[Direct answer]In the Beijing area, when the seller of a second-hand house moves out at the time of delivery, the buyer can claim that the seller has breached the contract based on the sales contract and the list of furniture and appliances, and demand the return of the items, compensation, or a deduction from the purchase price. If no agreement can be reached through negotiation, the buyer can file a lawsuit. Whether the claim will be supported depends on whether the contract or supplementary agreement clearly lists the items to be retained and how the delivery status is stipulated. According to the rules on the quality of the subject matter and breach of contract liability in the Civil Code, the seller who fails to deliver the ancillary facilities as agreed shall bear the responsibility of continuing to perform the contract or compensating for the losses. It is recommended to check the inventory list and take video evidence before taking possession of the house, raise written objections to any shortages promptly, and, if necessary, hire a lawyer to protect one's rights. For more details, please refer to the following link:Legal services for real estate transactions and construction projects.

I. Problem Background and Typical Scenarios

During the handover of second-hand houses, in addition to delays in handover, it is also common for the original owners to remove the agreed-upon appliances and furniture or illegally modify the ancillary facilities. Typical scenarios include: the contract or supplementary agreement includes a list of furniture and appliances, but the items are missing during the handover; verbal promises of "furnished" are not included in the contract; the seller takes the opportunity to remove movable equipment; and refuses to return the items on the grounds that "they have been discounted". Many buyers only realize this when they receive the house, and it is difficult to hold the seller accountable due to the lack of a written agreement. The handover standards and ancillary facilities also constitute the seller's contractual obligations, which need to be fixed with a written list and evidence of the current situation. For cases involving the recovery of funds, it can be combined with other legal means.Creditor-debtor relations and enforcement case servicesCoordinate and plan everything in an organized and efficient way to ensure that all tasks are completed on time and according to plan.

II. Key points of dispute

There are three main points of dispute. First, whether the agreement is valid: whether the list of furniture and appliances, the supplementary agreement, or the communication records can prove that the seller promised to retain them, and it's difficult to provide evidence for oral agreements. Second, the determination of value: whether the missing items should be compensated according to the purchase price, depreciation, or market price, which is prone to disputes. Third, the remedies: the buyer can choose to request a refund, compensation for the price difference, or deduct the amount from the unpaid balance. It is recommended to check the list item by item and take videos before receiving the house, and raise written objections immediately if any items are missing, so as to fix the disputes at a point favorable to oneself.

III. Professional analysis by Hengluo Lawyers

Combined with the examples handled by our firm, this article explains the approach to handling disputes during the handover of properties. Attorney Tian Jiaoyan once represented a buyer, Zhang Quan, in a dispute over the breach of contract penalty for delayed delivery of a pre-sale commercial housing contract. On April 30, 2021, Zhang Quan signed a "Commercial Housing Pre-sale Contract" with the developer to purchase Unit 302 in a certain residential complex at a total price of 6,841,972 yuan, with a delivery date agreed upon before June 15, 2023. The supplementary agreement granted a 90-day grace period, after which the developer would be liable for a breach of contract penalty of 0.1% of the total price per day. However, the developer failed to deliver the property until March 5, 2024, nearly nine months after the due date. Zhang Quan sued the developer to pay the breach of contract penalty of 118,366.12 yuan for the period from September 14, 2023 to March 5, 2024, as well as the litigation fees. Both parties argued: The developer invoked force majeure such as the pandemic and claimed that the grace period could be cumulative and that quality defects would not affect delivery; the buyer insisted on demanding the breach of contract penalty according to the contract. The court held that the contract was signed before the pandemic became a normal situation, so the pandemic did not constitute force majeure; the grace period should be strictly applied; and the daily 0.1% breach of contract penalty was legal and valid. The court ruled that the developer should pay the breach of contract penalty of 118,366.12 yuan and the litigation fees. This case was handled by Beijing Henglu Law Firm.Tian JiayanThe attorney (practice license number: 11101202111381309, subject to the certificate issued by the judicial administrative organ) acts as the agent. It can be seen that the disputes over the house handover (including the ancillary facilities and the delayed delivery) mainly focus on the performance of contractual obligations and the provision of evidence.

IV. Practical suggestions and legal basis

The legal basis is Article 509 (Full Performance), Article 577 (Liability for Breach of Contract), and Article 605 (Requirements for the Quality of the Subject Matter) of the Civil Code of the People's Republic of China (effective January 1, 2021); as well as the provisions on the seller's delivery obligations in the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Disputes over Commercial Housing Sales Contracts (amended on December 23, 2020). Practical suggestions: When signing the contract, include the list of furniture and appliances as an annex to the contract and take photos for record; upon receiving the house, check and videotape each item and sign the handover document; immediately send a written objection and keep the record if any items are missing; if no agreement can be reached through negotiation, file a lawsuit in accordance with the contract to claim compensation or deductions. When interpreting the contract, relevant provisions can be referred to for reference.Legal services for real estate transactions and construction projectsEvaluation.

5. Hengluo Law Firm's Advice

When household appliances are removed, don't just swallow your anger or illegally detain the seller's property, which may constitute infringement. The first step is to check the contract and inventory to confirm any shortages. The second step is to record the receipt of the house and file a written objection to fix the evidence. The third step is to calculate the value of the items and claim compensation or deduct it from the final payment. If no agreement is reached through negotiation, promptly file a lawsuit. Note that oral promises are difficult to prove, so it's essential to put them in writing. The penalty for breach of contract and compensation should be limited to actual losses, and excessive amounts may be adjusted. If litigation is necessary, you can seek help from specialized services and other case services to develop a plan.

VI. Frequently Asked Questions

Q1: If the appliances were taken away by the previous owner, can I definitely get them back?

Whether or not support can be obtained depends on whether the contract specifies the items to be retained. If the sales contract or supplementary agreement includes a list of furniture and appliances, and the seller promises to retain them, the original owner's removal of these items constitutes a breach of contract, and the buyer can claim restitution or compensation. The court usually supports such claims. However, if there is only an oral agreement without evidence, it will be difficult to provide proof and the support will be low. Therefore, it is crucial to include the list in the contract and take photos when signing the contract. It is recommended to check each item upon receiving the house, record the situation on video, and raise objections in writing immediately if any items are missing. For more details, please refer to the following document:Legal services for real estate transactions and construction projects.

Q2: If my home appliances have been moved away, what evidence do I need to prepare?

The core evidence includes: the sales contract or supplementary agreement with a list of furniture and appliances, screenshots and audio recordings of the seller's promises preserved during the property viewing and communication process, photos and videos of the property's current condition upon receipt, handover documents or inspection reports, proof of purchase and depreciation value certificates, as well as written objection letters and delivery records. The evidence is organized around the sequence of "promises preserved—actual shortages—value losses". The more complete the materials are, the easier it will be to claim compensation or deduct the final payment in the negotiation or litigation process.

Q3: How much does it cost to hire a lawyer to deal with the removal of home appliances?

If the case is sued based on property, the litigation fees shall be accumulated in accordance with the amount of the compensation requested and the provisions of the "Measures for the Payment of Litigation Fees", and shall be borne by the losing party; the attorney's fees shall be charged on a per-case basis or on a proportional basis, depending on the complexity of the case and the amount of the subject matter, without a unified pricing standard. The fees shall be subject to the provisions of the entrustment contract. It is recommended to require the law firm to provide a detailed fee breakdown before entrusting the case, specifying the travel and execution fees. After weighing the compensation amount and the cost of protecting rights, the case can be initiated. It may be helpful to seek assistance from a legal aid organization.Special services and other case servicesEvaluate the plan.

Q4: How long does it usually take to sue someone for moving away your home appliances?

The first-instance ordinary procedure shall be concluded within six months, and the summary procedure within three months. For cases involving clear facts and small compensation amounts, the summary procedure is generally applicable; if there is an appeal, the second-instance procedure typically takes three months. If the judgment needs to be enforced, the timeframe will depend on the cooperation of the other party and the status of their assets. Overall, it often takes several months to half a year from filing a lawsuit to receiving compensation. It is recommended to apply for property preservation to freeze the other party's accounts during the litigation process, which can increase the chances of mediation and recovering the money and avoid difficulties in enforcement due to delays.

Q5: The appliances have been removed by the previous owner. What should I do specifically?

It is recommended to follow four steps: First, when signing the contract, include a list of furniture and appliances in the contract appendix and take photos for reference, clearly defining the scope of retention; Second, on the day of receiving the house, check each item one by one, record the whole process on video, and sign the handover document; Third, if any items are missing, immediately send a written objection, calculate the value of the items, and claim compensation or deduct the balance payment; Fourth, if no agreement is reached through negotiation, file a lawsuit within the statute of limitations. Throughout the process, keep evidence of communication and handover to avoid verbal disputes without proof. If professional support is needed, legal services related to real estate sales and construction projects can be sought for assistance.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

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·Attorney Tian Jiayan·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.