claim bona fide acquisition, and there will be great obstacles to forced execution; if the house has not been sold to the third party yet, the court may support the continuation of performance. In practice, it is usually necessary to evaluate the status of the house ownership registration, the time when the third party purchased the house and whether it was in good faith, and whether the contract meets the conditions for performance. If it is indeed impossible to perform the contract, the remedy will be to rescind the contract and claim breach of contract damages or penalty for the deposit.

Q4: If there is no written contract, can I sue the other party only with the receipt of the down payment?

It is possible to file a lawsuit. The deposit receipt, payment voucher, and chat records regarding the location, area, price, and performance time of the house, combined with materials such as delivery and viewing records, can prove the existence of the contractual relationship. The key points of evidence lie in whether the parties have reached an agreement on the main terms and the fact of the deposit payment. In practice, even if the contract is not signed in writing, the judgment can also be used as a basis for determining the facts. It is recommended to fix the evidence as soon as possible and evaluate the litigation path.Business and contract disputes in enterprisesThe column provides more ideas and suggestions for discussion.

Q5: How much does it cost to hire a lawyer to handle a seller's breach of contract?

The fees are determined through consultation between the law firm and the client, and typically depend on the value of the property, the amount of the dispute, whether it is necessary to apply for preservation measures, whether it involves third-party buyers and ownership investigations, and whether appraisal and evaluation are required. The cost of simply organizing evidence and evaluating solutions is relatively manageable; however, if litigation, preservation measures, and enforcement are involved, the investment will increase significantly. It is recommended to first complete the ownership inquiry and evidence evaluation, and then determine the scope of services and the phasing of the project.

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 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·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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.