[Direct answer]In the Beijing area, if only a paper contract has been signed but the online signing has not been completed yet, there are indeed risks in the transaction, but the contract itself is generally still valid. Online signing is a filing and public announcement of the house transaction by the real estate authorities. The lack of online signing will make the transaction lack official public announcement and pre-registration protection. Sellers may sell the same house to two different buyers, mortgage or seize the house without authorization, and buyers may have difficulty resisting bona fide third parties. According to Article 215 of the Civil Code of the People's Republic of China, the failure of the parties to go through the approval and registration does not affect the validity of the contract, but it affects the enforceability of the change of property rights. To reduce risks, it is necessary to complete the online signing and pre-registration as soon as possible, and keep the contract and payment receipts. For more details, please refer to the official document.Legal services for real estate transactions and construction projects.

1. Problem background and typical scenarios

The situation of only signing a contract but not completing online signing often occurs in the following scenarios: new house subscriptions, private transactions of second-hand houses, or developers delaying filing for registration. Typical scenarios include: buyers sign a subscription agreement or sales contract and make payments, but developers fail to complete online signing for a long time due to "policy adjustments" or "system issues"; second-hand house buyers and sellers sign a contract only to avoid taxes and temporarily not transfer ownership; and sellers pledge or sell the house to others after signing the contract. Many buyers believe that "having a signed contract in hand is enough", ignoring the lack of online signing which leaves them without legal protection. In fact, a valid contract does not guarantee property rights security. Without online signing and pre-registration, if the seller's assets are seized due to debts, buyers can only claim compensation for debts and have difficulty protecting their homes. For issues involving property rights security, it is recommended to seek legal advice.Real estate sales and construction project servicesEvaluation.

II. Key points of contention

There are three key points of contention. Firstly, the validity of the contract and the transfer of property rights: According to Article 215 of the Civil Code, the absence of online signing does not negate the validity of the contract, but the transfer of ownership of the house is subject to registration. If it is not registered, the property rights transfer will not take effect. Secondly, the protection of priority in the case of one house being sold to two buyers: Buyers who have completed online signing or pre-registration have priority, while those who have only signed the contract but not made it public can only seek compensation from the seller. Thirdly, the boundaries of the seller's freedom to dispose of the property: Before the transfer of ownership, the seller is still registered as the owner, and there is a risk of unauthorized mortgaging, selling, or being subject to enforcement. For disputes involving the validity of the contract, reference can be made to the relevant provisions of the Civil Code.Business and contract dispute resolution services for enterprisesClarify rights and obligations.

III. Professional analysis by Hengluo Law Firm

Taking the case of a pre-sale contract for commercial housing represented by our firm as an example, we can clearly see the reality of "the contract is valid but active protection of rights is needed". On April 30, 2021, Zhang Quan signed a "Beijing Commercial Housing Pre-sale Contract" with Beijing A Real Estate Development Co., Ltd. to purchase a house No. 302 in a certain residential area, with a floor area of 99.41 square meters and a total price of 6,841,972 yuan. It was agreed that A Company should deliver the house before June 15, 2023; on the same day, a supplementary agreement granted a 90-day grace period. After the expiration of the grace period, the buyer would pay a penalty of one ten-thousandth of the total price per day. However, A Company did not deliver the house until March 5, 2024, which was nearly nine months later than the agreed date. Zhang Quan entrusted Beijing Henglu Law Firm to handle the case.Tian Jia YanThe lawyer sued, demanding the payment of a breach of contract penalty of 118,366.12 yuan for the delayed handover of the house from September 14, 2023 to March 5, 2024. The main disputes between the two parties focused on whether the pandemic and other factors constituted force majeure, whether the grace period could be cumulative, and whether the standard of the breach of contract penalty was reasonable. Company A claimed that the construction was delayed due to force majeure such as the pandemic and was entitled to a cumulative grace period; the lawyer pointed out that the contract was signed in 2021, and the pandemic had become a normal situation, so the developer should have foreseen it and it did not constitute force majeure. The grace period should be strictly applied in accordance with the contract. The court adopted the lawyer's opinion, determining that the pandemic did not constitute force majeure and the grace period could not be cumulative, and ordered Company A to pay the full breach of contract penalty of 118,366.12 yuan and the litigation fees. This case was handled by Beijing Henglu Law Firm.Tian Jia YanThe lawyer (practice license number: 11101202111381309, subject to the certificate issued by the judicial administrative organ) acts as the agent. This case reminds us that after signing the contract, we should keep a close eye on the performance of the contractual obligations. If the developer breaches the contract, we should fix the evidence and assert our rights as soon as possible.

IV. Practical Suggestions and Legal Basis

The legal basis is Article 215 of the Civil Code of the People's Republic of China (effective January 1, 2021) (non-registration does not affect the validity of the contract), Article 221 (pre-registration), Article 577 (liability for breach of contract), and the provisions of the "Measures for the Administration of Pre-sale of Urban Commercial Housing" regarding the online signing and filing of pre-sale commercial housing. Practical suggestions: After signing the contract, promptly urge online signing and, when conditions permit, handle pre-registration to resist subsequent disposal; pay through bank transfer and retain the payment receipt; check the status of the house's seizure and mortgage; if the seller sells the house to others or the developer breaches the contract, immediately send a written notice and consider applying for property preservation. For cases involving enforcement preservation, it can be combined with other measures.Creditor-debtor relations and enforcement case servicesAdvance.

5. Henglu Law Firm's Advice

Signing a contract without online signing does not mean the transaction will fail, but the risk exposure will be significantly increased. The most pragmatic approach is to complete the online signing and pre-registration as soon as possible, and upgrade the "creditor's rights" to a "legally enforceable right of expectation of ownership". When signing the contract, the time limit for online signing and the breach of contract liability should be clearly stated, and payment records should be kept. Regularly check the status of the house. If the developer delays the delivery of the house or the seller shows signs of selling the house to others, do not wait and watch. You should send a letter of reminder and fix the evidence as soon as possible, and if necessary, hire a lawyer to sue and preserve evidence. For risks involving group housing projects, you can seek help from relevant authorities or professional organizations.Special services and other case servicesCoordinate and safeguard rights and interests.

VI. Frequently Asked Questions

Q1: If I've only signed the contract but not completed the online signing process, and the seller changes their mind, can I still keep the house?

Whether you can keep the house depends on whether the publicity protection has been carried out. If you only sign a contract but fail to conduct online signing or pre-registration, the seller may still sell the house to a bona fide third party and transfer the ownership to them. In this case, it will be difficult for you to directly reclaim the house and you can only claim breach of contract compensation from the seller. However, if online signing or pre-registration has been completed, you can use the registration to oppose the seller's subsequent disposal of the house and prioritize protecting your rights. Therefore, you should conduct online signing and pre-registration as soon as possible after signing the contract. If the seller has already sold the house to someone else, you should promptly file a lawsuit and apply for property preservation and seizure of the house to recover the compensation within the scope of the seller's liable property. The specific outcome will depend on the current status of the house and the evidence, and it is impossible to make a prior commitment. It is recommended to consult a lawyer for an assessment as soon as possible.

Q2: For real estate transactions that have not gone through online signing, what evidence do I need to prepare?

The core evidence includes: the sales contract or subscription agreement (to prove the transaction agreement and the obligation of transferring ownership), payment receipts (bank statements, receipts, to prove that the consideration has been paid), communication records (WeChat, text messages, emails, to prove that the buyer has urged the seller to sign the online contract and the seller's commitment), written statements issued by the developer or the intermediary, and records of the house status inquiry (seizure, mortgage, and online contract status). The evidence should be organized around "valid contract - payment made - urging online contract - the other party's delay or resale". If the house is found to have been mortgaged or resold to others, the buyer should also collect clues about the listing and transfer of ownership in order to apply for property preservation and maximize the protection of their own rights and interests.

Q3: How much do lawyers' fees and litigation costs amount to when seeking legal protection for real estate transactions that have not gone through online signing?

The litigation fees are calculated in accordance with the "Measures for the Payment of Litigation Fees", based on the amount of the litigation request and accumulated in stages. The higher the amount of the property case, the lower the fee rate, which shall be borne by the losing party. If the claim is for the return of the housing payment, the amount of the return shall be used as the basis for calculation. The attorney's fees shall be determined according to the complexity of the case, the amount of the subject matter, and the workload, and shall be charged on a per-case, hourly, or percentage basis of the subject matter. The specific charges shall be subject to the contract of entrustment, and there is no uniform standard. It is recommended to calculate the value of the house and the amount that can be claimed before protecting one's rights, and compare the cost-benefit with the fees. If pre-registration and preservation are involved, additional registration fees and preservation fees shall be paid, and the claimant may request the other party to bear them in the lawsuit.

Q4: How long does it usually take to obtain an official seal for supplementary signature or to file a lawsuit to protect one's rights?

If it's just a matter of supplementing the official signature, it can usually be completed within a few days to a few weeks with the developer's cooperation; if it's necessary to sue to confirm the validity of the contract or claim breach of contract, the first-instance ordinary procedure will be concluded within six months and the summary procedure within three months. For cases with clear facts, the summary procedure is often applied. If the seller appeals, the second-instance procedure will generally take three months. After the judgment or mediation, the online signing and transfer of ownership will be handled. If the other party does not cooperate, it will be necessary to enforce the judgment by force, and the timeframe will depend on the cooperation of the real estate registration department and the other party. Overall, it's faster to supplement the formalities through negotiation, while the litigation process often takes several months to more than half a year, and it will take even longer if there are measures of preservation of evidence and appeals.

Q5: I've only signed the contract but haven't gone through the online signing process yet. What should I do first?

There are four steps recommended: First, immediately urge the seller or developer to handle the online signing within the agreed timeframe, and keep written reminders and communication records. Second, prepare the pre-registration materials as soon as possible, apply for pre-registration when eligible, and lock the property to prevent it from being sold or mortgaged to others. Third, verify the payments made through bank transfers, check the property's foreclosure and mortgage status, and immediately apply for property preservation if any abnormalities are found. Fourth, if the seller explicitly refuses or has already sold the property to someone else, file a lawsuit within the statute of limitations to request continued performance of the contract, handle the online signing and transfer of ownership, or terminate the contract and seek compensation. Throughout the process, keep the contract and payment receipts, and, if necessary, hire a lawyer to send legal letters and initiate litigation.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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·Attorney Tian Jiayan·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. In the event of a dispute, please consult a practicing lawyer in time.