Frequently Asked Questions

25 2026-9

How to prove the other party's breach of contract in a second-hand housing transaction?

To prove the breach of contract in the second-hand housing transaction, it is necessary to establish a chain of evidence including the contract, the performance certificate, the facts of the breach of contract, and the records of the reminder; according to Article 577 of the Civil Code, the party claiming breach of contract liability may be awarded damages of 100,000 yuan for the breach of contrac...

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25 2026-9

How to collect evidence of investment and agency holding when purchasing a house under someone else's name?

When purchasing a property under someone else's name, the following three pieces of evidence should be collected according to the agreement, investment, and control: the agreement and chat records, the payment and mortgage records, the original property ownership certificate, and proof of residence; if necessary, notarization and application for preservation of evidence should be carried out.

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25 2026-9

After getting married, if a couple buys a house together, how will it be divided in the event of a divorce?

After marriage, the house purchased by the couple is generally considered joint property. According to Article 1087 of the Civil Code, the court will rule in favor of the innocent party, usually the wife, in cases where the husband cheated on his wife and had an extramarital affair. As for the parents' contribution, it will be handled in accordance with Article 29 of the Interpretation (I) of the ...

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25 2026-9

I helped a relative buy a house under my name, but now he refuses to acknowledge it. What should I do?

The court rejected the claim of purchasing a house under someone else's name and initiated a lawsuit to assert ownership rights. To claim ownership transfer or compensation, the plaintiff relied on three types of evidence: a notarized agreement, investment records, and evidence of possession and control. It is important to preserve relevant evidence to prevent the house from being confiscated or d...

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25 2026-9

Can I claim compensation if there are quality issues with a second-hand house?

For quality issues with second-hand houses, you can claim compensation. Generally, if there are minor defects, you can request repair and price reduction. If there are major hidden defects, you can rescind the contract and claim compensation. The statute of limitations for litigation is three years, and it is crucial to fix the evidence through appraisal.

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25 2026-9

How is the penalty calculated if a seller of a second-hand house changes their mind and breaches the contract?

If the seller changes his mind, he may claim to continue to perform the contract or to terminate the contract and seek compensation; the penalty shall be implemented in accordance with the agreement. If the penalty is lower than the loss of the price difference, the seller may request an increase; if the penalty is excessively higher than the loss by more than 30%, the court may reduce it. The sel...

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25 2026-9

What taxes do I need to pay when transferring inherited property?

For legal inheritance transfers, no deed tax is required, but a stamp duty of 0.05% and registration fees must be paid. For bequests, deed tax must be paid. If the inherited property is resold after two years, no value-added tax is required; if it is resold after five years and is the only property owned by the buyer, no personal income tax is required. The time period is calculated based on the c...

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25 2026-9

Are the fines imposed by the company's rules and regulations legal?

After the repeal of the "Regulations on Rewards and Punishments for Enterprise Employees" in 2008, the enterprise has no legal authority to impose fines. Most of the fines clauses are deemed invalid and can be claimed back. Legal alternatives include performance bonuses and compensation for losses, with deductions not exceeding 20% of the monthly salary.

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25 2026-9

Is it legal for the company to deduct wages when an employee resigns?

When an employee leaves the company, their salary should be paid in full at once; any statutory deductions or withholdings must be based on legal provisions. Compensation for losses should not exceed 20% of the employee's monthly salary and should not be less than the minimum wage. The statute of limitations for claiming rights is one year. If the employer fails to pay the compensation within the ...

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25 2026-9

Can I still claim compensation if my work-related injury recurs?

If it is confirmed that the recurrence of the work-related injury requires treatment, the employee shall continue to enjoy medical treatment, assistive devices, and work-related injury compensation in accordance with Article 38 of the "Regulations on Work-related Injury Insurance"; if the employee's disability status changes after one year, they may apply for a review and appraisal, and the statut...

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25 2026-9

How is the salary calculated when an employee resigns without taking their annual leave?

When an employee resigns, any unused annual leave shall be calculated based on the number of days that have passed in that year, and any unused leave less than one full day shall not be counted. For unused leave that should have been taken, the employer shall pay 300% of the daily wage, which includes the normal wage, i.e., an additional 200%. The statute of limitations for claiming compensation i...

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25 2026-9

How to protect one's rights if being dismissed by the company during pregnancy?

Female employees in the third trimester are subject to special protection. If they are unlawfully dismissed, they can claim to continue the contract or seek compensation of twice the economic compensation. The arbitration statute of limitations is one year. If the contract expires during the pregnancy period, it shall be extended until the circumstances of the third trimester disappear, at which p...

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25 2026-9

Is there any financial compensation if the labor contract expires and is not renewed?

For the economic compensation payable by the employer when the contract expires and the employer does not renew the contract, one month's salary shall be paid for each completed year of service; where the service period exceeds six months but is less than one year, it shall be calculated as one year; and where the service period is less than six months, half a month's salary shall be paid. The sta...

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25 2026-9

How should joint debts of a couple be handled during the enforcement phase?

The execution basis determines that, in principle, the spouse will not be directly added as a defendant when one party is identified. The joint debts need to be confirmed through separate litigation. The shared property can be executed for its share, and the division in the divorce agreement cannot be used against the creditor. The application period for enforcement is two years.

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