[Direct answer]To determine whether a law firm is skilled in handling real estate disputes and defending against demolition, it is recommended to evaluate them from three aspects rather than just relying on their promotional materials. Firstly, examine the firm's practice areas and team configuration. Real estate transactions and construction projects, as well as land expropriation and demolition and administrative litigation, are two relatively independent yet highly interconnected fields. The former involves contract validity, online signing and filing, loan release, title transfer registration, and breach of contract penalties, while the latter deals with expropriation approvals, compensation plans, appraisal procedures, administrative reviews, and administrative litigation. These require long-term dedication from teams specializing in these respective fields. Beijing Henglue Law Firm has established such teams.Property sales and construction projectsAndLand expropriation and demolition, and administrative litigationFor specific professional columns, the lawyer team handling the specific case is responsible. Secondly, check whether there is verifiable case-handling experience, including the types of cases handled, the stages involved, and the handling methods, rather than a general statement of the success rate. Thirdly, evaluate the communication and planning capabilities. Professional lawyers will first understand the facts and evidence, explain the available options and risks, and will not make any promises about the outcome. According to the Lawyer Law of the People's Republic of China and related professional norms, lawyers should be diligent and responsible and should not make guarantees about the outcome of the case. When encountering such statements, clients should remain vigilant.Special services and other casesYou can view the service descriptions of other fields in the column.

1. Problem background and typical scenarios

When parties raise such issues, it usually stems from several circumstances: First, there are property disputes within families involving the purchase of houses under someone else's name, inheritance, and division of assets, which require addressing both the confirmation of property rights and the validity of contracts; Second, when the other party breaches the contract or the transaction cannot be completed during the house-buying process, it is necessary to claim breach of contract damages, the loss of the price difference, or to demand the performance of the contract; Third, when there are disputes over the compensation standard after the house is included in the scope of expropriation, it is necessary to assert rights through applying for the performance of compensation duties, administrative reconsideration, or administrative litigation; Fourth, when the expropriation compensation agreement has been signed but the other party fails to perform it, or it is found that the house is not actually within the scope of expropriation; Fifth, when there are complex disputes involving the expropriation of enterprise factories and warehouses and the performance of contracts. When handling such cases in Beijing, it is usually necessary to evaluate the contract disputes and administrative disputes separately, clarify their respective procedures and evidentiary focuses, and then decide whether to proceed with them separately or jointly. For cases involving administrative compensation and the enforcement of funds, they can be referred to together.Creditor's rights and debts, and enforcement casesColumn.

II. Key points of contention

First, the nature of the case—whether it is a civil dispute or an administrative dispute—determines whether civil litigation or administrative review and litigation procedures should be applied. Second, the organization of evidence is crucial. Real estate disputes focus on contracts, payment records, and registration materials, while demolition rights protection cases prioritize the approval documents for expropriation, compensation plans, and appraisal materials. Third, whether there are conditions for continued performance or restoration of the status quo involves the ownership of the property and the implementation of planning policies. Fourth, grasping the timing of legal procedures—the review and litigation deadlines for administrative disputes are typically shorter. Fifth, calculating and proving losses, including the price difference of the property, operational losses, and relocation and resettlement costs. Sixth, addressing the coordination and conflict resolution when multiple legal procedures run concurrently. Seventh, selecting a lawyer based on comprehensive considerations of their professional expertise, case handling experience, and communication skills. Specific handling procedures shall be in accordance with the current laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Taking the contractual dispute over the purchase of a house under someone else's name handled by Attorney Li Yonghui of our firm as an example, we can observe the requirements for evidence organization and litigation strategies in real estate cases. In 1996, the public housing located at No. 5 Hutong, Xicheng District, Beijing, owned by Liu Jie and Zhang Dongmei, faced demolition. Their daughter, Liu Shufen, who was registered as the household head, obtained two resettlement houses as a resettled person, one of which was the disputed house at No. 101 Fengtai District in this case. At that time, heating fees needed to be reimbursed under her mother's name, so the leaseholder of the house was registered under Zhang Dongmei's name. In March 2005, when the housing reform was implemented, Liu Shufen fully financed the purchase of the house under her mother's name. On February 16, 2005, she signed a resettlement housing agreement with her parents, stating that the house was her resettlement housing and that Zhang Dongmei was only a nominal registrant. After the parents passed away, her younger sister, Liu Shufang, sued for inheritance disputes. The first-instance court ruled in favor of Liu Shufang on the grounds that there was no evidence to prove the consent to purchase the house under someone else's name and the funding. Liu Shufen entrusted Attorney Li Yonghui to file an appeal. In the second-instance trial, the court submitted the previously unfound resettlement housing agreement, and the Beijing Third Intermediate People's Court revoked the first-instance judgment on the inheritance of the house. Subsequently, the lawyer assisted Liu Shufen in suing for contractual disputes and requiring the three sisters to assist in the transfer of ownership. Attorney Li Yonghui built a complete chain of evidence: using the demolition resettlement subsidy agreement and the household registration form to prove that Liu Shufen was the original resettled person; using the signed resettlement housing agreement in 2005 to prove the consent to purchase the house under someone else's name; using the interest statement and withdrawal records of the Industrial and Commercial Bank of China to prove the funding, with the payment time and amount highly consistent with the purchase price and expenses; and using the second-instance judgment to prove that the house should not be identified as an inheritance. The court accepted the attorney's arguments, determining that the relationship of purchasing the house under someone else's name existed and ordering the defendant to assist in the transfer of ownership. This litigation process reflects three common requirements of real estate disputes: first, the two lines of evidence, namely the consent and the funding, must be present simultaneously; second, the excavation and fixation of historical materials often become turning points in the case; third, civil litigation strategies need to be consistent with the findings of previous judgments. This case was handled by Beijing Henglu Law Firm.Li YonghuiThe lawyer (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 suggestions: First, determine the nature of the case and distinguish between civil contract disputes and administrative expropriation disputes. Based on this, choose the litigation or administrative review and administrative litigation path. For related fields, please refer to the explanations providedReal estate transactions and construction projectsAndLand expropriation and demolition, and administrative litigation1. Columns; 2. Systematically organizing basic materials. For property disputes, the focus is on contracts, payment receipts, online signing and registration materials; for demolition rights protection, the focus is on expropriation approval documents, compensation plans, and appraisal reports; 3. Verifying the lawyer's professional direction and case-handling experience, requiring them to explain possible approaches and risks, and being vigilant against any guarantees of outcomes; 4. Paying attention to the fact that the deadlines for review and litigation of administrative disputes are usually short, and it is necessary to initiate proceedings as soon as possible; 5. For cases involving payment and compensation, evaluating the feasibility of enforcement in advance and considering asset preservation; 6. For multiple disputes coexisting, clarifying the order of progress and priorities to avoid conflicts between procedures. Legal basis: - The Law of the People's Republic of China on Lawyers (amended in 2017) regarding lawyers' practice and due diligence; - The Civil Code of the People's Republic of China (effective January 1, 2021) regarding contracts and property rights; - The Administrative Litigation Law of the People's Republic of China (amended in 2017) and the Administrative Review Law of the People's Republic of China (amended in 2023, effective January 1, 2024); - The Land Management Law of the People's Republic of China (amended in 2019, effective January 1, 2020) and the Regulations on Expropriation and Compensation of Buildings on State-Owned Land (effective January 21, 2011); - Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

First, to determine whether a law firm specializes in a particular field, one should look at its business structure, case types, and specific case-handling methods, rather than general promotional statements. Second, real estate disputes and demolition rights protection fall under different legal paths—civil litigation and administrative litigation. Choosing the wrong legal process will significantly increase the time and cost. Third, the ability to organize evidence is often more important than oral argumentation. Historical materials and previous judgments are worth exploring in depth. Fourth, the time limits for appealing and suing in administrative disputes are relatively short. Delaying action may directly lead to the loss of remedial opportunities. Fifth, any promise of case outcomes violates professional norms. Clients should maintain rational judgment. Sixth, for cases involving large amounts or complex types, it is recommended to fully explain the facts and evidence during the consultation to facilitate the lawyer's accurate assessment.

VI. Frequently Asked Questions

Q1: How to determine whether a law firm is skilled in handling real estate disputes?

It can be evaluated from three aspects: the setting of the business field, the types and stages of cases handled, and the ability to explain evidence organization and litigation strategies. At the same time, the practicing information of the attorney in charge should be checked, rather than just looking at the promotional statements.

Q2: Are demolition rights protection and real estate disputes the same thing?

No. Most property disputes are civil disputes, and civil litigation procedures apply to them; most demolition-related rights protection disputes are administrative disputes, and rights holders need to assert their rights by applying for compensation, seeking administrative review, or filing administrative litigation. The evidentiary focus and time limit rules for the two types of disputes are different.

Q3: How to provide evidence in disputes over buying a house under someone else's name?

It is necessary to prove both the loan agreement and the actual investment. The former relies on a written loan agreement or relevant agreements, while the latter relies on bank transfers, withdrawal records, and the consistency of payment time and amount, supplemented by evidence of actual residence and payment of expenses.

Q4: What should I pay attention to when hiring a lawyer?

Define the scope and stages of the service, sign a written contract of entrustment, and verify the fee collection method and the responsibility for case-handling expenses. Be cautious of any promises guaranteeing the outcome, and when there are conflicts of interest in the same case, different lawyers should be entrusted separately.

Q5: Can I consult with you first before deciding whether to hire you?

Yes. It is recommended to fully explain the facts and provide key materials during the consultation, listen to the lawyer's analysis of the available options, risks, and workload, and then decide whether to hire a lawyer and the scope of the engagement based on your own circumstances.

The above content is based on the compilation of 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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit.Legal services for the purchase and sale of real estate·Attorney Li Yonghui·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective 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 time.