[Direct answer]In the Beijing area, if a seller breaches the contract and refuses to sell the house, the litigation process typically takes several months after the lawsuit is filed. However, the specific duration is influenced by factors such as the amount of the claim, the complexity of the case, whether preservation measures are applied, and whether an appeal is filed. The general process is as follows: the litigation is initiated in a people's court with jurisdiction, and the court registers and serves the case according to law. Cases handled under the summary procedure are typically concluded within three months, while those under the ordinary procedure are generally concluded within six months. If the parties are dissatisfied, they can file an appeal within 15 days from the date of receiving the judgment. The second-instance review typically takes three to six months. It should be noted that if the buyer requests to continue with the house delivery, whether such requests can be supported depends on the nature of the house and objective conditions. If there are no ownership disputes over the subject house, it meets the delivery conditions, and does not affect the legitimate rights and interests of third parties, the court may support the continuation of performance. If the house has been transferred, sealed up, or involves other right holders or policy restrictions, in practice, the court usually changes the judgment or mediates to compensate for the breach of contract. Article 577 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that if a party 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.Real estate transactions and construction projectsThe services in this column can assist in evaluating claims and pathways.

I. Problem Background and Typical Scenarios

Common situations include: the seller requesting to terminate the contract after the buyer has paid the deposit or down payment; the seller refusing to handle online signing and transfer of ownership after the house price has risen; the house being resold by the seller; being unable to fulfill the contract due to changes in the purchase restriction policy; and disputes between the parties regarding the validity of the contract itself.Business and contract disputes in enterprisesThe analysis of contract effectiveness and breach of contract liability in this column can be used for reference. Before suing, what the parties are most concerned about is often whether they can successfully get the house, rather than just obtaining compensation. Therefore, the design of claims needs to be differentiated.

II. Key points of contention

Focus One: The validity and revocability of the contract. Focus Two: The enforceability of the request to proceed with the delivery of the property. Focus Three: The application of the penalty clause for the deposit. Focus Four: Claims for breach of contract damages and compensation for losses. Focus Five: The ownership status of the property and the possibility of enforcement. Focus Six: The determination of the jurisdictional court and the need for preservation measures.Special services and other casesThe program instructions in the column can be used for reference. Focus Seven: Whether there are other co-owners or mortgage situations in the house, which will directly affect the possibility of transfer of ownership and enforcement.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm typically handles such cases in four steps. The first step is to verify the contract and the status of the house: confirm the signing process of the contract, the payment situation, the status of online signing and filing, and the current ownership registration, and determine whether the contract is valid and whether the house meets the delivery conditions. This step is the basis for deciding the litigation strategy, as whether to request continued performance or compensation depends on the actual status of the house. The second step is to design the request structure: typically, claim both continued performance of the delivery and breach of contract liability, forming a primary and alternative request to avoid all efforts being in vain if the request for continued performance is not supported; at the same time, claim double refund of the deposit or refund of the deposit and claim breach of contract damages according to the deposit penalty clause. The third step is to assess enforceability: if preparing to claim continued performance, it should simultaneously consider whether to apply for property preservation to prevent the house from being transferred again during the litigation process. Even if the court rules in favor of continued performance, if the house has been transferred or seized, enforcement will face difficulties. The fourth step is to calculate the time node: based on the amount of the subject matter, determine whether to apply for summary or ordinary procedures, estimate the total cycle based on whether an appeal will be filed, and truthfully explain the time and risks of each stage to the client.Financial capital and cross-border transactions involving foreign entitiesThe property verification approach in this column can be used as a reference for further study.

IV. Practical suggestions and legal basis

Action recommendations: 1. Verify the signing of the contract and online filing and registration. 2. Retrieve the latest ownership registration information for the property. 3. Organize payment receipts and communication records. 4. Assess the feasibility of continuing performance and determine the main claim request. 5. Apply for property preservation if necessary. 6. Evaluate the litigation process and duration based on the contract amount and complexity. Legal basis: Articles 577, 585, 586, and 587 of the Civil Code of the People's Republic of China (effective January 1, 2021) regarding breach of contract liability and the penalty for non-performance of a deposit; Articles of the Civil Procedure Law of the People's Republic of China (amended and effective January 1, 2022) regarding the time limits for summary and ordinary procedures; The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

First, clarify the ownership status of the house before discussing litigation strategies, as this determines whether the request can be implemented. Second, continue to claim both the breach of contract compensation and the performance of the contract simultaneously, forming a primary and backup structure. Third, property preservation is often more crucial than a successful judgment, so it's better to apply for it as early as possible. Fourth, there's a choice of applying either the deposit or the breach of contract penalty, which needs to be evaluated based on the amount. Fifth, pay attention to the provisions of litigation and arbitration clauses to avoid making the wrong procedural choice. Sixth, if the house is claimed by a third party, the litigation difficulty will increase significantly, so it's necessary to evaluate the situation in advance.Special services and other casesThe column can also provide program connection instructions.

VI. Frequently Asked Questions

Q1: If the seller breaches the contract and refuses to sell the house, how long does it usually take to file a lawsuit against them?

It usually takes several months. The general process is filing a lawsuit, serving the defendant, presenting evidence and holding a court hearing, and issuing a judgment. If the case applies to the simplified procedure, the trial period generally does not exceed three months, and cases applying to the ordinary procedure are generally concluded within six months. If the defendant refuses to accept the judgment and appeals, the first-instance trial period will be extended by three to six months. The actual duration is also affected by the amount of the subject matter: if the amount of the subject matter is large, the ordinary procedure may be applied. In addition, whether to apply for property preservation, whether the other party is unaccounted for, and whether appraisal and evaluation are needed will all affect the duration. Before filing a lawsuit, an overall estimate should be made based on these factors.

Q2: Can we ask the court to force the seller to transfer the ownership of the property?

It is possible to claim to continue to perform the contract, but whether this claim will be supported depends on the current state of the house. In practice, the court usually reviews whether the contract is valid, whether the buyer has fulfilled its main obligations as agreed, whether the house meets the conditions for transfer registration, and whether the rights of third parties are involved. If there are no ownership disputes over the house, no seizure orders have been issued against it, and the policy permits it, the buyer's request to continue to perform the contract is more likely to be supported. However, if the house has been transferred again, is subject to seizure orders, or involves third parties, the court may consider that there are no objective conditions for the buyer to continue to perform the contract, and thus shift to supporting the breach of contract compensation instead.

Q3: Can I get back double the amount of the deposit?

If the seller commits a fundamental breach of contract and the deposit is a deposit in the nature of a penalty, the penalty clause may be applied to require the seller to return the deposit in double. It should be noted that the amount of the deposit shall not exceed 20% of the subject matter of the main contract, and the excess part shall not have the effect of a deposit; in addition, the application of the penalty clause means that the parties' breach of contract liability will no longer be claimed separately. Therefore, in practice, we should combine the amount of the deposit, the proportion of the paid housing price, the breach of contract damages and loss compensation to be claimed to choose the more favorable option. If the contract itself is invalid or both parties are at fault, the application of the penalty clause may be excluded.Business and contract disputes in enterprisesThe design ideas requested in the column can be used as a reference.

Q4: If the house is sold during the litigation, can I still make a claim?

It can be claimed, but the difficulty will increase significantly. If the house is transferred to a third party during the litigation, the court may determine that there is no longer a basis for continued performance, and thus support the claim for breach of contract damages instead; if it can be proven that the third party is not a bona fide third party or does not meet the statutory conditions for changes in property rights, there is still room for claiming. Therefore, a more effective approach is to apply for property preservation while suing, seize or restrict the transfer of the involved house to avoid the risk of expansion. It should be noted that preservation requires providing guarantees, and the guarantee methods include cash, real estate or insurance company guarantees, which should be reasonably selected in combination with the evaluation of the house value.

Q5: If there is no online signing when buying a house, can I still claim to continue to perform the contract?

It is necessary to distinguish whether a pre-sale license has been obtained and the filing registration has been completed. According to relevant judicial interpretations, a commercial housing sales contract should, in principle, go through the online signing and filing procedures. However, failure to do so does not necessarily lead to the invalidity of the contract. In practice, courts usually review whether the seller has the development qualifications and sales qualifications, whether it has obtained a pre-sale license for commercial housing, and whether there are circumstances that violate mandatory provisions and lead to the invalidity of the contract. If the contract is valid and meets the conditions for performance, the failure to sign online mainly affects the transfer process, and the buyer can still claim for continued performance or breach of contract liability. It is recommended to understand the specific requirements of the local registration authorities at the same time.

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 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·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on 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. In case of disputes, please consult a practicing lawyer in time.