[Direct answer]In the Beijing area, if the seller refuses to sell after the buyer has paid the down payment, the buyer can demand that the seller continue to perform the contract and transfer the ownership, or terminate the contract and request the return of the paid down payment and compensation for losses. According to Article 577 of the Civil Code of the People's Republic of China, if a party fails to perform its contractual obligations, it shall bear such breach of contract liabilities as continuing to perform the contract, taking remedial measures, or compensating for losses; Article 580 regulates the situation where performance of the contract becomes impossible. If the house can still be transferred, the buyer can sue for forced performance; if the house has been sold to others, which constitutes a fundamental breach of contract, the buyer can terminate the contract, retrieve the down payment, and claim compensation. It is recommended to fix the payment and breach of contract evidence as soon as possible and refer to relevant columns to evaluate the legal path.

I. Problem background and typical scenarios

Such situations are common in the following cases: First, the seller regrets his decision after the house price rises and refuses to cooperate with online signing and transfer of ownership; Second, the seller sells the house to a third party and transfers the ownership, making the original contract impossible to perform; Third, the seller cannot transfer the ownership because the house is sealed up or the mortgage has not been cleared; Fourth, the seller delays the process on the grounds of family members' disagreement or tax disputes; Fifth, the default of the previous party in a chain replacement transaction. When handling similar cases in Beijing, the authorities usually first determine whether the house can still be performed, and then choose either to continue to perform the contract or to terminate the contract and compensate for the losses. The relevant procedures can be referred to for reference.Property transactions and construction projectsColumn.

II. Key points of contention

First, the validity of the contract and the possibility of performance. Whether the house has been sealed up, and whether the decision to sell it to others can be transferred; Second, the determination of fundamental breach of contract. If the seller explicitly refuses to sell or sells the house to others, it constitutes a fundamental breach of contract; Third, the choice between continued performance and compensation for breach of contract. The buyer has the right to choose; Fourth, the handling of the down payment and the loan; Fifth, the scope of compensation for lost profits and price differences; Sixth, the punishment for the seller's malicious behavior. Specifically, the current effective laws and regulations and judicial rulings shall prevail. For matters involving the enforcement of payments, reference can be made to relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

III. Professional analysis by Henglue Lawyers

From the practical experience of lawyers from our firm in handling housing sales disputes, the key to cases where the buyer has paid the down payment but the seller refuses to sell the house is to first determine the current status of the house and the likelihood of performance. If the house has not been sealed up or sold to others, the buyer's request to continue performing the contract and completing the transfer of ownership is usually supported. Lawyers from our firm will build the basis for performance around the contract, payment receipts, and reminder records. If the house has been sold to others or sealed up, making performance impossible, the case will shift to termination of the contract, requiring the return of the down payment, the principal and interest of the paid loan, and compensation for losses such as the increase in the value of the house. In practice, a common difficulty is the seller transferring the property or fabricating objections from co-owners. Lawyers from our firm pay attention to fixing the facts of breach of contract through the flow of funds, communication records, and property rights inquiries, thereby increasing the likelihood of successful compensation for termination of the contract. For related contract disputes, please refer to the relevant points for reference.Business and contract disputes in enterprisesColumn.

IV. Practical suggestions and legal basis

Action suggestions: First, immediately check the records to confirm whether the house has been sealed up, mortgaged, or sold to others; Second, keep the proof of down payment payment and loan disbursement, contracts, and chat records; Third, send a written notice to the seller to fulfill the contract and keep the evidence; Fourth, evaluate whether to continue the contract or terminate it. If terminating the contract, claim the return of the down payment, the principal and interest of the loan, and the loss of the price difference; Fifth, if no agreement can be reached, promptly file a lawsuit and, if necessary, apply for property preservation. For related procedures, please refer to the guidelines provided.Special services and other casesColumn. In terms of legal basis, Article 577 of the Civil Code of the People's Republic of China establishes breach of contract liability, Article 580 regulates the inability to perform non-monetary obligations, and Article 584 clearly stipulates that compensation for losses includes the benefits that could be obtained after the performance of the contract.

5. Henglue Law Firm's Reminder

Risk Warning: Firstly, if you find that the seller is not willing to sell the property, you should check the property records as soon as possible to prevent the house from being sold to others or sealed up, resulting in the inability to fulfill the contract; Secondly, you can only choose one of the two options: to continue with the performance of the contract or to claim compensation for breach of contract. You need to weigh the current condition of the house against the price difference; Thirdly, the safety of the down payment and loan funds should be given priority. After the contract is terminated, you should recover the funds in time; Fourthly, the lack of evidence will weaken your claims. It is recommended that you organize the materials and seek legal advice as soon as possible.Beijing Henglu Law FirmOn the official website, in the similar column, professional lawyers evaluate the paths of performance or termination of the contract.

VI. Frequently Asked Questions

Q1: Can the buyer force the seller to transfer the ownership of the property if the seller decides not to sell it anymore?

If the house has not been sealed up, sold to others, and meets the conditions for transfer of ownership, the buyer can request the seller to continue to perform the contract and handle the transfer of ownership, and the court will generally support this; but if the seller has already sold the house to a bona fide third party and transferred the ownership, or the house has been sealed up and the performance of the contract is impossible, the buyer can only terminate the contract and seek compensation. Whether the transfer of ownership can be enforced depends on the current status of the house and the seller's ability to perform the contract. It is recommended to check the property records first before making a decision.

Q2: What evidence do I need to prepare?

The following items should be prepared: the house purchase and sale contract and supplementary agreement; proof of payment of the down payment and loan; records of online signing, tax payment, and appointment for title transfer; chat records and audio recordings in which the seller explicitly states that they do not want to sell the house; archival information showing that the house has been sold to others or sealed up; written letters urging performance and proof of delivery; and communication records with the real estate agent. The evidence is used to prove the establishment of the contract, the payment of the down payment, and the seller's breach of contract.

Q3: How much does it cost to hire a lawyer?

The attorney's fees are negotiated based on factors such as the complexity of the case, the amount of the subject matter, and whether it involves preservation of evidence or the sale to a third party, etc., and there is no uniform standard. The litigation fees are charged in stages according to the amount of the litigation request (such as the down payment already paid and the amount of compensation claimed), and the proportion of the fees will be shared if the plaintiff wins the case partially. If the plaintiff only claims the transfer fees, the costs are relatively controllable. However, if the plaintiff also claims the loss of the price difference, the fees will increase accordingly with the increase of the subject matter. It is recommended to consult a lawyer first before quoting a price.

Q4: How long will it take to process it?

It's relatively quick to negotiate a termination of the contract, which can be completed in a few weeks. The first-instance litigation under the ordinary procedure generally takes no more than six months, but it may take longer if it involves checking the records and evaluating the price difference of the house; the second-instance litigation takes about three months. If the seller needs to sell the house to another buyer, add a third party or enforce a reversal, the process will take even longer. The key is to check the records and fix the current status of the house as soon as possible to avoid delays that may lead to the inability to perform the contract or the transfer of property.

Q5: If the seller refuses to sell the property after I've paid the down payment, how should I handle it?

The first step is to immediately check the property rights and confirm whether the house can be transferred; the second step is to fix the contract, the down payment and loan certificates, and the seller's breach of contract statement; the third step is to send a written reminder to fulfill the contract and keep records; the fourth step is to choose to continue to fulfill the contract or terminate the contract and claim compensation according to the current condition of the house. When terminating the contract, claim the return of the down payment, the principal and interest of the loan, and the price difference; the fifth step is to sue in time if no agreement can be reached, and apply for preservation if necessary. You can refer to the following for details:Real estate transactions and construction projectsColumn.

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 publicly available adjudication rules, and is provided 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.