Property Sales and Purchases | Construction Projects

Beijing real estate dispute lawyers and Beijing construction engineering lawyers, specializing in handling second-hand housing sales disputes, breaches of contract in the sale of new commercial housing, refunds of purchase deposits, real estate transfer disputes, housing lease disputes, construction contract disputes, project payment settlements, engineering quality disputes, and subcontracting disputes, with in-depth expertise in legal practice in the fields of real estate transactions and construction projects in Beijing.

Real estate transactions and construction projects involve large amounts of contractual subjects and complex contract terms, making it extremely easy to encounter various disputes such as developers' breach of contract, landlords' breach of contract, non-refund of deposits, delayed delivery of housing, inability to obtain property ownership certificates, arrears in project payments, disputes over project quality, and subcontractors' breach of contract. Ordinary individuals and construction companies often find it difficult to protect their rights and limit their losses with their own capabilities. Beijing Hengluo Law Firm is familiar with Beijing's real estate transaction policies, real estate registration rules, construction industry standards, and local court adjudication practices.

\nCore service scope：

1. Property transaction disputes: disputes over pre-sale/on-sale of commercial housing, developers' delays in handing over properties and obtaining property rights certificates, defending against quality defects of the house, refunding the down payment and deposit for purchasing a house, breach of contract in second-hand house transactions, disputes over "yin-yang contracts", obstacles in transferring property ownership, disputes over housing property rights, purchasing a house under someone else's name and defending against rights, disputes over house leasing contracts, arrears in rent, disputes over subletting of houses, and defending against fraud in property transactions;

2. Construction project disputes: disputes over construction contracts, delayed payment and settlement of project funds, breach of contract leading to project suspension, project quality appraisal and rights protection, disputes over subcontracting labor contracts, disputes over project bidding and tendering, disputes over project cost, claims for priority rights in construction projects, disputes over project completion settlement, litigation and arbitration over project arrears, etc.

Case-handling advantages: For real estate transaction disputes, we accurately identify pitfalls in purchase contracts, handle high-frequency issues such as landlords/developers' breach of contract, non-refund of deposits, and failed transfer of ownership, assisting buyers in withdrawing from the purchase, obtaining refunds, claiming breach of contract penalties, and compensating for losses. For cases involving buying property under someone else's name and difficult cases of property ownership confirmation, we sort out the complete evidence chain to confirm the ownership of the house. For construction project disputes, we are proficient in project settlement rules and industry pricing standards, helping construction companies, contractors, and construction teams recover overdue project payments and labor fees, handle disputes over project quality and breach of contract in terms of the construction period, and minimize the economic losses of enterprises to the greatest extent possible.

Based in Beijing, we serve Beijing home buyers, landlords, construction companies, and contractors, offering one-stop legal services including real estate transaction risk control, project contract review, and dispute resolution and arbitration.

Our case-handling process

1. Preliminary consultation and assessment of the caseThe party concerned submits a case introduction and evidence materials, and the lawyer understands the facts of the case, conducts a preliminary analysis of the case's development, legal risks, and available legal protection options.

2. Interview communication and contract signingOffline/online consultation to further clarify the case details, inform the client about the case risks, scope of services, and fee structure; upon reaching an agreement, the client signs the power of attorney.

3. \nEvidence review and material organizationGuiding the client to collect additional evidence, the lawyer organizes all the evidence materials, sorts out the evidence chain, and drafts legal documents such as the complaint, application, and defense opinion.

4. Filing a case / Applying to initiate legal proceedingsSubmit the filing materials to the corresponding Beijing courts, arbitration commissions, and administrative authorities, and complete the procedures such as filing a case, obtaining protective measures, requesting a meeting, and initiating a review process.

5. Follow up and communicate with the client throughout the entire process of the caseFollow up on the progress of the case, receive documents from judicial authorities, regularly update the parties on the case's progress, and participate in mediation and negotiation sessions.

6. Court hearing / hearing agentAttorneys attend court hearings, cross-examinations, and debates, fully present their clients' arguments, and safeguard their clients' legitimate rights and interests.

7. Receiving and subsequent handling of judicial documentsAfter receiving the judgment or ruling, interpret the adjudication result; and based on the situation, provide suggestions for subsequent procedures such as appealing or applying for enforcement.

This business special reminderFor real estate disputes, it is necessary to focus on verifying the contract, investment, and registration materials; construction project cases often involve cost estimation and engineering quality appraisal, and the appraisal period will affect the overall case handling time.

Frequently Asked Questions (FAQ)

Q1: If the landlord of a second-hand house in Beijing breaches the contract and refuses to sell the house, how can I protect my rights?
A: You can sue to demand the seller to fulfill the sales contract and force the transfer of ownership, or request to terminate the contract and require the other party to bear the breach of contract penalty and compensate for the loss of the housing price difference. The specific solution should be determined based on the contract provisions and available evidence.

Q2: Can the ownership of a house purchased under someone else's name be legally confirmed by a Beijing court?
A: The Beijing court will review the complete evidence, including the loan agreement, investment records, and actual residence, and ensure that it complies with the Beijing's housing purchase eligibility policy. Not all loans for purchasing houses can be registered and transferred successfully.

Q3: If the developer fails to deliver the house on time, how can I claim compensation?
A: According to the provisions of the commercial housing sales contract, you can file a lawsuit with the Beijing Court and claim the breach of contract penalty for the delay in handing over the house. If the conditions for termination are met, you can also request to withdraw from the contract and get a refund.

Q4: If there is no written contract for the construction project, can I sue to claim the project payment?
A: Yes, you can collect evidence such as construction records, settlement documents, chat records, and visa documents, and then file a lawsuit in a court with jurisdiction to recover the project payment.

Q5: What is the priority right to compensation in engineering projects?

A: The contractors of construction projects can enjoy priority compensation for the discounted value and auction proceeds of the projects, but there is a statutory time limit for exercising this right, and they need to assert their rights in a timely manner.