[Direct answer]In the Beijing area, there is no legal basis for the seller unilaterally raising the price after the contract is signed, and the buyer can assert his rights according to the contract. According to Articles 509 and 577 of the Civil Code of the People's Republic of China (effective January 1, 2021), the parties shall perform their obligations in full in accordance with the contract. If a party fails to perform or performs in a manner inconsistent with the contract, it shall bear such contractual liabilities as continuing to perform, taking remedial measures, or compensating for losses. Therefore, the buyer has two options: first, request the seller to cooperate with the transfer of ownership and pursue the seller's liability for breach of contract due to the delay in transferring ownership; second, request to rescind the contract, return the paid amount, and claim damages and compensation for losses. The choice of path depends on whether the house meets the conditions for transfer of ownership, whether the house has been resold, and the changes in the housing price. In addition, if the seller has resold the house to another party, it is also necessary to evaluate the rules for protecting the buyer's rights in the situation of one property being sold to two buyers. The first key step is to verify the registration status and actual possession of the house. Reference can be made to the following:Real estate transactions and construction projectsThe service description in the column.

I. Problem Background and Typical Scenarios

Most of those who consult this issue are buyers who have already signed contracts and paid deposits. There are three common scenarios: after the house price has risen significantly, the seller demands an increase in the price or refuses to cooperate with the transfer of ownership; the seller delays the transfer on the grounds that the house is subject to a loan and cannot be released from the mortgage; the seller has already sold the house to others and completed the change of registration. In practice, the most common misunderstanding is that as long as you continue to pay, the problem can be solved. However, if the house has already been acquired by others, it may no longer be possible to fulfill the contract. Therefore, before negotiations, it is necessary to first verify the current status of the property rights to avoid making unfavorable statements during the negotiations. Therefore, the first step of judgment is to verify the current registration and possession status of the house, which determines the design direction of subsequent requests and the actual remedies available.

II. Key points of contention

First, whether the house has been resold and registered. Second, whether the buyer has actually taken possession of the house. Third, whether there is feasibility in mortgaging and releasing the mortgage on the house. Fourth, the feasibility of continuing to perform the request in practice. Fifth, the applicable conditions and timing for rescinding the contract. Sixth, the agreed standard of the breach of contract penalty and the room for adjustment. Seventh, the proof of the loss of the house's appreciation value and the provable benefits. Eighth, the effectiveness of payment preservation and property preservation registration. The handling rules for the sale of the same property to two buyers can be referred to for reference.\nInheritance of property and division of family assetsAn explanation of the registration priority in the column.

III. Professional analysis by Henglue Law Firm

Judging from the experience of handling default disputes in second-hand housing transactions, the approach to dealing with such cases highly depends on the current status of the property. If the house has not yet been transferred to the buyer, is still in the buyer's possession, and no third party claims rights to it, it is usually most advantageous to request continued performance and pursue breach of contract liability. At the same time, you can apply for property preservation to prevent the house from being transferred again. If the house has been sold by the seller elsewhere and registered, and the new buyer has paid a reasonable price and completed the registration, the original buyer's chances of obtaining the house are very low. In this case, you should shift to terminating the contract, returning the payment, and claiming breach of contract liability and compensation for losses. Another key point is evidence: the buyer's payment receipts, reminder records, and the other party's responses are the core materials to prove that the seller breached the contract. Therefore, in practice, it is usually recommended to immediately refuse in writing and request continued performance after the seller proposes a price increase. This is both a claim of rights and evidence fixation. This case was handled by Beijing Henglu Law Firm.Xue SuhuaThe attorney (practice certificate number: 11101201211769926, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: 1. Verify the status of the housing registration, whether the transfer of ownership has been completed, and the actual possession of the property. 2. Preserve payment receipts and contract documents. 3. Refuse the price increase in writing and demand continued performance of the contract. 4. Assess the need to apply for property preservation. 5. Investigate whether the property has been sold to two buyers simultaneously. 6. Calculate the refund amount and breach of contract penalties in the event of contract termination. 7. Select a legal remedy based on the current status of the property and pay attention to the statute of limitations. Legal basis: Articles 509, 543, 565, 577, and 585 of the Civil Code of the People's Republic of China (effective January 1, 2021); Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Disputes over Commercial Housing Sales Contracts (based on the current effective version); All applicable laws, regulations, and judicial rulings in effect.

5. Henglu Law Firm's Reminder

Firstly, the seller's price increase lacks legal basis, and a written refusal is a crucial step. Secondly, the current condition of the house determines the request path, and it is necessary to verify this first. Thirdly, if the house has been resold, the likelihood of obtaining it is low, and the focus should shift to seeking monetary compensation. Fourthly, it is better to initiate property preservation as soon as possible, but the cost of the guarantee needs to be evaluated. Fifthly, the agreed standard of the breach of contract penalty is the focus of negotiations and litigation. Sixthly, attention should be paid to payment preservation and the handling of property guarantee registration, as property rights take precedence over creditor's rights. Seventhly, attention should be paid to the statute of limitations, and it is recommended to assert rights promptly after a dispute arises. Eighthly, payment receipts, reminder records, and the other party's responses constitute core evidence, and they should be systematically organized. Ninthly, if a house loan is involved, it is necessary to simultaneously evaluate the arrangements for releasing the mortgage and the funding arrangements. Tenthly, if multiple properties or multiple buyers assert rights, the order of processing should be evaluated separately, and the relevant rules for protecting rights can be referred to for reference.\nInheritance and division of family propertyColumn.

VI. Frequently Asked Questions

Q1: Can the seller increase the price after signing the contract?

It is not allowed to unilaterally increase the price. After the contract is legally established, it is binding on both parties, and the seller should perform the contract at the agreed price. According to Article 509 of the Civil Code, the parties shall perform their obligations in full in accordance with the agreement. The seller's request for a price increase constitutes a breach of contract, and the buyer may refuse it and demand continued performance or pursue breach of contract liability. In practice, it is necessary to explicitly refuse the price increase in writing to avoid leaving disputes in oral negotiations. For related rights protection ideas, you can refer to the following content:Real estate transactions and construction projectsColumn.

Q2: Can we require the seller to transfer the ownership of the property?

This can be claimed, but whether it can be achieved depends on the current status of the house. If there are no third-party claims on the house, no seizure, and the conditions for lifting the mortgage are met, it is feasible to request continued performance and transfer of ownership; if the house has been resold and transferred, or has been seized, the likelihood of obtaining the house is lower. At this point, it is more appropriate to proceed with terminating the contract, returning the payment, and pursuing breach of contract liability.

Q3: What should I do if the seller has sold the house to someone else?

It is necessary to evaluate the protection rules in the case of a double sale of the same property. If the original buyer has actually taken possession of the house and the new buyer has not paid a reasonable consideration or acquired the property in good faith, the court may protect the original buyer's rights; if the new buyer has paid a reasonable price and completed the registration, the original buyer can usually only require the seller to bear the liability for breach of contract. It is recommended to verify the situation of the new buyer as soon as possible and consider applying for property preservation to freeze the seller's other assets.

Q4: When can I request to terminate the contract?

The circumstances under which a party may claim to terminate the contract include: the contractual purpose has become impossible to achieve due to the seller's breach of contract; the agreed upon conditions for termination have been fulfilled; or the occurrence of statutory grounds for termination. However, it should be noted that the exercise of the right to terminate is subject to a time limit. If the exercise of the right to terminate expires or is not exercised within a reasonable period after being urged by the other party, the right may be extinguished. In addition, termination requires notifying the other party, and the notice takes effect upon its receipt.

Q5: Can I claim compensation for the losses caused by the price increase?

It is possible to claim compensation for losses caused by rising house prices, but it is quite difficult to prove this in practice. In such cases, it is necessary to provide recent transaction prices of similar houses, professional appraisals or market analysis materials, and explain the connection with the breach of contract and the seller's failure to take reasonable mitigation measures after the breach of contract. If it can be proven that the buyer was forced to purchase another house during the period of rising house prices due to the seller's breach of contract, some of the losses may be supported. It is recommended to collect relevant evidence at the same time as the evidence is being formed.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

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. →Business and commercial legal services·Attorney Xue Suhua·Beijing Henglue 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 a dispute arises, please consult a practicing lawyer in time.