Guangzhou Real Estate Lawyer

When buying a second-hand property, the main points to note include: 1) Verify the property right status — confirm whether there are mortgages, seizures, co-ownership, etc.; 2) Check the actual condition of the property — visit in person to learn about the house condition, property management, and neighborhood environment; 3) Carefully review the purchase contract — clearly define the transaction price, payment method, transfer time, liability for breach of contract, etc.; 4) Understand household registration andschool enrollment issues — especially important for school district housing; 5) Pay attention to transaction tax planning — understand the tax burden of both parties; 6) Conduct fund supervision — ensure transaction fund safety. It is strongly recommended to hire a professional lawyer for the entire process.

It depends on the specific situation. If it is a 'deposit' (earnest money (deposit)) agreed upon as a guarantee for contract performance, and the buyer unilaterally regrets it, they generally cannot demand the return of the deposit. If the seller defaults, they shall return twice the deposit. However, if the failure to sign the contract is due to reasons not attributable to both parties (such as failure to agree on major contract terms, policy changes, etc.), the deposit shall be returned. If it is 'earnest money' (down payment/good faith deposit) and not the deposit nature of guaranteeing contract performance, it can generally be refunded. The key is the wording and agreement in the contract.

If the seller refuses to cooperate with property right transfer after signing the purchase contract, the buyer can first urge the seller to perform the contract through written notice. If the seller still refuses, the buyer may file a lawsuit in court, requesting the seller to continue performing the contract and cooperate with the transfer procedures, and at the same time claim liability for breach of contract. If the seller has already sold the property to a third party and completed the transfer, the contract can no longer be performed, and the buyer can only claim compensation for breach of contract and losses (including the difference in housing price increase).

Housing quality issues are divided into different situations: 1) Main structural quality issues — if unacceptable, the buyer can request contract termination and compensation for losses; 2) General quality issues — within the warranty period, the seller shall be responsible for repair; 3) Quality issues after the warranty period — the owner shall bear the cost, but if it is a design or construction defect, the developer may still be liable. For second-hand housing, quality issues depend on the agreement in the contract and whether the seller concealed quality problems. If the seller knowingly conceals major quality issues, the buyer may claim the contract is voidable or demand compensation.

Legal risks of commercial real estate investment mainly include: 1) Property right risks — whether the property right is clear, whether there are mortgages, seizures, leases, etc.; 2) Planning risks — whether the planning use matches the investment purpose; 3) Lease risks — stability of tenant, rent collection status, lease term and termination conditions; 4) Tax risks — transfer taxes, property tax, value-added tax, etc.; 5) Operational risks — management and operation issues after purchase. It is advisable to conduct thorough due diligence before investment and have a professional lawyer review the contract and transaction structure.

Whether a lease contract can be terminated early depends on the specific circumstances: 1) If both parties agree, the contract can be terminated by mutual consent; 2) If the contract stipulates conditions for early termination, termination may be possible when those conditions are met; 3) If one party materially breaches the contract, the other party has the right to terminate the contract in accordance with the law; 4) If one party unilaterally terminates without justified reasons, they shall bear liability for breach of contract. The specific liability for breach depends on the contract agreement. The defaulting party may need to compensate the other party for actual losses and liquidated damages.

Property management disputes can be resolved through the following channels: 1) Negotiation — both parties communicate and negotiate to reach a settlement; 2) Mediation — request mediation by the neighborhood committee, sub-district office, or property management department; 3) Complaint — file a complaint with the competent department (housing and urban-rural development bureau) for administrative coordination; 4) Arbitration — if there is an arbitration agreement, apply for arbitration; 5) Litigation — file a lawsuit with the court. Common types of property management disputes include property fee disputes, property damage disputes, parking space disputes, owner committee election disputes, etc.

Co-ownership of property is divided into joint ownership and tenancy in common. In joint ownership (such as husband and wife common property), co-owners have equal rights to the co-owned property, and disposal requires unanimous consent. In tenancy in common, each co-owner owns a share and can dispose of their own share, but other co-owners have a right of first refusal under the same conditions. For major repairs or renovations of co-owned buildings, the consent of co-owners whose share exceeds two-thirds of the total area and two-thirds of the total number of co-owners is required. Disputes arising from co-ownership can be resolved through negotiation, mediation, or litigation.