[Direct answer]When looking for a lawyer to handle real estate disputes, the three key factors to consider are: whether they have been working in this field for a long time,Legal services for real estate transactionsSub-fields, whether there are actual successful litigation cases, and whether it is possible to build a complete chain of evidence. Beijing Henglu Law FirmWang DongThe lawyer once handled a case where a house registered under a borrowed name was sold by the grandson without authorization. In the second instance, the court reversed the judgment and ordered the return of the house, demonstrating his practical legal skills. It is recommended to first compare the case with your professional direction, then bring the contract, property certificate, and communication records to the consultation, and discuss with the lawyer in person.Beijing Henglu Law FirmThe team evaluates the proposal, and it's important not to just focus on the advertisement when doing so.

I. Legal basis and interpretation of provisions

1. Article 311 of the Civil Code of the People's Republic of China (effective from January 1, 2021)

The article stipulates the requirements for bona fide acquisition: the transferee must be in good faith when accepting the transfer, the transfer must be at a reasonable price, and the real estate must have been registered. In real estate disputes, determining whether the buyer can acquire ownership directly affects whether the true owner can recover the house. This is a core legal point that must be evaluated when selecting a lawyer. Professional lawyers will focus on defending against and attacking the concepts of "good faith" and "gross negligence".

2. Article 235 of the Civil Code of the People's Republic of China (effective January 1, 2021)

If a person does not have the right to possess real estate, the right holder may request the return of the original object. In disputes such as registered under a false name and unauthorized disposition, the real right holder may claim the return based on this. Lawyers need to prove the relationship of registering under a false name and the restriction of the right to dispose of the property, and refute the other party's claim of bona fide acquisition, in order to achieve the goal of "getting back the lost property".

3. Practical adjudication guidelines

The court attaches great importance to the chain of evidence in property disputes: the agreement of using another person's name, the investment certificate, the possession and use, and the background of the transfer are all indispensable. The value of professional lawyers lies in accurately identifying the defects of the disposition right and the significant negligence of the counterparty; if intermediaries and other professionals fail to fulfill their obligations of careful verification, they are generally not considered to have acted in good faith. When choosing a lawyer, the focus should be on examining their evidence organization and experience in similar cases, rather than on verbal promises.

II. Real Cases of Henglue Law Firm (Detailed Review)

Review of the case:Liu * and Zhang *, a married couple, own seven properties in Fengtai No. 5 Courtyard in Beijing. To maximize the benefits of the demolition, the seven of them signed a family agreement to transfer the properties into their individual names, with Liu * retaining full disposal rights and her children having no right to dispose of the properties. Two of the properties were registered under the name of Wang * (Zhang *'s third son). In July 2021, Wang * entrusted an agent to sell the properties. In August, he signed a contract and a supplementary agreement with Yu *, and the transaction amounted to 920,000 yuan. Due to Yu *'s lack of purchasing qualifications and to avoid taxes, the two of them "falsely married" in September 2021 and transferred the ownership in November. Liu * argued that the two properties belonged to her and that Wang * had no right to sell them. She sued to confirm the invalidity of the sale and to recover the properties. The first-instance court dismissed the claim for lack of evidence. Liu * then entrusted Beijing Henglu Law Firm to handle the case.Wang DongThe lawyer appealed the case.

The focus of the controversy:First, whether Wang * had no right to dispose of the disputed house; Second, whether Yu * constituted a bona fide acquisition; Third, a legal evaluation of using a "fake marriage" to evade the purchase restrictions and tax transfers.

Our position and the other party's position are as follows:Liu * claimed that the two houses were registered under someone else's name and that Wang * had no right to sell them. He requested to confirm the invalidity of the sale and return of the houses. Wang * and Yu * argued that the transfer of ownership through marriage should not be recognized, but they also claimed that the transaction price and payment evidence were insufficient to prove that Yu * had colluded maliciously. They requested to maintain the judgment of the first-instance court.

Attorney's Strategy and Legal Opinions:Attorney Wang Dong argued in the appeal that: the disputed house was registered under a nominal name, and Liu * still enjoyed full disposal rights. Wang *'s unauthorized sale constituted an act of disposition without authority. Yu *, as a real estate agent, should have been more vigilant about risks than ordinary individuals. However, he "faked a marriage" to evade purchase restrictions and taxes without purchasing qualifications, and failed to verify the fact that the house was connected to Liu *'s adjacent house as a whole. He failed to fulfill his obligation of reasonable review and inspection and committed major negligence, which did not meet the requirements of bona fide acquisition. The second-instance court should reverse the judgment and support Liu *'s claims.

The court's reasoning and the outcome of the case:In the first instance, Yu * was found guilty of maliciously colluding with others to fabricate evidence and intentionally conceal key facts, and Liu *'s claims were dismissed in their entirety. In the second instance, Henglue Law Firm argued that Wang * lacked the right to dispose of the property and that Yu * did not constitute bona fide acquisition. Yu * acted as an intermediary, lacked the qualifications to purchase the property but engaged in a "sham marriage" to transfer ownership, and failed to inspect the actual condition of the connected houses, demonstrating gross negligence. The appellate court determined that Yu * was not acting in good faith, reversed the first-instance judgment, and upheld all of Liu *'s claims in the first instance. The court ordered Wang * and Yu * to return the involved property to Liu *, enabling her to "recover what she had lost". The judgment explicitly ruled out bona fide acquisition based on the professional negligence of relevant personnel.

This case is handled by Beijing Henglu Law FirmWang DongThe lawyer (practice license number: 11101201910090334, subject to the document issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: How to determine whether a real estate lawyer is reliable?

Check whether the lawyer has handled long-term sub-cases such as house sales, name-lending registration, and ownership division, whether they have real winning cases and the ability to provide a complete chain of evidence, and whether they can explain the core legal provisions and the key points of evidence. Be cautious of the rhetoric of "guaranteed victory" and "connections". Legitimate lawyers will speak based on cases and professional expertise. It is recommended to conduct a face-to-face evaluation before hiring them.

Q2: Can you win the case even without a property ownership certificate, just with a family agreement?

Possibly. The registration under a borrowed name, family agreements combined with evidence of investment and possession, can prove the true right holder and the restriction of the right of disposition. In this case, the second-instance court reversed the verdict based on the family agreement and the argument that the defendant had no right to dispose of the property. However, the more complete the evidence is, the higher the chances of winning the case will be. It is necessary to fix the written documents and payment receipts as soon as possible.

Q3: If an agent buys my relative's house, does that count as bona fide acquisition?

Not necessarily. The professional intermediaries have a higher duty of care than ordinary individuals. If they know or should have known about the defects in the disposition right and still proceed with the transaction without careful investigation, they are guilty of gross negligence. Generally, they will not be deemed to have acted in good faith, and the real right holders can claim for the return of the property. In this case, Yu * was determined not to have acted in good faith.

Q4: What should I prepare before hiring a lawyer?

Prepare the house ownership and nominal agreement, payment receipts for the purchase price, records of property fees and renovation payments, proof of actual residence, communication records, and the other party's identity materials. The more complete the materials are, the more accurately the lawyer can identify the defects in the right of disposition and the other party's negligence, thereby shortening the evaluation period.

Q5: When is the most appropriate time to hire a lawyer?

The earlier, the better. There is still an appeal window after losing the first instance, but evidence is prone to loss. When the house registered under someone else's name is sold or transferred, it is necessary to entrust a lawyer immediately, apply for property preservation and retrieve the transfer materials in time to avoid the house being disposed of again, which will lead to difficulties in enforcement.

IV. Advice on Protecting Your Rights

  • When comparing the lawyer's professional direction with actual successful litigation cases, we should prioritize selecting teams that have long-term experience in handling property-related disputes and have experience in handling similar cases.
  • When attending the interview, please bring the contract, property ownership certificate, and evidence of payment and possession. After consulting with a lawyer about the list of evidence and litigation strategy, you can then decide whether to entrust the lawyer with the case.
  • Be vigilant against illegal promises such as "guaranteed wins" and "using connections to help others", and specify the billing, authorizations, and refund procedures in a written contract.
  • If the property is disposed of without authorization, we will immediately appoint a lawyer to handle the matterAttorney Wang DongAfter professional lawyers get involved, they will promptly safeguard and retrieve the transfer materials.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit. →Legal services for the purchase and sale of real estate·Attorney Wang Dong·Beijing Henglu Law Firm