[Direct answer]In the Beijing area, if the online signing contract is unilaterally revoked by one party, it depends on whether the revocation is legal and justified. Online signing is the registration and public announcement of the housing transaction by the housing and construction department. Unilaterally revoking the online signing does not necessarily extinguish the contractual rights and obligations of the buyer and the seller. If one party unilaterally revokes the online signing without the consent of the other party, it usually constitutes a breach of contract or malicious obstruction of performance. The other party may claim to continue to perform the contract, handle the online signing and transfer of ownership, or request compensation for losses according to the sales contract; if the revocation is based on the contract being rescinded, mutual consent between the parties, or statutory grounds, it is a different matter. In accordance with the provisions of the Civil Code of the People's Republic of China on the rescission of contracts and breach of contract liability, it is recommended to fix the online signing inquiry records and communication evidence, and refer to them when necessary.Real estate sales and construction project services.

I. Problem Background and Typical Scenarios

In second-hand or new house transactions, one party (often the seller who withdraws the online signing after seeing the house price rise, or the buyer who withdraws the contract due to being denied a loan) secretly cancels the online signing, resulting in the other party being unable to proceed with the transfer of ownership, which is a frequent dispute. Typical scenarios include: the seller withdrawing the online signing and selling the house at a higher price; the buyer withdrawing the online signing to evade performance; and the intermediary or one of the parties using the online signing operation permissions to withdraw it without authorization. Many parties who fulfill their obligations find that the online signing has "disappeared" when the transaction has already stalled, and they even face the risk of the house being sold to someone else. It should be noted that the withdrawal of the online signing is often intertwined with breach of contract and contract termination. In the event of disputes over house delivery or payment, it can also be combined with other legal procedures.Special services and other case servicesEvaluation.

II. Key points of contention

There are four main points of controversy: Firstly, the nature of unilaterally revoking the online signing - is it a breach of contract or the exercise of contractual rights; Secondly, the impact of the revocation on the effectiveness of the sales contract, and whether the revocation of the online signing equals to the termination of the contract; Thirdly, whether the party in performance can request to resume the online signing and continue to perform and handle the transfer of ownership; Fourthly, the scope of compensation for losses, including the difference in housing prices, paid fees, and agency fees, etc. Courts and arbitration institutions tend to protect the party in performance and sanction malicious revocation to maintain the stability of transactions. For matters involving the determination of the effectiveness of the contract, reference can be made to the relevant provisions of the Civil Code of the People's Republic of China.Business and contract dispute services for enterprises.

III. Professional analysis by Hengluo Lawyers

Based on the online signing and transfer disputes of housing sales handled by Hengluo Law Firm, such as a housing sales contract dispute represented by Attorney Xiong Binrong: On May 29, 2008, Xu Xia and Liu Han signed a "Agreement", in which Liu Han sold the house at No. 406 in Chaoyang District, Beijing to Xu Xia for 400,000 yuan. The parties agreed to cooperate with the transfer of ownership after the issuance of the property ownership certificate and completed the notarization. Xu Xia paid the full purchase price and moved into the house. In 2021, after the property ownership certificate was issued and registered under Liu Han's name, Xu Xia sued Liu Han and his spouse to assist with the transfer of ownership and pay a breach of contract penalty of 80,000 yuan. Liu Han entrusted Attorney Xiong Binrong of Beijing Hengluo Law Firm to defend that he had agreed to transfer ownership from the beginning, had delivered the original property ownership certificate, and did not breach the contract. The court adopted the lawyer's opinion, determined that the agreement was legal and valid, and concluded that Liu Han and his spouse agreed to transfer ownership. Based on the evidence in the case, the agreement did not specify the time of transfer and did not explicitly refuse to transfer ownership. Therefore, Xu Xia's claim for breach of contract penalty was unfounded. The court ruled that Liu Han and his spouse should assist with the transfer of ownership within seven days and dismissed the claim for breach of contract penalty. This case was handled by Beijing Hengluo Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent. Note of this case: The online signing and transfer of ownership should be clearly stipulated. If either party reneges or revokes the agreement, they shall bear corresponding legal consequences. In cases involving enforcement, the process can be seamlessly connected.Creditor-debtor relations and enforcement case services.

IV. Practical suggestions and legal basis

The legal basis is Article 509 (Full Performance), Article 563 (Statutory Discharge), Article 577 (Liability for Breach of Contract), and Article 580 (Continued Performance of Non-Monetary Obligations) of the Civil Code of the People's Republic of China (effective January 1, 2021); as well as relevant regulations on online signing of housing contracts in various regions. Practical suggestions: First, fix the online signing inquiry records and evidence of revocation to prove that the other party operated without authorization; Second, verify the contract's provisions on the right of discharge and liability for breach of contract; Third, require the other party to restore the online signing and continue to perform the contract, or claim damages such as breach of contract penalties and compensation for price differences according to the contract; Fourth, if the malicious revocation constitutes a breach of contract, the party can sue to request continued performance or compensation; Fifth, if no agreement can be reached, promptly initiate litigation and apply for property preservation. For other real estate disputes, relevant provisions can be referenced as needed.Special services and other case-related servicesEvaluation.

5. Henglu Law Firm's Reminder

Unilaterally revoking the online signing does not mean that the contract is voided, let alone that the party can evade their obligations. The party in compliance should immediately fix the online signing records, the time of revocation, and the evidence of communication, clarify the provisions on termination and breach of contract in the contract, and promptly claim for continued performance or compensation for losses to avoid the house being resold and the price difference expanding. For the seller's malicious revocation, attention should also be paid to the seizure of the house and transactions in other cases; for the buyer's revocation, attention should be paid to the return of the down payment and the pursuit of liability for breach of contract. In case of complex situations or the other party's refusal to cooperate, it is recommended to consult a professional lawyer as soon as possible and develop a protection plan with the help of real estate sales and construction project legal services.

VI. Frequently Asked Questions

Q1: If the online signing is unilaterally revoked by the other party, is the contract still valid? Can I win the case?

The withdrawal of online signing does not equal the termination of the contract. The sales contract itself is usually still valid, so you may not necessarily "lose out". Online signing is just a filing and publicity process. The validity of the contract depends on the parties' intent and agreement, rather than the status of online signing. If the other party withdraws the contract without a legitimate reason, it constitutes a breach of contract or malicious obstruction of performance. The party in compliance may request to continue performing the contract, restore online signing and transfer of ownership, or claim compensation for losses, and there is a high likelihood of success. Of course, the outcome depends on evidence—whether you can prove the existence of the contract, the other party's withdrawal without a legitimate reason, and your performance of the contract. You should be cautious about promises of "definitely winning". Professional lawyers will evaluate the feasibility based on facts and clauses, rather than making empty guarantees. The key is to prove that the other party's withdrawal lacks contractual and legal basis.

Q2: If the online signing is revoked, what evidence should I prepare and keep?

The core evidence includes: online signing inquiry records or screenshots, proving the existence and revocation time of the online signing; sales contracts, supplementary agreements, and deposit/payment receipts, proving the contractual relationship and performance; chat records and audio recordings with the other party and the intermediary, proving that the revocation was not negotiated and the other party's intention to breach the contract; explanations or operation records issued by the intermediary; and written letters exchanged on the matter. The goal of organizing these materials is to prove that "the contract was validly established - you have performed your obligations - the other party unilaterally revoked the contract without a legitimate reason". The more complete the evidence is, the more confident you will be in claiming continued performance or compensation; it is recommended to fix the evidence as soon as possible to prevent the other party from further transferring or reselling the house.

Q3: How much does it cost to resume online signing, hire a lawyer for litigation, and pay the litigation fees?

The restoration of online signing itself is free of charge and is an administrative filing operation. If the restoration or continuation of performance is enforced through litigation, the litigation fees shall be calculated in accordance with the "Measures for the Payment of Litigation Costs" based on the amount of the litigation request (such as the value of the house and the breach of contract penalty) and shall be borne by the losing party. There is no nationwide unified standard for attorney's fees, which are negotiated according to the local guidance price and the entrustment contract. Generally, they are charged on a per-case or per-subject basis, and the fees for major real estate cases are higher accordingly. It is recommended to evaluate the current value of the house and the losses that can be claimed before suing, and compare the cost-benefit ratio with the attorney's fees and litigation fees. For cases of malicious revocation or where the house is at risk of being resold, it is possible to apply for property preservation at the same time, so as to consider both the cost of safeguarding rights and the protection of legitimate rights and interests.

Q4: How long does it usually take from discovering a withdrawal to completing the processing?

If the two parties can negotiate a resumption of the process, it can be completed within a few days. If litigation is necessary, the first-instance ordinary procedure will be concluded within six months and the simplified procedure within three months; for cases with clear facts, the simplified procedure is more applicable. After the judgment takes effect, if the other party still refuses to cooperate with the transfer of ownership, it is necessary to apply for compulsory enforcement, the duration of which depends on the property and the assistance provided. If the other party sells or transfers the property elsewhere, it may be necessary to first preserve the property and then initiate litigation, which will prolong the timeframe accordingly. Overall, negotiation and complaint are relatively quick, while litigation often takes months to complete. It is recommended to immediately fix the evidence and assert rights after discovering the revocation, and if necessary, apply for preservation at the same time to prevent the property from being disposed of and increase the difficulty of reversing the situation.

Q5: If the other party secretly revokes the online signing, what should I do specifically?

It is recommended to proceed in four steps: First, immediately check and print the online signing status through the official website or window of the housing and construction department to fix the evidence of "once online signed but revoked"; Second, request the other party in writing to explain the reasons for the revocation and restore the online signing and continue to perform the contract, and keep the letter and communication records; Third, verify the right to rescind the contract and the breach of contract clauses, and clarify whether the other party's revocation constitutes a breach of contract. On this basis, claim to restore the online signing, continue to perform the contract, or compensate for the losses such as price differences and expenses; Fourth, if no agreement is reached, sue within the statute of limitations and apply for property preservation as appropriate to prevent the house from being sold to others. Keep evidence throughout the process, and consult a professional lawyer as soon as possible in complex situations to develop a plan with the help of specialized services and other case services.

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 regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limit. →Legal services for the purchase and sale of real estate·Attorney Xiong Binrong·Beijing Henglu 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 you encounter disputes, please consult a practicing lawyer in time.