How to find a professional real estate lawyer Guangdong Guoxin law firm (Shenzhen) real estate lawyer team unity advisory telephone 152-2021-1126 lawyer liu. Qq2549081961. from the point of view, the lawyer is a business investment behavior. In squandering is to charming eyes today China lawyers, how do you ensure that I know the person, find a really suitable for their own lawyers? This article is intended to give you a pair of piercing eye, through heavy fog in the China lawyers, find a really suitable for your lawyer quickly.

1, as professional not professional

Many lawyers all flaunt oneself is the "professional", but as a professional must professional? Such as some lawyers in the marriage law established online, flaunt oneself is the marriage law lawyer; and in another website, has become the real estate professional lawyers; more fantastic is, it becomes criminal defense lawyer in another site.......

So the lawyer see people who, damn that ghost, is tantamount to a chameleon, the lawyer may professional? A person's energy, time is limited, can not be like Wu Yi is good at eighteen, a lawyer can be one or several fields of law "professionals", can not be exhaustive "generalist", unless he is "one size fits all" type of lawyer. As far as I know, this law is often just a way, no experience, no case, is not willing to apprentice, solicitor paralegal unwilling to do. They even in the personal web site also dubbed "China" words, to represent Chinese.

2, brand integrity is not necessarily good faith

The Chinese lack of sincerity, a lack of trust between people, many lawyers to flaunt the integrity as a weapon against the psychological line of defense. But not as good faith will be honesty? On the contrary, in particular China conditions and environment, integrity is the exception, not good but common. So what the lawyer is worthy of your trust?

(1) he will for your sake. Not necessary intervention program, he would not for the collection of fees and expenses involved; no, he will not accept. Your interests, he resolutely safeguard, even if you are a businessman, or a killer, he is able to keep his occupation ethics, do not hurt your interest.

(2) he did not pay a fortune. The integrity of the law, will follow the industry standard fees for your specific charge, not in charge of the contract, if signed a good contract, even after the case was not the money, he will not speak; and not the integrity of the law, will guide you to the low charge on board, and then a knife a knife to slowly kill you.

(3) he strictly and trustworthy. And your appointed time, he would have arrived, documents will finish on time, work will not delay, he will fulfill his promise.......

3, as the famous not famous

There are many lawyers flaunt oneself is the "lawyer", "well known lawyer", "senior counsel", in fact, "these people" also mostly just debut young lawyer. "The famous lawyer" is nothing but a product of the blow one's own horn.

Select the lawyers don't look lawyer online publicity is strong, the key to see the lawyer's professional level. Now some lawyers will say her miraculous, as if the Savior himself, as long as a person will have the ability to save. But the real contact down, its legal level is really dare not flatter, desperately touted fraud don't say, even some of the terminology wrong.

Guangzhou has a lawyer, had a Chinese in Sun Zhigang's case, as a defendant's lawyer, even in words in defense that the defendant is "stress made", make a big joke! Criminal law is a "coerced offender", refers to people who is coerced to participate in a crime, shall be in accordance with the the circumstances of his crime, a mitigated punishment or be exempted from punishment. The lawyer to "coerced offender" into "coerced guilty", even the basic common sense are not understood, what to talk about "the famous lawyer"? Is the law, not only in the lawyers feel just like a fish in water, and then he became Vice President, a court official China, is really Nothing is too strange!

Well deserved "lawyer" have these characteristics: legal services are often not more than three fields; in order to reputation, generally accepted that can win cases; also only then is good at in the field of major cases.

4, the lawyer is really the card fraud criminal

We often hear a statement, said "a lawyer is a card fraud", is that true? We have to handle a single sensation local corruption case in Dongguan, the case shows China lawyer of life:

As a state-owned enterprise legal adviser legal opinions issued by mistake, causing the state-owned five high-level corruption charges; 5 lawyers requested, a famous real estate lawyer, but the lawyer just before the trial night flying over, after the court immediately leave, all the work done by my assistant, hearing the just echo what the books say, very strange on the merits, not debate with the prosecutor, but received about 500000 lawyers, however, this Law in the way one gets along with people on there is conservation, have certain achievements in real estate law; one is the vice president of a university in Guangzhou College of law and politics, but the advertised "scholar" the lawyer is not clear "lighter" and "criminal law to reduce the difference between", also do not know the law court has the authority to change the charges in court, prosecutors seized the handle, the most sad is, because he doesn't understand also be opinionated, but not embarrassed; one is ever worked in court lawyer (do not know what the judges in the court or administrative court said neither painful nor itching), some point of view, just want to hurry up; there is also a lawyer, is purely a formality, do things carelessly .

In court, we felt the deep sorrow, some lawyers are licensed fraud, not without reason. In this day and age in which we live, you choose the lawyer is not professional, waste more than money, more serious is, will make the case should not be.

5, experience of lawyer's important

Many lawyers practicing for 10 years, with particular emphasis on their own time, to show their own experience, skills. We think, knowledge of law, professional talent, experience and professional ethics is the basic condition for a good lawyer. As a lawyer, without a solid theoretical foundation, there is no legal operation understanding, more is not necessarily art ripe, even though the practice a long time, is only a low level operation. In fact, many lawyers stressed that their experience, it is because of their own professional foundation is not solid and lack of performance.

There is a practice of 20 years old lawyer, court has put forward two frightful to the ear's point of view: first, answer blows with blows, a life for a life is China tradition, the first defendant in this case has been sentenced to death, has arrived in the life, so the case of the second defendant cannot be sentenced to death, not life. In two life; two, the case of the second defendant was an only child, there are old, under a small, a wife, family planning is a basic national policy, basic policy than law, the case of the second defendant was sentenced to death indirectly violates the basic national policy of our country. It is understood, is such a trial, with the eighty thousand yuan lawyer fees.

Why China will appear so absurd a lawyer? The reasons are complex, but one with Chinese examination system is not without relations. Before the mid ninety's lawyer qualification examination is relatively simple, there are many does not pass an examination can take lawyers card exceptions, led to the emergence of a lot of no level, and even do not know "Chinese lawyer", in this sense, the more practice time lawyer, more likely not level. To many people the lawyer license, but not for these lawyers in handling capacity.

Some lawyers think, I did 10 years judge in the mainland, so "case is the one thing that most simple for me, because everything is process oriented, formatted, like factory production line......". We saw very surprised:

In the economically developed Guangzhou, Shenzhen and other places, lawyers have to face new situations, new problems appear, such as when the Guangzhou rising mortgage business, the mainland has not "mortgage", "flowers" as it is; and as the Beijing a well-known real estate lawyers talk about real estate sale, the conduit company shall both sides separated by contract, but in Guangzhou signed the "three party" has become the basic requirements for real estate intermediary and practices. A just arrived from the mainland to Guangzhou lawyer, how can it be said that the case is a simple thing? We believe that, from an objective point of view, a lot of case is not simple; from the lawyer personal situation, the real level wouldn't think simple cases, he (she) is very clear whether designed using industry knowledge or case of the trend are not despise!

A person's energy, time is limited, can not be eighteen class Wu Yi proficient in everything, a lawyer may be one or several fields of law "professionals", but may not be exhaustive "generalists", unless he is a "one size fits all" type of lawyer or his "in two places at once". We employed the perception based on, a genuine level lawyers are good at field will not be more than 3, to run a single case lawyers should pay many labor, that the case is a simple thing, is not liable for the.

6, based on the professional lawyers important

Some lawyers believe that, first, the lawyer is not equal to the scholars of law school. In the current academic fickleness, plagiarism, plagiarism prevalent circumstances, is difficult to talk about some real knowledge or university asked. Their defense or the space, the macro micro things too much, too little, lack of specific analysis, without much reference value for the judges. Second, has many years of experience in handling cases and extensive social relations law practice, but these lawyers mostly depends on the experience of handling a case, rely on the relationship between meals, knowledge is aging, some new things do the law and the law on. For example, negligence, strict liability, right of formation and other new types of cases not, often make a fool of yourself. The lawyer criticized the school law and practice lawyers may have some truth, but he does not know, as long as a professional legal education should know contracting negligence, strict liability, right of formation, is not what new knowledge, but must master the basic knowledge of the law, the lack of professional knowledge of teachers in the law, that he himself is "on the relationship between meals, knowledge aging" lawyer.

Some lawyers are not professionally trained worker, often preaches better than graduate students. Based on our experience, Graduate solid professional foundation, improve faster, and the students are not normative understanding of the law, but what about being a qualified lawyer? In fact, the last century in the late ninety's the emergence of a number of classes to send a lawyer to dark horse, they boarded the stage of history, they stars shine, is the mainstay China lawyers.

Some lawyers are secondary school students, even have not received formal education of law, attack on the graduate, undergraduate, professional foundation is not important; some lawyers are graduate students, basic and professional is very important. So, professional basic important or not?

We believe that the professional knowledge is very important. Solid professional knowledge of law even handle new types of business, but also superior to others; conversely, professional lawyers for the poor, the lack of basic legal knowledge, work more difficult to hand cooked, sometimes a big joke:

There is a lawyer, has done the original judicial bureau in Jiangxi, and later as a lawyer in Guangzhou, presented a shocking defense point of view: the authority of the public prosecutor, three organs of the generalized mean is "public security and judicial organs", not as "judicial authority", it seems, in logic public security organ and the judicial organ is a parallel relationship rather than total ownership, so the public security organs cannot be included in the judicial organ, so the public security organ is not the judicial organ, and the public security organs have not the right of investigation and evidence collection, so the public security organs obtain evidence is invalid, can not be directly used as trial evidence.

There is also a lawyer, claiming to be "bachelor's degree graduate, postgraduate of China University of Political Science and Law law students. In 1981 to enter the work of procuratorial organs, 19 * *, * * * * as the district procuratorate long......" , but is such a "senior lawyers in court", on the one hand that the defendant "innocent", on the other hand, said the defendant is the "first offence, shall be given a lighter punishment", and do not say the law does not first offenders should be punished more leniently, the two stultify oneself defense point of view is a ridiculous the joke; after the verdict, the defendant's family came all the way to Guangzhou, again and again to the lawyer for the defense, and the judgment of book of the original file material and other documents were unsuccessful, only that the open after the court the lawyer did not write it, didn't even have to go to court papers, they a hard years of farming saved the hard-earned money, only for the wrong lawyer ridiculous and irresponsible.......

As a lawyer, without a solid theoretical foundation, there is no legal operation understanding, more not expert cooked; of course, even with these conditions, not much hand is not cooked. Knowledge of law, professional understanding and practical experience is the basic condition for a good lawyer. Legal affairs a lawyer is good at some aspects, to carefully from his life experience, educational background, profession, published books, handling the case (not simply look at the result and influence of key cases, handling the process and the number of cases) and other factors to determine the. But, notably, now lawyers are aware of the importance of education, therefore, some lack of occupation ethics lawyer, not the real doctor of laws, master, are printed on the card, such as master of law, title, to increase their gold content. You can peruse web site, lawyers real education, practice period information check a glance.

7, in the packaging and lawyer level

Some lawyers "in Western dress and leather shoes, dressy or foppish, to high-grade consumption places, high-grade commercial vehicle, high-grade package", rise to practice "program" in height, and emphasizes the "male lawyers must learn to use perfume".

We looked very strange, other do not say first, the famous lawyer with whom we come into contact, no one with perfume. A lot of people on the elevator that male perfume smells bad, but to rush out of the elevator. A lawyer can't depend on their own preferences, foist one's opinions upon others, which is probably why no reason people find the lawyer lawsuit.

Is it right? Good packaging is a high level of lawyer lawyer? We know there is such a law: a luxury brand, equipped with full-time secretary, open their car around everywhere, on the face of it, it should do well, but he was even appeal are not properly submitted to the court, the delay of the parties to appeal, causing very bad consequences.

Indeed, as the intangible law work, external image often become parties to judge law standard, but in fact, because of the different law realm, often adopt a different approach: general counsel need to package yourself by external things, while the high-end lawyers tend to wear casual clothes, his name is the credibility of the guarantee, is the so-called "The great form has no shape., big voice sound thin".

8, the rich, famous and level

Is it right? Rich or famous lawyer is the level of lawyers? Yes, there is some relation between, but not completely equate.

Where is the money coming from? Is the start empty-handed or inherit patrimony? Is a lawyer or do other industries have to? Do the lawyer is on level or by the judges kickbacks to make money?

Name is rely on the strength of the media or by blowing out? The remaining, we also like reading, our purpose in reading is the need for handling. Recently, in the study, we found that blind "Book hot" off the bar, do not know is to attract the source, or to the article and the article?

Some lawyers in the book, a large number of references of foreign cases, read very interesting. In fact, this as a layman pastime books also have not cannot, but no significance in understanding China legal practice. The lawyer writes, may be its do business less reason.

Some lawyers book think, "lawyers planning is the highest realm" lawyer occupation, we think this statement is true, but, more appropriate, do every single case need to co-ordinate arrangements, every step of the way. We think, the lawyer is the highest realm "mizongyi", is "the invisible sword", but must be based on a solid legal basis for backing, which is the basis for ah! Of course, higher level but also on the basis of this law, out of law, using all possible means, to reach goals.

Lawyers write like their packaging written, these books are the article and article, and even the world article a copy. In the opinion of experts, it is not deep, even without any value, but often intimidated party, even mislead social.

9, a high level of attorney can help you

Some people ask a lawyer, superstition "major suit", gazed at the "lawyer", seems to have exceptionally adept in trickery, a lawyer can turn calamities into blessings, regardless of the "lawyer" expertise in which aspects, whether with your "professional counterparts".

Don't believe the major suit lawyer, major suit law does not necessarily suitable for you, even if you signed the bill, he may not have time to consider your case, they have a lot of apprentice, maybe your case can only let his apprentice apprentice training skills, then you wronged, not to say and do not., but because you spent brand price, but bought a smuggled goods.

If the lawyers become "politician" ("people's Congress", "advisors"), or as a position in a bar in, more can be sure of one thing: he was certain the group identity, or even largely successful lawyer, and hang the title, he is more successful, but at the moment, he may not be able to do you have the business, he may become a wholesale cases give the "lawyer" lawyer "boss", he may also be due to the "official" ridden, occupied on your case, or he has very long time neglect of studying business lawyer.

Foreign major suit for you? Some into China law firm is a global well-known law firms, they have a lot of advanced experience is worth learning, but they entered the Chinese path marketing is very strong flavor. For example, a brand name only for a few months, has produced the "report" ranked China 100 strong enterprise legal risk environment, attract numerous eyeball. Like Mr Hoogewerf didn't understand why some rich would not on his list, but some said he was seriously underestimated, the country Chinese, there are too many features, how much knowledge of foreign counterparts to Chinese law? How much knowledge of China culture?

10, to quickly find good lawyers golden key

What is a good lawyer? Really suitable for your lawyer is a lawyer. Heavyweight lawyers are to build brand classic plea cases to lawyers, played the case as the basis is the golden key to quickly find good lawyers.

You through the search engine input "lawyer", "well known lawyer", "Guangdong lawyers", "Guangzhou law", "criminal law", "criminal law", "property law", "company law" and other words really can quickly search to a large number of lawyers, but it cannot by content how many, who hit the banner rang, or who's come to measure the level of lawyers.

You should see the legal document writing instruments are lawyers, lawyers and carrier concentration lawyers legal skills, word level, experience, skills, in the statement of defense, the lawyer's level, such as the clear bottom of the river, take in everything in a glance. Only to spend some time in a superb collection of beautiful things of infiltration in the orgnaization of online law case, examine the plea, representation and judgment documents, can we truly realize the style and level of lawyers, choose to suit their own lawyers.

You should see the lawyer's business expertise, their case Is it right? And his professional counterparts. Legal affairs a lawyer is good at some aspects, to carefully from life experience, educational background, profession, published books, handling the case (not simply look at the result and influence of key cases, handling the process and the number of cases) and other factors to determine the.

You should see the case of the degree of difficulty, standard size, which belongs to a legal category. In general, small case should not be "lawyer", please, please ", not to the small lawyers" criminal cases, no need to find real estate, intellectual property rights for lawyers to do, even if his name again.

You should go through the "how", review the law strength: you should have a look at the lawyer, the lawyer office environment, law collection; you should go through the lawyer's speech and deportment, inspects his oral expression ability, logical thinking ability, strain capacity and communication skills; you can also ask the lawyer pulled out his closed "judgment the book", the case handling experience and results from representative lawyer lawyer handling the case.

You should be through a variety of channels, ask about the lawyer is more or less the people, do not force the one hundred percent lawyers reputation rate, because in the current China lawyer and misunderstanding is more serious, but a good lawyer will win the majority of the people recognized.

You can also set up around the case, some of the problems, ask the lawyer: how to judge the legal case? What countermeasures should be taken? Ability to predict movements or processing results in the case?

You can put the vision to relax a little, to find a lot of lawyer's personal data, which are selected from several "candidates", comparative law culture, their professional experience, expertise, work style, social influence and social experience, also can by telephone and letter forms and their preliminary communication, "throw a stone to clear the road". True gold does not fear fire, the strength of the lawyer is able to withstand "than".

You should also look at the standard fee: see the lawyer charge, can not simply look at the lawyer fees, that "expensive" and "not expensive" conclusion. You should put the case of difficulty, complexity and the lawyer may into the office expenses, pay the intellectual labor quantity, quality is compared, so Mozhun the lawyers "market"; you can according to the lawyer's quotation, goods than three, of course, the uneven quality of lawyers, the style of work train of thought, be totally different, costs, charges "grade" is very different. "The purchase contract is like a dead station, developers to property buyers leave almost no action space." A Shenzhen lawyer said. Therefore, after combing the dozen "overlord clause", lawyers also almost can not give any property buyers feasibility rights opinions. This problem from the law, procedure, system level to solve. And what are the Hongkong experience. The Hongkong Legislative Council and lawyers, real estate practitioners in Nandu interview, reporter heard most of the two words is "equivalence", is not only the information equivalence, and program equivalence, and urge the parties in a professional capacity equivalent to the property market in Hongkong, a more mature legal environment.In addition, although the professionals that laws and regulations may not be perfect, but the government has shown in the independent position, border supervision, all show a high degree of recognition.

The old and the new information forced release, information equivalence

Meet the purchase disputes the most painful not doomed to be lost, but this appeal in the contract did not mention.

Hongkong developer sales department general manager Tian Zhaoyuan told the reporters, the government in promoting information equivalence, especially the forward delivery housing sales, also the corresponding norms, "for example, in the 7 day of the project pre-market, must be open to distribute property description, one must specify the housing area, material supporting, must be in the building housing model, at least one Shimizu housing demonstration, let prospective buyers are the most intuitive understanding for future delivery of the property". Tian Zhaoyuan introduces, clinch a deal the information about the project, the government also provides developers must be published in a certain period of time, and at the same time, the disclosure of which relates to the developers of the board members and their immediate family members of the transaction.

In order to information equivalence, but also query for all kinds of information in the open, a reluctance to disclose the names of the Legislative Council of Hongkong staff told reporters, Hongkong in the land registry, there is every record every property, from the beginning of a piece of land, to every transaction documents, all open to the public inquiry, "as long as you have a friend in Hongkong, he has a property in Hongkong, the address is entered, you can find all the information the property". He also added, the fee is not expensive, a general 10-20 yuan.

Because each developers provide the format of the contract are not the same, so on the contract "pages", the reporter did not have a unified digital in this interview, seems to have guests encounter different contract to hundreds of pages, pages from the pages of unequal. Can confirm that, for sale at the time of the developers, must be synchronized to the future contracts of sale, which the government mandatory information, such as the quality of housing, basic situation, planning, must appear, through the two approval, the contract is generally not allowed to modify, Tian Zhaoyuan stressed: "can't consent granted to pre-sale clause to make changes."

The property only need to pay the 30% limit

"In the mainland to buy a house, the house is not possible, have all 1629 paid developers, but in Hongkong, repossession before payment proportion is generally not more than 30%." Colliers International (Hongkong) residential sale department executive director Pan Weiji think, this is his participation in both the real estate transaction process, the deepest feelings of different. He introduced, Hongkong in Shoufang before, two times the deposit only accounted for the total limit of 10%-30%, the rest in Shoufang after 1-2 months can be paid, and the mainland buyers, in addition to the first payment of 30%, the remaining 70% 1629 actually also to property buyers, bank loan guarantee payment to the developers, in other words, the real is not acceptance, developers have got 100% of the loan, and China traditional business of "delivery" seems to have access.

You can forward delivery housing in the first 1 months of acceptance

In the purchase process, the two different procedures is also reflected in the approval process. Hongkong forward delivery housing acceptance, within the agreed time occupation before about 1 months' notice to the owner, the owner found problems, developers will repair in these 1 months, to ensure that came in terms of occupation time, owners can receive a property no problem. And the mainland at the appointed time to the owner occupation, "the key" as a sign of action, they declared a occupation, owners also pay property costs synchronous began to assume obligations, as to when the repair is completed, will enter a new round of open-ended consultations. So, we often see in Shenzhen owners forum, delivered 10 months of property charges, but does not include live house.

The contract is a lawyer to lawyer, buyers do not play

Property buyers in the face of the issue, also want to resort to the law, but after be communicated with lawyer found that the purchase contract is already signed beautifully, you said it is the terms of overlord or, say it is the unequal treaties or, the key is, these Provisions have been made of ultra high degree of difficulty for the reasonable rights.

Hongkong purchase except the first signing of the temporary purchase contract sold by property buyers in person, a contract for the sale of the formal contract for the sale of follow-up and final transfer of property rights, by the agency lawyer. Buyers can choose to entrust a lawyer, can also choose and developers share the same lawyer. Share one lawyer, would be detrimental to property buyers? "If this is the case, property buyers could be the lawyer to court, and asked the lawyer to compensate the fault, if the law itself inadequate compensation ability, and the insurance company for compensation." Huang Pan Chen Luo, lawyer for founding partner Huang Zhiming to the south are reporters, lawyers in Hongkong are the most basic insurance, and many people will buy additional, regardless of whether the agent real estate transaction will be.

Even so, the lawyers are preferably to property buyers more thinking space.

The government provides support for the key link

In Hongkong real estate industry, the government is actively involved in, but also to the market and legal independence of the dialogue, in the definition of government functions, almost get interview guests praise.

Forward delivery housing "in the sales process, even property buyers to apply for loans in built before, but the money is not allowed to completely to developers, regulatory law firm must give to the independent, the future with the construction schedule, the developers of the architect to provide proof of funds to the firm, step by step again to pay the corresponding amount, for example to build up to 50%, it only pay 50% money, built to 70%, then pay more than 20% of the money, to ensure dedicated." Huang Zhiming introduced, at the same time, commitment to bank loans, the government will also supervise the issued by the guarantee, does not allow temporary withdrawal, in order to ensure the completion of construction.

In the acquisition process, the Hongkong government showed independent oversight. Pan Weiji introduced, in the construction is completed, the lands department organization planning acceptance, qualified after a satisfied paper (certificateof com pliance), and by the buildings department approval of building structure safety, after passing the OCS (O ccupationPerm it). Since then, the developers can convene repossession.

Dacheng Law Firm Hongkong branch senior partner and executive director Shi Ruolong is introduced, after his business, have encountered developers in the sales, such as a total of 100 units, to sell 10 units, the remaining 90 sell slowly, so does not sell the property is not required to pay management fees, for the 10 units have been the occupation is not fair. Then the government on public management issued norms, whether sold sold not, developers have to pay management fees.

Hongkong purchase process and contract

Hongkong selling flowers, which we used to sense of forward delivery housing pre-sale, must first be approved by the government, developers in the future for the purchase contract, also need to be submitted to the government for approval at this stage. In the forward delivery housing sales process in the future, the seller and the buyer usually at least three contract signed.

1 Provisional sale and purchase contract. Property buyers to understand the property through advertising, Loushu, sales offices display, go to the sales offices signed the "subscription agreement", namely the provisional sale and purchase contract, to pay 5% of the purchase, the industry known as the small set. At the same time, agreed to sign a formal contract time. On a temporary contract to get in, the reporter saw the agreement content is relatively small, in addition to Italy, buy a house property information, most of the content is about the future, then initial deposit period, prices of deposit balance amount and payment of the agreed time.

2 formal sales contract. The general is in temporary contracts within a week, the property buyers to developers designated law firms signed a formal contract, from the beginning of this phase, all movements of property buyers must be accompanied by lawyers, can choose to appoint their own lawyers, developers also can hire lawyers. The formal contract will generally be sales time, the way of payment for more detailed agreement, plans the contents as attachment appeared. This contract was signed within 90 days, property buyers to pay 5%-10% as again, commonly known as the big set, total deposits at the total payment of the total 1629 generally not more than 30%

3 of the purchase contract. The mainland legal entity to the registration and transfer of attention, after the transfer of property rights permit for the property as a symbol, but the law of Hongkong on the program, there is no real evidence, the sale contract to transfer property from developers to property buyers hands. According to the property buyers list, one by one point, the general property in a 3-6 month maintenance period, quality problems during the may inform developers to repair.

In this stage, buyers need to pay end the money, usually limit the total number of 70%-80%. therefore, every time the transfer of a house will have a set of documents, from the land, the initial planning to the transfer, these files are archived, when this suite Koshita Ichiji transfer, purchase the lawyer also need from the first set of documents to confirm the query, property is defective.

This version of respondents

Pan Weiji Colliers International (Hongkong) residential sale department executive director

Tian Zhaoyuan letters and home sales department general manager

Shi Ruolong Dacheng Law Firm Hongkong branch senior partner and executive director

Huang Zhiming Huang Pan, founding partner of Chen Luo law firm

The staff of Hongkong Legislative Council

The world bank marketing

Dialogue

Both a lawyer bargaining

Nandu: Hongkong commercial housing sale process, both parties have equal bargaining power? What are the measures to protect the interests of the seller and the buyer?

Shi Ruolong: in principle both ways. However, the buyer is only natural person, the seller is the enterprise, or the buyer mentality more anxious, or the information is not comprehensive enough, will affect his bargaining power. When speaking of safeguard measures, the law in Hongkong, there are two aspects, is a protection from the procedure. Hongkong is one of the real estate, must pass a written trading, the two sides signed the contract protected by contract law. The second is from the professional capacity to promote peer, from the beginning of the formal contract, then the need for documents and payment by lawyers for delivery, relates to the risks of business process, must be made by a lawyer, in order to protect buyers and sellers in a professional capacity more equivalence.

Erect to default as advertising sales contract

Nandu: developers advertising, Loushu publicity materials will become part of the contract?

Huang Zhiming: not yet, but the government's legislation, the advertising, sales brochures and other promotional materials of default is an integral part of the contract. There is mention of this round of legislation, some developers to create hot scenes, it has 100 units, but only the first sale of 5 units, and continuously adjust the price, the future will have clearly defined. In addition, the future will provisions such as demonstration units, deliberately with some small furniture, good is spacious, may also not be allowed.

Shi Ruolong: in addition, people in Hongkong love like a swarm of bees queuing at the new premises, the developers "panic buying" scene, the property buyers worried that a few days later will rise, although not very standardized, but this is not a simple question of law, the people themselves should be more rational and calm to purchase.

Check out due to land issues, rather than the house itself

Nandu: general because of the purchase of any litigation will focus on what aspects? What is the cause?

Huang Zhiming: I experienced the 3 wave of the property market, not too much of a building procedure, because all of the contract one floor is more normative, most contracts are approved by the local government, the dispute is not. I met a real action in house prices, small buyers can not afford, usually hope I find flaws check-out, and defects generally occur in the land of history, rather than the house itself.

Shi Ruolong: the purchase procedure is generally a contract dispute, Hongkong has no restriction, speculation once encountered price fluctuation, it may become a breach of contract, disputes.

Mainland prices, not in place of the principle of reciprocity

Nandu: Shenzhen's recent despot provisions of the purchase contract has become the focus of public concern, from the professional point of view, why will appear this kind of circumstance, and how to improve?

Shi Ruolong: I have four different terms are also concerned about the Shenzhen media reports, these are the mainland significant situation. Personally feel that the mainland "equivalence principle" is not in place, especially the purchase process not to hire a lawyer, entirely by the developers themselves to decide the quality of risk. Hongkong on the one hand, because the local small, developers know too much, in addition, the whole developers are fairly standard, together with the government also has a lot of standards introduced, so relatively safe. Moreover, Hongkong whether the real estate market, and legal environment, it should be said that it is more mature, such possibilities and therefore less.

Huang Zhiming: Hongkong real estate law is relatively fair, in full view of the world, is the more advanced. The government supervision, but not overly involved, the market in the development process, continue to accumulate experience, improve the trading. For example, the government of Hongkong on the terms of overlord supervision is also very strict, Yishoufang sales contracts from the government approval, some provisions can not be changed, such as public space, approved the construction of what is the future, others must be what. So Hongkong is less prone to despot provisions, at least not be so in a flagrant way.

Temporary contracts have the buyer's lawyers involved in the

Nandu: Hongkong property buyers how to protect their rights?

Shi Ruolong: Although both basic equivalence, but overall as property buyers can see that their future real estate is not to buy, or some risk, so we need to have more time to study. When I was a child, parents often say, buy feelings in different situations, sunny, rainy, day and night to study it.

Huang Zhiming: I think Hongkong is the purchase contract, the biggest flaw is that temporary sales contract the buyer is not lawyers, but the contract has the legal effect. Not recommended for casual on temporary contracts, the best first to the lawyer look, find a lawyer is not convenient, you must look carefully, the fine print to look carefully. There is a proposal to join the "cooling off period", as in Hongkong to buy insurance, after signing the contract, if it within seven days, also can not buy, and need not assume what responsibility. But this difficult to achieve, at least in Hongkong in this round of the real estate law, no mention of.