[Direct answer]In the Beijing area, if the seller breaches the contract and refuses to sell the house, the buyer can claim the difference in the house price increase if the conditions are met. According to Articles 577 and 584 of the Civil Code of the People's Republic of China (effective from January 1, 2021), if a party fails to perform its contractual obligations and constitutes a breach of contract, it shall bear such responsibilities as continuing to perform the contract, taking remedial measures, or compensating for losses; the amount of compensation for losses shall include the benefits that could be obtained after the performance of the contract, but shall not exceed the losses that the breaching party foresaw or should have foreseen at the time of concluding the contract. The difference in the increase in the house price constitutes a loss of foreseeable benefits. If the contract is valid and the buyer has prepared sufficient funds and actively performed the contract, the buyer can usually claim the difference between the market value of the house at the time of suing or adjudicating and the original contract price as compensation. The specific provisions shall be subject to the currently effective laws and regulations and judicial adjudications. It is recommended to refer to the relevant provisions for more details.Real estate transactions and construction projectsColumn.

1. Problem background and typical scenarios

Sellers breaching the contract and refusing to sell the house often occur during the period of rising house prices. Typical scenarios include: first, after signing the contract, the house price rises sharply, and the seller reneges on the deal on the grounds of his/her spouse's disapproval, failure to obtain the certificate, or selling the same house to two different buyers; second, the seller refuses to sell by citing flaws in the contract terms (such as a "yin-yang contract" or qualification restrictions for purchasing a house); third, the seller deliberately delays the online signing and transfer of ownership to wait for the buyer to breach the contract. Buyers often worry that "they won't be able to buy the house and won't get the money they've paid in the rising market". When handling similar cases in Beijing, the court usually reviews the validity of the contract, the buyer's performance of the contract, and evidence of changes in house prices. The relevant transaction risks can be referred to for reference.Business and contract disputes in enterprisesColumn.

II. Key points of contention

First, the validity of the contract. A legally concluded house purchase contract is binding on both parties, and the seller's unilateral withdrawal does not exempt him from liability. Second, whether the buyer's expected benefits (the price difference) can be supported. This requires proof that the buyer has fulfilled his obligations, the loss is real and foreseeable. Third, the buyer's obligation to mitigate losses. He should promptly purchase another house or claim compensation to avoid the loss from expanding. Fourth, the choice between continuing to perform the contract and claiming compensation for the price difference. If the house is still available for sale, priority should be given to continuing to perform the contract; if it has been resold to others, the buyer can claim compensation. Fifth, the burden of proof regarding the degree of the breaching party's malice. Specifically, this shall be subject to the current effective laws, regulations, and judicial rulings. For cases involving forced transfer of ownership, reference may be made to relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

III. Professional analysis by Henglue Lawyers

Based on the practical experience of the lawyers handled by our firm, the key to the buyer claiming the price difference of the house is to ensure the completeness of the evidence chain. The following items should be fixed: the original sales contract and supplementary agreement, the payment receipts for the deposit and purchase price, the seller's clear refusal to sell in the communication records, the proof of the price increase based on the transaction price or appraisal price in the same neighborhood at the same period, and the evidence showing that the buyer has the qualification to purchase and the ability to pay. The lawyers handled by our firm suggest that if the seller defends himself with the argument of "not obtaining the spouse's consent", if the buyer acts in good faith and with reasonable reliance, it usually does not affect the validity of the contract and the buyer's claim for compensation; if the seller sells the same house to two buyers, the buyer can claim the price difference and compensation from the party who has registered or occupied the house. The litigation strategy and evidence collection for such cases can be referred to for reference.Special services and other casesColumn.

IV. Practical suggestions and legal basis

Action suggestions: First, if the seller reneges on the deal, immediately send a letter to urge them to fulfill their obligations and collect evidence; Second, verify your own eligibility to purchase the property and your ability to pay, to prove that you are ready; Third, commission an appraisal or collect transaction prices in the same residential area to quantify the price increase; Fourth, prioritize claiming continued performance of the contract and handling the transfer of ownership. If the property has already been resold, switch to claiming compensation for the price difference; Fifth, pay attention to the statute of limitations and mitigation of damages, and purchase another property or file a lawsuit in a timely manner. For related transaction compliance, please refer to the guidelines provided.Land expropriation and demolition, and administrative litigationColumn. In terms of legal basis, Article 577 of the Civil Code of the People's Republic of China stipulates the forms of breach of contract liability, Article 584 defines the scope of compensation for losses including expected benefits, Article 588 stipulates the penalty for a deposit, and Article 591 clarifies the obligation of the non-breaching party to mitigate losses.

5. Henglu Law Firm's Advice

Risk Warning: Firstly, the compensation for the price difference is based on the buyer's good faith and active performance of the contract. If the buyer breaches the contract, it will be difficult to obtain support; Secondly, if the house has been resold by the seller and transferred to a bona fide third party, the buyer can only claim the price difference rather than reclaim the house; Thirdly, it is necessary to provide evidence of the price increase. Relying solely on subjective valuation is insufficient; Fourthly, it is necessary to mitigate losses in a timely manner. Prolonged indecision may be regarded as an act of aggravating losses. It is recommended to entrust a professional lawyer as soon as possible to fix evidence, quantify losses, and choose the path of continuing to perform the contract or compensation. If necessary, consult a lawyer for advice.Property transactions and construction projectsThe column assesses the transaction risk.

VI. Frequently Asked Questions

Q1: If the seller breaches the contract and refuses to sell the house, can I recover the increased price difference?

Those who meet the requirements can do so. According to Articles 577 and 584 of the Civil Code, the seller shall bear the liability for breach of contract and compensate for the losses, including the benefits that can be obtained after the performance of the contract. The difference in the increase in the value of the house belongs to the expected benefits. If the sales contract is valid and the buyer has actively performed the contract and has the ability to pay, he can usually claim compensation for the difference between the market price of the house at the time of suing or adjudicating and the original contract price. However, it is necessary to prove that the losses are real, foreseeable, and have been mitigated.

Q2: What evidence should be prepared to prove that the price difference of the house increased after the purchase?

The following are the required preparations: 1. The housing sales contract and supplementary agreement, as well as receipts for down payments and payment of the purchase price. 2. Evidence of the seller's explicit refusal to sell or of dual sales of the same property, including chat records, letters, and abnormalities in the online signing process. 3. Proof of the buyer's performance of contractual obligations, eligibility to purchase, and payment capacity, including bank deposits and loan approval documents. 4. Evidence of rising housing prices, such as transaction prices in the same neighborhood during the same period and valuation reports from appraisal agencies. 5. Proof of timely purchasing alternative properties or claiming damages. A complete chain of evidence is essential to quantify and substantiate the price difference claim.

Q3: How much does it cost to litigate such cases?

The fees include litigation fees and attorney's fees. The litigation fees are charged based on the amount of the litigation request (the price difference or the subject of the house), and the losing party shall bear them; the attorney's fees are negotiated according to the subject of the house, the size of the price difference, and the difficulty of providing evidence, with no unified standard. The higher the subject is, the higher the fees will be. If the claimant insists on continuing to perform the contract and transfer the ownership, the subject shall be calculated based on the contract price. Specifically, you should first consult and estimate the budget based on the value of the house and the evidence, and then decide whether to sue or not.

Q4: How long does it usually take to resolve a housing price difference dispute?

If the facts are clear and the other party acknowledges the contract, the first-instance ordinary procedure generally lasts no more than six months, and the summary procedure is even shorter; if it involves one house sold to two buyers, objections from third parties, or appraisals, it may be extended. The second-instance procedure takes about three months. The enforcement stage depends on the seller's financial situation. The key is to sue and apply for property preservation as soon as possible to prevent the seller from transferring the house or funds. Overall, it usually takes several months to over a year from filing a lawsuit to recovering the money through enforcement.

Q5: What should be done if the seller breaches the contract and refuses to sell the house?

The first step is to immediately send a letter to urge the seller to fulfill the contract and collect evidence of the seller's refusal to sell; the second step is to verify your own eligibility for purchasing the house and your ability to pay, to prove that you are ready; the third step is to collect the transaction prices in the same residential area or commission an appraisal to quantify the price difference; the fourth step is to prioritize claiming the seller to continue to fulfill the contract and handle the transfer of ownership. If the house has been resold to others, you can claim compensation for the price difference instead; the fifth step is to sue and apply for preservation of evidence in a timely manner. For matters involving transaction compliance and financial arrangements, you can refer to the relevant provisions.Real estate transactions and construction projectsColumn evaluation path.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Legal services for the purchase and sale of real estate·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.