Frequently Asked Questions

23 2026-10

Can I ask the other party to compensate for the rehabilitation expenses?

The lawyer explained that rehabilitation expenses fall within the scope of statutory compensation and can be claimed in accordance with the Civil Code and the Judicial Interpretation on Compensation for Personal Injury. However, the necessity of such expenses must be proven by medical prescriptions or rehabilitation plans. The lawyer also advised clients to keep all receipts and appraisal reports ...

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23 2026-10

How should I claim the subsequent treatment expenses?

The lawyer explained that the subsequent treatment fees can be claimed together with or separately from the judicial interpretation of personal injury compensation according to the Civil Code, and must be based on medical certificates or appraisal certificates to prove that they will inevitably occur. He also suggested applying for an appraisal during the litigation process.

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23 2026-10

Should I seek an appraisal first or file a lawsuit first in the event of a medical dispute?

The lawyer explained that there is no requirement for medical disputes to undergo appraisal before filing a lawsuit. Instead, medical damage appraisal can be applied for during the litigation process. He also advised clients to seal the medical records as soon as possible, pay attention to the three-year statute of limitations, and be aware of the circumstances involving presumption of fault.

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23 2026-10

How can I claim reimbursement for nutritional expenses?

The lawyer explained that the nutrition fee is a statutory compensation item. According to Article 1179 of the Civil Code and Article 11 of the Judicial Interpretation on Compensation for Personal Injury, it should be determined based on the disability situation and the doctor's advice, and it is necessary to obtain a formal opinion on strengthening nutrition.

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23 2026-10

How much is the nursing fee per day, approximately?

The lawyer explained that the nursing fee is determined according to the caregiver's income or the local standard for nursing care services. There is no unified national price for it. Generally, it ranges from 150 to 300 yuan per day, and the standard and invoices shall be subject to the local standard of the court where the case is filed.

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23 2026-10

What should I do if the house is sold without authorization during the period of purchasing the property under someone else's name?

The lawyer explained that when a celebrity sells a house without authorization, the borrower may recover the house or claim compensation from the celebrity depending on whether the buyer acted in good faith and whether the transfer of ownership has been completed. Article 311 of the Civil Code can be used as evidence for this. It is recommended to take preemptive protective measures as soon as pos...

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23 2026-10

How to transfer the ownership of inherited property with a mortgage?

The lawyer explained that even if there is a mortgage on the inherited house, it can still be transferred, but the mortgage obligation will not be extinguished. According to Articles 394 and 406 of the Civil Code, the mortgage can be removed or a transfer with a mortgage can be carried out. It is suggested to clarify the debt and inheritance agreements to avoid disputes.

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23 2026-10

In a second-hand housing transaction, if the buyer breaches the contract, how can the seller quickly mitigate the losses?

The lawyer explained that when the buyer breaches the contract, the seller can claim damages by issuing a notice, continuing to perform the contract, or terminating the contract. Articles 577 and 563 of the Civil Code are the basis for this. It is suggested that the penalty for breach of contract should not be set too high to avoid being reduced.

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23 2026-10

Can the buyer withdraw from the purchase of a second-hand house if the seller conceals quality issues with the property?

The lawyer explained that when the seller conceals major quality defects, the buyer has the right to rescind the contract, return the house, or request compensation for price reduction, based on Articles 601 and 603 of the Civil Code. The lawyer also reminded the buyer to conduct a house inspection and preserve the relevant evidence.

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23 2026-10

What evidence should be prepared for litigation over disputes in the sale and purchase of second-hand houses?

The lawyer explained that in litigation over disputes in the sale of second-hand houses, it is necessary to prepare contracts, payment records, communication records, and evidence of losses. Systematically organizing these materials can increase the chances of winning the lawsuit.

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23 2026-10

How is the ownership of a house purchased jointly by a family determined?

The lawyer explained that the ownership of the house purchased jointly by the family should be determined based on the contributions made, the registration, and the agreements reached. For the purchase of a house under someone else's name, a written agreement and a chain of evidence are necessary.

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23 2026-10

How to avoid disputes in second-hand housing transactions?

The lawyer advises that to avoid disputes in second-hand housing transactions, it is necessary to sign contracts with caution, check property records to confirm ownership, implement fund supervision, and clearly stipulate breach of contract clauses, so as to reduce disputes at the source.

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23 2026-10

Can Henglue Lawyers represent sellers of second-hand houses in breach of contract cases?

The lawyer explained that Henglue Law Firm can represent second-hand house sellers in breach of contract cases, covering price increases, refusal to transfer ownership, and failure to transfer household registration, and provided advice on contractual and evidentiary key points.

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23 2026-10

What is the compensation standard for delayed delivery of housing?

The lawyer explained that the compensation for the delayed delivery of the house is based on the contractual agreement, with the common penalty being 0.1% to 0.5% of the paid housing price per day, and reminded that the pandemic is a force majeure and an extension period can be applied in such cases.

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23 2026-10

How to handle the deposit disputes in second-hand housing transactions?

The lawyer explained that in the case of a down payment dispute for a second-hand house, the nature of the down payment and the party in breach of contract need to be considered. If the seller breaches the contract, the buyer can request a double refund. If the breach of contract is not attributable to the seller, the down payment should be refunded. The lawyer also reminded the parties to provide...

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