Frequently Asked Questions

24 2026-9

If someone else gets into an accident while borrowing my car, am I responsible as the car owner?

In principle, the person who uses the car should compensate for any accidents caused by borrowing the car. If the car owner knew that the borrower did not have a driving license, was driving under the influence of alcohol, or that the car had defects, the car owner should also bear corresponding responsibilities. First, purchase compulsory insurance and then commercial insurance, and the statute o...

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24 2026-9

After settling a traffic accident privately, can you still change your mind and report it to the police?

If there are major misunderstandings or obvious unfairness in the private settlement agreement, it can be revoked in accordance with Articles 147 and 151 of the Civil Code. The right to revoke a major misunderstanding is valid for 90 days; if the police are called in after the fact, the traffic police will still accept the case, and any uncovered losses can be claimed separately.

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24 2026-9

If the contract for buying a house is terminated, apart from getting the deposit back, what other compensation can I claim?

In addition to the seller's obligation to return the deposit in double (Article 587 of the Civil Code), if the deposit is insufficient, the buyer can also claim compensation for the loss of the price difference; the price difference shall be calculated based on the difference between the market price and the contract price at the time of the breach of contract, subject to the limit of foreseeabili...

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24 2026-9

What should I do if the loan application is rejected and I can't get the purchase contract approved?

If the loan cannot be approved, the responsibility for the failure shall be determined as follows: If it is attributable to one party, the contract may be terminated and compensation may be claimed; if it is not attributable to either party, the contract may be terminated and the down payment or deposit (Article 19 of the Judicial Interpretation of the Sale and Purchase of Commercial Housing) shal...

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24 2026-9

What is the standard compensation for breach of contract in second-hand housing transactions?

For second-hand housing breach of contract, the compensation shall be limited to the actual losses according to Article 584 of the Civil Code, and the difference in price can be claimed; if the seller breaches the contract after receiving the deposit, he/she shall return double the amount of the deposit, and the penalty for breach of contract can be reduced if it is too high. In the case of delaye...

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24 2026-9

Can a person sell a house that they own jointly with others?

Shared housing must be sold with the consent of all co-owners: for joint ownership, more than two-thirds of the shares must agree; for joint ownership, all owners must agree (Article 301 of the Civil Code); unauthorized sales cannot be registered, unless the buyer has acquired the property in good faith.

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24 2026-9

How to collect the proof of investment in buying a house under someone else's name?

To legally purchase a property under someone else's name, the following five pieces of evidence are indispensable: transfer receipts, loan repayment records, ownership certificates and bill holdings, property payment records, and a written agreement on purchasing the property under someone else's name. According to Article 234 of the Civil Code, one can file a lawsuit to confirm the ownership and ...

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24 2026-9

What are the restrictions on the listing and trading of affordable housing?

The affordable housing is subject to limited property rights: it cannot be listed on the market before 5 years, and if it is necessary to transfer it, the government will repurchase it; if it is listed on the market after 5 years, the buyer must pay the land revenue according to the price difference, and after paying it, he will obtain full property rights. The specific rules are described in Arti...

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24 2026-9

How should the repayment of the mortgage be divided if the house was purchased before marriage and both spouses contribute to the repayment after marriage?

Before marriage, the mortgaged house belongs to the registrant. After marriage, the couple shall jointly repay the loan and the corresponding appreciation shall be explained in accordance with Article 78 of the Interpretation of the Marriage and Family Code. The registrant shall compensate for the increase in value. The compensation shall be calculated by multiplying the proportion of the jointly ...

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24 2026-9

Is the change in the house-buying restriction policy considered an act of force majeure?

The changes in the purchase restrictions do not constitute force majeure, but the parties may, in accordance with Article 533 of the Civil Code, claim a change of circumstances and renegotiate or request to terminate the contract; if the buyer loses the eligibility to purchase a house, he/she shall notify the other party in a timely manner, and the deposit and the paid amount shall generally be re...

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24 2026-9

Can the promotional advertisements in the sales office be considered as part of the contract?

In principle, sales advertisements are an invitation to make an offer, but the promises that are specifically determined and affect the contract and the price of the house are considered as part of the contract according to Article 3 of the Judicial Interpretation of Commercial Housing. If any false information is found in the advertisements, evidence should be preserved and the breach of contract...

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24 2026-9

Is there any risk if the online signing price and the actual transaction price do not match?

The online signing price ≠ the transaction price, which constitutes a hidden contract: according to Article 146 of the Civil Code, false price clauses are invalid. Understating the house price to evade taxes may result in the recovery of taxes and a fine of 50% to 5 times the amount of taxes. In serious cases, it may constitute the crime of tax evasion as stipulated in Article 201 of the Criminal ...

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24 2026-9

What should I do if there's a lease agreement for the foreclosed property and the tenant refuses to vacate the premises?

The validity of a lease contract for a foreclosed property against eviction depends on the timing: a lease contract signed after the property was sealed or mortgaged cannot resist the enforcement, and the buyer may apply to remove the lease and force eviction; however, a legal lease signed before the property was sealed is protected by the principle of "the sale does not affect the lease", so it i...

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24 2026-9

What should I do if the content in the resignation certificate is unfavorable?

The legal content of the resignation certificate includes only four items: contract term, termination date, position, and years of service (Article 24 of the Implementing Regulations of the Labor Contract Law); if the certificate contains unfavorable evaluations, the employee may request a reissuance and claim compensation, and must complete the transfer formalities within 15 days.

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24 2026-9

Can I request to make up for the unpaid social insurance contributions if I haven't paid for the required number of years?

If social insurance contributions are not paid in full, the employer can be required to make up the payments. According to Article 63 of the Social Insurance Law, the collecting agency shall order the employer to pay the contributions within a specified period, and the late payment penalty shall be calculated at 0.05% of the unpaid amount per day. If the employer refuses to pay the social insuranc...

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