Frequently Asked Questions

28 2026-9

Can the person who paid the down payment transfer the house registered under someone else's name back to their own name?

If the down payment is made but registered under someone else's name, the property can be transferred back and the borrowed name agreement and the evidence of the investment can be presented; according to Article 234 of the Civil Code, the ownership shall be confirmed; Article 146 stipulates that the false declaration is invalid; and Article 157 stipulates that the money shall be returned.

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28 2026-9

After the developer goes bankrupt, do the owners still have to pay the mortgage?

The developer's bankruptcy does not directly exempt them from repaying loans; however, when the project is left unfinished, the buyer and the lender's contracts can be terminated according to Article 23 of the judicial interpretation, and the remaining loans shall be repaid by the developer. The owners should declare their creditor's rights.

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28 2026-9

What should I do if I find quality issues when receiving the house?

If the main structure of the house is unqualified or seriously affects living conditions, you can refuse to accept it and request a refund. For general defects, you can request rectification within the warranty period. The key is to inspect the house before accepting it and keep all the relevant evidence throughout the process.

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28 2026-9

What are the special provisions for the inheritance and transfer of housing reformed by the government?

For housing reformed by the government, the inheritance process involves first dividing the property and then inheriting it. Pay attention to the restrictions on listing and the land transfer fees. For properties purchased under someone else's name, the first step is to confirm ownership and exclude them from the estate. Then, the transfer should be completed with a written agreement and proof of ...

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28 2026-9

How is the attorney's fee for real estate disputes calculated?

Real estate lawyers' fees are charged on a per-case basis, as a percentage of the transaction value, or on an hourly basis; risk-based fees are prohibited in marriage and inheritance cases, and the maximum fee is 30%. The fees shall be subject to the written contract.

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28 2026-9

What should I do if the seller refuses to sell the second-hand house after I've paid the deposit?

After receiving the deposit, if the seller fails to deliver the goods, it constitutes a breach of contract. According to Article 587 of the Civil Code, the seller may return the deposit in double and impose a penalty; or the buyer may rescind the contract and claim compensation, the key point being to fix the evidence and file a lawsuit in time.

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28 2026-9

When purchasing a property under someone else's name, how does the court rule on the case involving purchase restrictions?

The agreement to evade purchase restrictions by using someone else's name is generally effective within the contractual parties, but it is difficult to enforce the transfer of ownership. If it involves public housing and other public interests, it can be deemed invalid and handled in accordance with Articles 146 and 209 of the Civil Code.

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28 2026-9

How is Henglue Law Firm handling second-hand housing disputes?

Henglue handles second-hand housing disputes involving breach of contract, double sale of the same property, household registration issues, and property defects. It seeks to enforce contractual performance or claim compensation in accordance with Articles 577 and 587 of the Civil Code.

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28 2026-9

Can an employee be dismissed if they take on a second part-time job at another company?

Full-time employees who engage in part-time work that seriously affects their main job duties, or who refuse to correct their behavior after being advised, may be dismissed by the employer in accordance with Article 39 of the Labor Contract Law; otherwise, the dismissal would be considered illegal and the employer would be required to pay compensation.

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28 2026-9

Do part-time hourly workers have to sign labor contracts?

Part-time workers can sign oral agreements (Article 69), which are not mandatory in writing; however, if they work overtime or are deemed to be full-time workers, they must sign a written contract and be paid double the normal wage if no written contract is signed.

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28 2026-9

Can an employer terminate a labor contract with an employee who has been detained by an administrative detention unit?

The administrative detention does not automatically exempt from criminal responsibility; the unit must have a sound system and follow legal procedures. Otherwise, it shall pay compensation (2N) in accordance with Articles 48 and 87 of the Labor Contract Law.

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28 2026-9

What materials and procedures are required for the identification of occupational diseases?

Occupational diseases must be diagnosed by a diagnostic institution, and the applicant must submit their occupational history, exposure history, physical examination and test data. If they disagree with the diagnosis, they can apply for a two-level appraisal. Then, they can apply for work-related injury identification with the diagnosis certificate, in accordance with the "Occupational Disease Pre...

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28 2026-9

After resigning, if the employer refuses to issue a resignation certificate, can I claim compensation?

If the unit refuses to issue a resignation certificate and is liable for compensation according to Articles 50 and 89 of the Labor Contract Law, the employee can claim compensation for unemployment benefits and salary losses caused by the new unit's refusal to hire them. The obligation to provide certificates cannot be waived simply because the employee has not completed the handover process.

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28 2026-9

Can employees who have not been paid their wages due to the company's bankruptcy receive priority compensation?

After the bankruptcy estate has paid off its debts in priority, it shall first pay off the workers' wages, the personal portion of social insurance, and statutory compensation. However, guaranteed claims shall have priority over specific assets, in accordance with Article 113 of the Enterprise Bankruptcy Law.

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28 2026-9

Who bears the burden of proof in disputes over overtime pay?

In principle, the worker should provide evidence of the overtime work, but if the employer refuses to provide evidence such as attendance records, the employer shall bear the adverse consequences in accordance with Article 6 of the Labor Dispute Mediation and Arbitration Law.

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