Frequently Asked Questions

24 2026-9

What should I do if the other party is fully at fault for the traffic accident but refuses to pay compensation?

If the other party is fully at fault but refuses to pay compensation, you can first file a claim with the compulsory motor vehicle liability insurance and commercial third-party liability insurance. If the compensation is insufficient, the fully at fault party shall bear the responsibility. Keep the accident identification document and invoices, and file a lawsuit within the three-year statute of ...

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24 2026-9

When is the most appropriate time to conduct a disability assessment for traffic accident victims?

The disability assessment should be conducted after the treatment is completed. For common injuries, it is advisable to conduct the assessment 3 to 6 months after the injury. For internal fixation, it is recommended to conduct the assessment 3 months after the fixation is removed. The statute of limitations for litigation is 3 years.

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24 2026-9

What should you do if you encounter forged documents during a second-hand house transaction?

If you find fake property certificates or power of attorney documents, you should immediately report the case to the police and preserve the evidence. You can request the cancellation of the contract signed under fraud within one year, and those who forge documents to defraud housing money may be held criminally liable.

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24 2026-9

How can buyers protect their rights if second-hand house sellers breach their contract?

If the seller breaches the contract, the buyer may request the seller to continue with the transfer of ownership or terminate the contract and claim compensation; the court will generally support the buyer's claim for the loss of the price difference based on the appraised value; if the down payment does not exceed 20% of the total price, the party receiving the down payment must return twice the ...

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24 2026-9

What should I do if the other party refuses to return the house after purchasing it under someone else's name? Can I sue to assert my ownership rights?

When purchasing a house under someone else's name, you can sue to assert ownership or request cooperation in the transfer of ownership; the key evidence includes the agreement of purchasing the house under someone else's name, the investment certificate, and the certificate of possession and use; the statute of limitations is three years, which highlights the high risk of purchasing public housing...

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24 2026-9

Can I withdraw from the purchase if the developer fails to deliver the house on time?

If the house is not delivered within three months after being reminded, the buyer can terminate the contract and withdraw from the purchase; if the delay is so serious that the purpose of the contract cannot be fulfilled, the buyer can withdraw from the purchase, get a refund, and claim compensation. The statute of limitations is three years, and some owners have already been awarded a full refund...

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24 2026-9

How to resolve the deposit dispute in second-hand housing transactions?

Three steps to resolve deposit disputes: Apply the liability rules stipulated in Article 587 of the Civil Code; prepare a fixed deposit receipt and evidence of breach of contract; and seek legal protection through consultation, mediation, and litigation. The statute of limitations is three years, and the deposit and breach of contract penalties cannot be claimed simultaneously.

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24 2026-9

What fees are required for the transfer of property inheritance?

Legal heirs inherit property without paying deed tax (Article 6 of the Deed Tax Law) or personal income tax (Decree No. 78 of 2009); however, they still need to pay stamp duty at a rate of 0.05%, registration fees, notarization fees, and litigation fees. If the inherited property is resold, additional taxes will be levied.

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24 2026-9

Can the deposit for the sale of a second-hand house be refunded?

The buyer has no reason to regret and has no right to ask for the deposit back. If the seller breaches the contract, he/she shall return the deposit doubled. The deposit shall not exceed 20% of the house price, and the part exceeding 20% shall not have the effect of the deposit. If the contract is not concluded due to no fault of either party, the deposit shall be returned.

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24 2026-9

What are the top ten property dispute lawyers in China?

There is no official top ten ranking list for the legal profession. Absolute rankings for promotion are subject to the Advertising Law. When choosing a lawyer, you should check their practice certificates, records of similar cases, and written plans. Henglue Real Estate Team has practical experience in winning retrials in second-instance cases.

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24 2026-9

How do real estate dispute lawyers charge their fees?

Real estate lawyers' fees are usually charged on a per-case basis, by stages, as a percentage of the transaction value, or on an hourly basis, and the fees are determined through market-based negotiations. In property cases, the acceptance fees are paid in stages based on the transaction value, with the appraisal process taking place before the signing of the contract.

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24 2026-9

What should I do if a property rights dispute is discovered during the transfer of a property inheritance?

If a property rights dispute is discovered during the transfer of ownership, the transfer should be suspended first, evidence should be preserved, and the ownership should be clarified through ownership confirmation or inheritance litigation. The transfer can be carried out again upon presentation of the effective legal document. The statute of limitations for litigation is three years, and the ma...

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24 2026-9

Will a real estate dispute lawyer handle housing lease disputes?

Real estate dispute lawyers can handle lease disputes, including rent arrears, security deposits, evictions, and subleases. If the tenant fails to pay the rent despite being reminded, the contract can be terminated. The statute of limitations for lease disputes is three years, and written contracts should be signed for leases lasting more than six months.

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24 2026-9

Can an employee request economic compensation after voluntarily resigning from their job?

For those who resign voluntarily for personal reasons, there will be no financial compensation. For those who are forced to terminate the labor contract due to unpaid salaries, unpaid social insurance, etc. in accordance with Article 38 of the Labor Contract Law, they can receive compensation of one month's salary for each completed year of service, and the arbitration statute of limitations is on...

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24 2026-9

Which is more appropriate for corporate contract disputes: arbitration or litigation?

For contract disputes with an arbitration agreement, the parties should apply for arbitration. The arbitration award is final and confidential. If there is no arbitration agreement, the parties can directly file a lawsuit, and the case will be subject to two-instance final review. For labor disputes, the parties must first go through arbitration and then file a lawsuit. The statute of limitations ...

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