[Direct answer]It can be sold. The right of residence does not prohibit the transfer of the house. The owner of the house with the right of residence can still sell, donate or inherit it. The buyer buys a house with a residential burden—the right of residence holder continues to occupy and use the house according to law within the registration period, and the buyer cannot evict them. Impact on the transaction side: The market recognition and price of houses with right of residence have significantly dropped. Before buying, the buyer must check the registration book to confirm the term and content of the right of residence. Only after the right of residence is eliminated can the house be sold at a fair price: through negotiated waiver and cancellation, when the term expires, or when the right of residence holder dies.

1. Problem background and typical scenarios

When the elderly transfer the house to their children, they reserve a lifetime right of residence for themselves. The children are in urgent need of money and want to sell the house. The buyer, who thinks it's a bargain because the price is lower than the market price, only finds out before signing the contract that there is a 30-year right of residence registered in the land registry. After the implementation of the right of residence system, there are more and more such "burdened transactions". Both parties need to re-understand what it means to have a clean property right.

II. Key points of contention

First, freedom of trade and the ability to bear burdens: the rule that the right of residence does not cease to exist due to transfer. Second, the obligation to disclose information: the seller's responsibility to not inform about the right of residence. Third, the relationship between price and the right of residence: the calculation of the discount range and term. Fourth, the path of the right of residence's extinction: abandonment, expiration, death, and cancellation of registration.

III. Professional analysis by Henglue Law Firm

Based on Henglu Lawyer's experience in handling real estate transactions and property rights disputes, the transaction of houses with residential rights should be grasped from four aspects: First, the basic principle of the rule—residential rights are usufructuary rights. Once registered in the property registry, they are enforceable against all parties. Transferring or mortgaging the house will not automatically extinguish them. The buyer can only actually move in after the residential rights expire or the resident dies. Second, the seller's obligations—when signing the contract, the seller must disclose in writing the establishment time, duration, and whether the residential rights are free of charge or subject to occupancy. If the seller conceals this information and causes the buyer to fail to achieve the contractual purpose, the buyer may claim fraudulent rescission or breach of contract and seek compensation. Third, pricing logic—the longer the remaining term of the residential rights and the younger the resident, the greater the burden and the higher the price discount. Houses with lifelong residential rights approach the logic of buying out the right to use. A common approach is to discount the price based on the capitalized rental value. Buyers should not evaluate the house solely based on its bare price. Fourth, clearing obstacles—before selling, the seller can negotiate with the resident to waive the rights and handle the cancellation registration, and may offer compensation. Alternatively, the seller can include the cancellation in the transaction conditions and use part of the purchase price as consideration to secure the resident's cooperation. If the residential rights are maliciously established to obstruct enforcement (e.g., granting rights to relatives or friends to evade debts), interested parties can claim rescission. For buyers, it is a must to retrieve the real estate registration booklet before signing the contract. For sellers, proactive disclosure and accurate pricing are essential to avoid transaction breakdowns later on.

IV. Practical suggestions and legal basis

The first step is for both parties to jointly retrieve the real estate registration booklet before the transaction to confirm the duration of the right of residence, its non-profit nature, and the current occupancy status. The second step is for the seller to disclose the right of residence information in writing and incorporate it into the contract, clearly specifying the delivery time and the obligation to vacate the property. The third step is to calculate the discounted price based on the remaining term and market rent for transactions involving rights, and to specify the corresponding price terms in the contract. The fourth step is to first handle the renunciation and cancellation of registration for properties requiring clearance, and then proceed with the online signing and transfer process. The main legal basis: Articles 366 to 370 of the Civil Code of the People's Republic of China (effective as of January 1, 2021) regarding the establishment, effectiveness, and termination of the right of residence, and Article 577 regarding breach of contract liability. Specific applications shall be subject to the currently effective provisions.

5. Henglue Law Firm's Reminder

Three key points about selling a house with a right of residence: It can be sold, but the buyer will acquire a house with encumbrances, and the price will be calculated based on the remaining residential benefits; concealing the right of residence constitutes fraud, and the obligation to disclose it should be included in the contract; if you want to sell the house at a clean price, you must first cancel the right of residence. Compensation and registration are a common practice. For transactions involving houses with a right of residence, you can refer to the following methods:Property sales and construction projectsYou can consult us for a comprehensive solution to your service needs, including arrangements for establishing residency rights.Marriage, family, and disputesFor teams involved in the issue of residential rights in the context of inheritance, they may wish to refer to the following materials for reference.\nInheritance of property and division of family assetsFor columns involving litigation over transaction disputes, relevant information can be combined together.Contract disputes板块。

VI. Frequently Asked Questions

Q1: If I buy a house with a residential right, how long will it take to move in?

The actual move-in can only take place after the expiration of the residence right or the death of the residence right holder; before purchasing, the vacancy cost shall be calculated according to the term recorded in the registration book, and the discount and the move-in schedule shall be written into the contract.

Q2: The seller didn't tell me about the right of residence. What should I do?

Hiding important facts constitutes fraud or a fundamental breach of contract, and the seller may sue to rescind the contract, demand the return of the purchase price, and claim damages; the obligation to disclose major matters is not exempted just because the buyer failed to check the registration book himself.

Q3: If the right of residence holder agrees, can the transaction proceed with a normal transfer of ownership?

The house can be transferred, but the right of residence will not be extinguished as a result; to make the house free of any encumbrance, the right of residence holder needs to issue a waiver statement and go through the cancellation registration. Just giving verbal consent is not enough.

Q4: How should a house with lifetime residency rights be priced?

Referring to the discounted market rent within the remaining years, combined with the age of the right of residence holder and the comprehensive discount of the house location; in practice, the discount range varies greatly. It is recommended to entrust an appraisal and use it as a basis for negotiation.

Q5: If I grant a right of residence to a relative to avoid debts, can I revoke it?

Yes. If the debtor disposes of property rights in an obviously unreasonable manner, which affects the creditor's ability to exercise his rights, the creditor may request the court to revoke the act of establishing the right of residence; if the case has entered the enforcement stage, the court shall deal with it together through the enforcement objection procedure.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication guidelines 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·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.