Frequently Asked Questions

27 2026-10

The owner of the house has divorced. How should the house be transferred to the new owner?

When a homeowner gets divorced, the transfer of the house is handled according to the divorce agreement or the court's judgment. It is necessary to clarify the ownership of the property and the mortgage first. If one party refuses to cooperate, the other party can apply for forced execution of the transfer based on the effective legal documents.

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27 2026-10

Can I buy a second-hand house whose owner is a company?

Second-hand houses under the company's name can be purchased, but it is necessary to confirm the company's continued existence and authorization resolutions, and to calculate taxes such as land value-added tax in advance. It is recommended to check the mortgage, seizure, and operating status before signing the contract.

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27 2026-10

How to buy a second-hand house that was inherited but hasn't been divided among the family members yet?

When the inherited house has not been divided and distributed among the co-owners, it is in a state of joint ownership. Before purchasing it, it is necessary to confirm that all co-owners agree to the purchase and that the property rights are clear. It is recommended to clarify the ownership shares, sign a tripartite agreement, and handle pre-registration procedures.

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27 2026-10

What should I do if the homeowner dies during the transaction of a second-hand house?

The contract for the second-hand house transaction will not automatically become invalid if the owner of the house dies. The heirs should assume the obligations within the scope of the estate. The buyer may request to continue to perform the contract or terminate the contract and seek compensation within the statute of limitations. It is recommended to first verify the identities of all the heirs.

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27 2026-10

Can the funds under financial supervision be unblocked in advance?

Generally, supervised funds cannot be unblocked unilaterally in advance. They can only be released with the consent of both parties or under statutory circumstances (such as contract termination or court judgment). Unilateral withdrawal of funds is generally not allowed.

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27 2026-10

Is it safe to pay the down payment for a second-hand house to a real estate agent?

The down payment paid directly to the agent carries high personal risks, so it is recommended to use the bank's fund supervision account. According to the Civil Code, the agent is required to report the information truthfully. If the agent embezzles the funds, the victim can report the case to the police and seek compensation.

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27 2026-10

Who should pay the outstanding property management fees before the handover of a second-hand house?

The property fees before the handover are generally borne by the original owner, and the new owner will bear them after the handover. The actual delivery is the dividing line. It is recommended to specify the settlement node in the contract and include it in the handover document.

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27 2026-10

How to protect one's rights when a real estate agent pockets the price difference in a second-hand housing transaction?

The intermediary pocketing the difference in price constitutes intentional concealment of important facts, and according to Article 962 of the Civil Code, they must refund the compensation and pay compensation; the parties can negotiate, file a complaint with the housing and urban-rural development department or the market supervision department, or sue to recover the difference in price.

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27 2026-10

Is the contract with the landlord's forged authorization signature valid?

The intermediary forging the landlord's authorization to sign the contract constitutes unauthorized agency, and according to Article 171 of the Civil Code, it shall not be effective against the landlord without subsequent recognition; if the intermediary acted in good faith and without negligence, it may constitute apparent agency. It is recommended to verify the authorization and fix the evidence...

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27 2026-10

Can I get a refund if the agent charges a fee but fails to provide the service?

If the agent fails to facilitate the conclusion of the contract, he/she shall not request compensation, but may demand the return of the fees already received. If the agent intentionally conceals or provides false information causing losses, the client may also claim compensation in accordance with Articles 962 and 964 of the Civil Code.

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27 2026-10

What is the legal effect of a second-hand house sales intermediary contract?

The intermediary contract for the sale and purchase of second-hand houses is legally valid once it is established; the intermediary has the obligation to report the information truthfully, and shall be paid a fee if the contract is successfully concluded. If the contract is not successfully concluded, the fee will not be refunded, but necessary expenses may be claimed. Even if the buyer and seller...

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26 2026-10

What should I do if the standard contract for the handover of a second-hand house doesn't specify the handover requirements clearly?

If the standard contract for the handover of second-hand houses does not specify the handover standards, the seller shall still deliver the house in accordance with the statutory and agreed standards; the buyer may refuse to accept the house that does not meet the standards and raise objections in writing, and if necessary, entrust a lawyer to protect their rights.

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26 2026-10

What should I do if the appliances were removed when I received the second-hand house?

If the home appliances in a second-hand house are removed after the handover, the buyer can claim breach of contract compensation or deduct the purchase price based on the contract and the inventory list. It is recommended to check the inventory list and record it on video before accepting the house, and raise objections in writing in a timely manner if anything is missing to protect one's rights.

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26 2026-10

What should I do if the previous owner of the second-hand house is delaying the handover of the house?

If the original owner of the second-hand house refuses to hand over the house, the buyer can claim continued delivery and pay the overdue breach of contract penalty according to the contract; if no agreement can be reached through negotiation, the buyer can file a lawsuit. The key points are the provisions on the delivery of the house and the breach of contract in the contract, as well as the writ...

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26 2026-10

What should I do if I can't vacate the foreclosed property?

If the foreclosed property cannot be vacated, the buyer can apply to the court for forced eviction based on the transaction ruling; the original occupants who refuse to move out will be held legally responsible. If there are false leases, it is recommended to verify the occupancy and the delivery terms announced before taking possession of the property to raise objections to the execution.

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