[Direct answer]In the Beijing area, Henglue Lawyers can represent second-hand house sellers in breach of contract cases. In disputes over the sale of second-hand houses, whether it's the buyer or the seller, as long as there are disputes over contract performance, breach of contract compensation, and return of deposits, they can entrust professional lawyers. Common situations of sellers breaching contracts include raising prices after signing the contract, refusing to cooperate with the transfer of ownership, failing to move out of the household registration as agreed, and selling the same house to two buyers. According to the relevant provisions of the Civil Code of the People's Republic of China (effective January 1, 2021), the breaching party shall bear the responsibilities of continuing to perform the contract, taking remedial measures, or compensating for losses. If the seller is sued for breach of contract, they will also need professional lawyers to review the contract, provide evidence, and defend against the claims. Relevant disputes can be referred to for reference.Real estate transactions and construction projectsColumn.

I. Problem background and typical scenarios

It's not uncommon for sellers to breach their contract in second-hand housing transactions. Typical situations include: first, after the price of the house rises, the seller refuses to fulfill the contract and demands an increase in the price; second, after signing the contract, the seller changes his mind and refuses to cooperate with the online signing and transfer of ownership; third, the seller fails to move out of the household registration as agreed, which affects the buyer's ability to resell the house; fourth, selling the same house to two different buyers; fifth, the seller conceals defects in the rights of the house, such as being sealed up or mortgaged. When handling similar cases in Beijing, the court usually first reviews the validity of the contract and the facts of the breach of contract, and then determines the scope of compensation. The relevant rules can be referred to for reference.Real estate transactions and construction projectsColumn.

II. Key points of contention

The first focus is whether the contract is legal and valid, and whether there are situations such as "double contracts" or evading purchase restrictions that affect its validity. The second focus is the determination of breach of contract, such as whether refusing to transfer ownership or reneging on price increases constitutes a fundamental breach of contract. The third focus is the method of assuming breach of contract liability, whether it is to continue performance, terminate the contract, or compensate for losses. The fourth focus is the application of deposits and breach of contract penalties, which cannot be used concurrently. The fifth focus is the scope of compensation for losses, including price differences, agency fees, and breach of contract penalties for household registration. The sixth focus is whether the seller's defense grounds are valid, such as the buyer's own defective performance. Specifically, the current effective laws and regulations and judicial rulings shall prevail.

III. Professional analysis by Henglue Lawyers

Taking a second-hand house sale and purchase breach of contract dispute handled by our firm as an example, we can illustrate the approach to handling such cases. Yang * purchased Zhang *'s house through an intermediary, paying a total of 4.8 million yuan and completing the transfer of ownership. However, Zhang * failed to relocate his son's household registration as agreed, which affected the subsequent sale price of the house. Yang * entrusted our firm's lawyers to file a lawsuit, claiming breach of contract for delayed household registration relocation. The court found that Zhang * breached the contract. Based on the actual losses, the performance of the contract, the parties' faults, and the expected benefits, and in accordance with the principles of fairness and good faith, the court ruled that Zhang * should compensate Yang * 10 million yuan for the breach of contract for delayed household registration relocation. This case highlights that in second-hand house sales, the seller is obligated to fulfill the contractual obligations and shall bear breach of contract liability if he fails to perform as agreed. At the same time, in such disputes, the public security authorities and courts cannot force the original landlord to relocate the household registration, but can only prevent it through contractually agreed breach of contract penalties and deposits. In second-hand house sale and purchase breach of contract cases, our firm's lawyers not only represent buyers to claim breach of contract compensation, but also represent sellers to address performance disputes, protecting the legitimate rights and interests of the parties based on the contract and evidence.

IV. Practical suggestions and legal basis

Action suggestions: If the seller indeed encounters difficulties in fulfilling the contract, they should consult with the buyer as soon as possible to modify or terminate the contract to avoid being in a passive position of breaching the contract; when being sued for breach of contract, they should promptly entrust a lawyer to review the contract and communication records and prepare for defense. If the buyer encounters a seller's breach of contract, they can claim for continued performance or compensation, and for matters involving enforcement, they can refer to the relevant provisions of the Contract Law.Creditor's rights and debts, and enforcement casesThe column. In terms of legal basis, Article 577 of the Civil Code of the People's Republic of China stipulates the methods of assuming breach of contract liability, Article 584 stipulates that the amount of compensation for losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; Article 588 stipulates that the deposit and the breach of contract penalty cannot be used concurrently, and the parties may choose to apply them. The key points of relevant documents can be referred toSpecial services and other casesColumn.

5. Henglue Law Firm's Reminder

Risk Alert: Firstly, if the seller regrets the price increase and refuses to fulfill the contract, he/she is not necessarily exempt from liability and still needs to bear responsibility for breach of contract; Secondly, if the seller sells the same house to two buyers, he/she may face compensation and even other legal risks, so caution is needed; Thirdly, although the buyer's household registration cannot be forcibly transferred out, the seller can claim breach of contract damages according to the contract; Fourthly, it is better to resolve the dispute through negotiation than through litigation. Whether the buyer or the seller, it is recommended to clarify the breach of contract clauses when signing the contract and to consult as soon as possible in case of disputesProperty sales and construction projectsThe column provides response solutions formulated by professional lawyers.

VI. Frequently Asked Questions

Q1: Can Henglue Law Firm represent sellers in cases of breach of contract?

Yes. The lawyers of our firm handle second-hand housing sale disputes, acting as agents for both buyers and sellers, covering such breach of contract situations as sellers reneging on price increases, refusing to transfer ownership, failing to transfer household registration, and selling the same property to two different buyers. If the seller is sued for breach of contract, the lawyer will also need to review the contract, gather evidence, and prepare a defense. Whether to act as an agent depends on the nature of the case and a review of potential conflicts of interest with the lawyer. It is recommended to consult on specific disputes.

Q2: What evidence should I prepare if the seller breaches the contract?

The following should be prepared: first, the second-hand house sales contract, supplementary agreement, and intermediary service contract; second, the payment receipts for the deposit and down payment; third, communication records, including the content of the seller's reneging or refusing to perform the contract in WeChat and text messages; fourth, materials on the progress of online signing and title transfer; fifth, evidence of losses caused by the seller's breach of contract, such as the price difference, intermediary fees, and the agreed penalty for transferring household registration. Comprehensive evidence will help to claim for the seller to continue to perform the contract or compensate for the losses.

Q3: How much does it cost to hire a lawyer to handle cases like this?

The attorney's fees are determined through negotiation based on the complexity of the case, the amount of the claim, and the stage of representation, with no standardized rates. The litigation fees are charged based on the amount of the litigation request (such as breach of contract penalties and loss of price difference), with partial victories resulting in proportional sharing of the fees. For disputes involving simple breach of contract compensation, the costs are relatively manageable. However, if the case involves contract termination or the return of large sums of money, the fees will increase proportionally with the amount of the claim. It is recommended to consult with a lawyer about the case first before receiving a quote.

Q4: How long does it take to resolve a breach of contract dispute between a seller of a second-hand house and a buyer?

The ordinary procedure of the first instance generally lasts no more than six months, and the simplified procedure can be applied if the facts are clear; if it involves house seizure, double sale of the same house, or appraisal, the period will be extended. Mediation can lead to a faster resolution of the case. If the judgment is not implemented after it comes into effect, enforcement is necessary. The key is to fix the contract and evidence of breach of contract as soon as possible to avoid the difficulties and delays in providing evidence of the period and losses during the process.

Q5: What should I do if the seller breaches the contract?

The first step is to verify the provisions of the contract regarding the performance period, breach of contract liability, and breach of contract penalties; the second step is to send a written reminder and retain evidence of the seller's regret or refusal to transfer ownership; the third step is to assess whether to insist on continuing to perform the contract or to terminate the contract and seek compensation; and the fourth step is to initiate legal proceedings promptly if no agreement can be reached, and relevant reference materials can be consulted for guidance.Property transactions and construction projectsColumn; Step 5: If necessary, entrust professional lawyers to participate in evidence collection, negotiation, and litigation to safeguard their own rights and interests.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or 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 evidence materials, 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 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 a dispute arises, please consult a practicing lawyer in time.