Frequently Asked Questions

24 2026-9

Who should bear the responsibility for an accident involving a driver-for-hire?

For accidents involving a driver-for-hire, insurance coverage takes precedence over tort liability: compensation is provided first within the limits of compulsory insurance and commercial third-party liability insurance, and the shortfall is borne by the driver-for-hire company in accordance with Article 1191 of the Civil Code. The car owner is generally not liable if there is no fault on their pa...

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24 2026-9

Is the contract still valid if someone buys a house under someone else's name to evade the purchase restriction policy?

The risk of circumventing purchase restrictions by purchasing a house under someone else's name is high: purchasing public housing under someone else's name is generally invalid, and fraudulent transactions involving mortgage loans are invalid due to collusion and false declarations; transferring ownership rights is often hindered, and written agreements and investment certificates are needed to f...

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24 2026-9

How much does it cost to hire a lawyer to litigate a property dispute?

The attorney's fees for real estate disputes are typically charged on a per-case basis or based on the value of the subject matter, with fees increasing in tiers; risk-based attorney fees cannot exceed 30% of the subject matter value, and are prohibited in cases such as marital inheritance; in addition, litigation fees, preservation fees, and appraisal fees must be budgeted together.

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24 2026-9

Which law firms in Beijing specialize in property disputes?

When choosing a law firm to handle real estate disputes, there are four key considerations: expertise in the field, similar case experience, feasible solutions, and transparent fee structures. You can verify the firm's qualifications through the judicial administrative authority's platform, and bring property-related documents for an on-site evaluation during the consultation.

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24 2026-9

What is the usual penalty for breaching a contract in second-hand housing transactions?

The penalty for breach of contract for second-hand houses shall be subject to the provisions of the contract, which is usually 10% to 20% of the total house price, or calculated at a few thousandths of a percent per day; if it is too high, the party concerned may request a reduction in accordance with Article 585 of the Civil Code. The party may choose to claim either the deposit or the penalty, a...

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24 2026-9

How is the breach of contract compensation calculated when a seller sells the same house to two different buyers?

The compensation for selling the same house to two different buyers includes: returning the paid purchase price and interest, compensating for the loss of the price difference, and paying the breach of contract penalty; if the seller maliciously sells the same house to two different buyers, the buyer can claim compensation of no more than twice the paid purchase price; the buyer can choose between...

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24 2026-9

If the seller breaches the contract and refuses to sell the house, can the buyer request the seller to continue to perform the contract?

If the seller breaches the contract and refuses to sell the house, and the house has not been sold to others, the buyer may, in accordance with Articles 577 and 580 of the Civil Code, demand the seller to continue with the transfer of ownership; if the seller fails to perform the contract, the buyer may rescind the contract and claim the difference in price, and choose either the breach of contrac...

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24 2026-9

What should I do if the borrower refuses to return the house after changing their mind about using the celebrity's name?

If the celebrity changes their mind, they can sue to confirm the validity of the contract and order the transfer of ownership or the return of the house based on the agreement, the investment, and the evidence of possession. According to Article 215 of the Civil Code, the validity of the contract is not affected by registration. If the house is sold to someone else, the celebrity can seek compensa...

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24 2026-9

If the seller breaches the contract and raises the price, can a lawyer force the transfer of ownership?

If the seller breaches the contract and raises the price, the buyer may, in accordance with Articles 577 and 580 of the Civil Code, sue for forced transfer of ownership and claim breach of contract damages. After the judgment is issued, the court may enforce the judgment. It is advisable to initiate litigation as soon as possible and simultaneously seize the property. The statute of limitations is...

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24 2026-9

How to protect one's rights if the quality of a commercial housing unit is not up to standard?

If the quality of the commercial housing is not up to standard, the buyer can request repair, price reduction, or withdrawal from the contract. For general defects, the buyer can claim compensation in accordance with Article 582 of the Civil Code. If the main structure of the house is not up to standard, the buyer can terminate the contract. During the warranty period, the developer is responsible...

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24 2026-9

What legal methods are there for collecting corporate debts?

The four stages of corporate debt collection: Written collection to interrupt the three-year statute of limitations; Enforcement of payment orders through notarization to exert pressure quickly; Lawsuit in cooperation with property preservation; In the execution stage, adding shareholders and imposing restrictions on high-consumption and trust-breaking, and using subrogation and right of rescissio...

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24 2026-9

What role does an insurance trust play in wealth inheritance and debt isolation?

The insurance trust enables the inheritance to be transferred in installments according to the wishes of the insured; the insurance proceeds designated for beneficiaries are not considered part of the estate. The trust property is independent according to Articles 15 to 17 of the Trust Law and, in principle, cannot be enforced by force. However, if the insured maliciously evades debt repayment, th...

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24 2026-9

What should I do if I don't have enough money to implement the plan?

Terminating the case does not mean concluding it. You can apply for resuming enforcement, add unpaid shareholders in accordance with Article 54 of the Company Law, and file lawsuits for subrogation and right of rescission, and cooperate with the measures of restricting high consumption and being listed as a dishonest person. You should start these procedures as soon as possible within the two-year...

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24 2026-9

If a creditor sues you to demand that you assume your ex-wife's debts, how should you defend yourself in court?

In accordance with Article 1064 of the Civil Code, the following applies to the defense against a lawsuit: only jointly signed agreements, subsequent acknowledgments, or everyday family debts are considered joint debts, and debts exceeding everyday use for creditor's proof are not considered joint debts; if the defense is made within the 15-day response period and the debts are indeed joint debts,...

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