The seventh chapter   Commercial housing delivery time (delivery, transfer procedures) and the initial registration                            

(certificate), the buyer of all housing (small property permits) management and achieve

                               

The first commercial housing delivery time

Ninety-fifth general provisions

The 95.1 word definition

Commercial housing delivery time: refers to the developer and the buyer agreed in the contract for the sale of commercial housing developers in the delivery conditions of use of the housing to the buyer delivery, the buyer's inspection and acceptance of the housing deadline.

The 95.2 law

"Sales of commercial property management approach" the provisions of article thirtieth: real estate development enterprises shall be in accordance with the contract, will meet the conditions referred to the use of commercial housing delivery to the buyer. Failed to deliver on schedule, the real estate development enterprise shall bear the liability for breach of contract. Due to force majeure or other reasons the parties agreed in the contract, to delay delivery, the real estate development enterprise shall timely inform the buyer.

"Judicial interpretation" of article fifteenth, article seventeenth it is also stipulated.

The ninety-sixth article of the law for the buyer to provide legal services to the content

96.1 review the contract delivery of commercial housing for the agreed deadline, the developers failed to about commercial housing delivery, to guide, to assist the buyer fixed evidence, and in accordance with the contract, to exercise the right to rescind the contract.

96.2 reviewing whether the developer has agreed in accordance with the provisions and the corresponding complete delivery obligations, such as, is about to pay property repair funds, whether to obtain the "residential use permits" etc..

The ninety-seventh article of the law is the key content of the buyer to provide legal services

In the developers failed to about commercial housing delivery, should be timely issue legal opinion book to inform the buyer of the contract in accordance with the provisions of law and the rights, and how to exercise their rights.

The ninety-eighth article of the law risk for the buyer to provide legal services tips

Attention should be paid to the contract for the delivery time to achieve the requirements, such as whether the requirements must be notified in writing as the premise, the developers did not press about written notice, shall inform the buyer of the delivery time can be regarded as developers not according to others.

 

The second section (delivery of commercial housing transfer procedures)

Ninety-ninth general provisions

The 99.1 word definition

Commercial housing transfer (delivery program), the developer and the buyer agreed in the commercial housing sales contracts, developers will comply with the conditions referred to the use of housing and deliver to the buyer, buy process by checking and accept housing.

The 99.2 law

"Sales of commercial property management approach" the provisions of article thirty-first: real estate development enterprises commercial housing sales model of the housing, should be on the actual delivery of commercial housing quality, equipment and renovation of the housing consistent with the model, no description, the actual delivery of commercial housing should be consistent with the model room.

"Sales of commercial property management approach" the provisions of article thirty-second, the sale of commercial housing, real estate development enterprise shall, according to the "commercial housing to implement quality assurance provisions and residential use brochures system" (hereinafter referred to as "Regulations"), provide to the buyer "residential quality guarantee", "residential use of brochures".

"Sales of commercial property management approach" the provisions of article thirty-fourth, real estate development enterprises should be in the commercial housing delivery before use, according to the project entrusted with the property mapping qualified units of Surveying and mapping, surveying and mapping results reported by the real estate administrative departments for housing management authority in the registration.

"Sales of commercial property management approach" the provisions of article thirty-fifth, the use of commercial housing delivery, the buyer that the main structure of the unqualified, can be in accordance with the relevant provisions of principal engineering quality testing agencies to re certification. After verifying, indeed the main structural quality is not qualified, the buyer has the right to return a house; damage to the buyer, the real estate development enterprise shall bear the liability for compensation according to law.

      "Judicial interpretation" of the provisions of article eleventh, possession of the transfer of housing, as housing delivery, except otherwise agreed by the parties. Risk property is damaged or lost, shall be borne by the seller before delivery, after delivery of the buyer; written notice by the people to buy the seller, rejected without any justifiable reason, damage to housing, the risk of loss is determined by written notice of the date of delivery by the buyer bear, but otherwise or the parties stipulate otherwise.

     "Judicial interpretation" of the provisions of article thirteenth, the housing quality problems seriously affect the normal residential use, the buyer requests rescission of the contract and compensation for losses, shall support.

The 100th article of the law for the buyer to provide legal services to the content

100.1 field accompanied by the buyer to the housing inspection, in accordance with the law and contract, proposed the existence does not conform to the rules and conventions, and inform the buyer's rights.

100.2 of housing quality problems exist, and the developer in accordance with the legal provisions and the stipulations of the contract negotiations, to ask for compensation or bear the penalty, the drafting of negotiation protocol, when necessary, inform the buyer can exercise the right to rescind the contract.

100.3 the area of housing exist, and the developer in accordance with the legal provisions and the stipulations of the contract negotiations, to ask for compensation or bear the penalty, the drafting of negotiation protocol, inform the buyer the right to rescind the contract can be exercised when necessary.

100.4 to assist the buyer for the housing transfer procedures.

100.5 to assist the buyer to review, signed the relevant agreements, such as the owners Convention, undertaking etc.. If the commercial housing pre-sale contract signed, has signed a temporary owners Convention, shall review whether the content of the original agreement with change, and the changes of legal significance of the buyer.

100.6 to assist the buyer shall go through the formalities of property management.

The 101st article of the law is the key content of the buyer to provide legal services

101.1 review the sale of commercial housing contract existence can be revoked or invalid, if there is such a case, it shall issue a written legal opinion to inform the buyer, and provides corresponding solutions.

101.2 where the contract does not exist can be revoked or invalid situation, continue to review the contract for delivery standards, delivery process, the liability for breach of contract, the terms of the termination of the contract, and inform the buyer.

The 101.3 review of the real estate project has released all kinds of advertising and promotional material, can constitute an offer content, should inform the buyer as one of the handover inspection content.

101.4 Review whether the contract agreed to the housing and the housing model, or which are the same, inform the buyer as one of the handover inspection content.

The relevant documents 101.5 review developers should possess, including may need to plan approval document of approval, the completion of the construction project for the housing area mapping table, the actual report, "residential quality guarantee", "residential use of brochures" and other laws and regulations or the contract and other documents, for not providing the documents as required, to buy the man can refuse to accept housing.

101.6 as the buyer's lawyer, taking into account the housing need very rich architectural professional knowledge, can prompt the buyer shall entrust a qualified inspector inspection, lawyers should assist evidence fixing work. The housing includes apartment layout, orientation, structure, height, area, decoration, heating, heating and so on with the original contract agreed.

101.7 for the transfer of housing quality problems exist, we should distinguish the different quality problem be treated differently. Should first determine whether the quality of qualified, if the two sides have significant differences, should be entrusted with the housing quality inspection departments qualified to identify. For the quality of qualified, housing quality problems with some small, can be in accordance with the warranty agreement, require developers to assume the obligations of maintenance and repair; to the quality problem cannot be repaired but does not affect the normal use of the house, through consultation, to the damages in the form of address; for the quality of unqualified, the developers to qualified before repair, can be rejected; or to exercise the right to rescind the contract about.

Treatment of 101.8 for the area of inconsistent with the agreement. According to the "Regulations" sales of commercial property management, commercial housing construction area comprising the construction area and sharing the common construction area, the area comprising the construction of some independent property, a total construction area of assessment as part of the common property, the buyer shall enjoy the rights according to the provisions of the laws and regulations, bear the responsibility. General should register with commercial housing property area for the actual area, if the developers or buyers who have objections, can be entrusted with the identification unit qualification re mapping. The buyer may in accordance with the provisions of the contract agreement or law, compensation or the exercise of contract rescission right area.

101.9 identification to be delivered in the house in Sheung Shui, water, electricity, heating, gas and other municipal infrastructure, check the equipment condition and using condition, such as inconsistent, missing or damaged, shall make a written record in detail, and real estate development enterprises written commitment to replace or complete date.

101.10 check the elevator, public green space, public roads, public parks, kindergartens, schools, clubs, shopping malls, sports facilities and other public facilities are on schedule to achieve the agreed conditions.

101.11 tips to the delivery of housing and check blocks, in the area of design or plan is change. General for non Xianfang sales of commercial housing, the contract will finally approved the contract design and planning changes to the government sector as the standard, so that, in the design or plan has changed, it should confirm whether the approval of Department of government departments, unless approved by the government departments, developers may need that bear the responsibility of default, suggest to buy the people therefore rights.

101.12 if the buyer to buy commercial housing purchased in conjunction with underground parking, should remind the buyer of the underground parking is acceptance, and whether it is consistent with the agreed to check.

Based on the 101.13 judicial interpretation of the provisions in law or contract, the transfer of possession is deemed to be delivered, and generally will mark the key housing handover, as the transfer of possession so, accept the buyer delegate, to remind the buyer in the housing delivery, do not have the conditions, should not easily accept the developers to provide key housing, in order to avoid unnecessary disputes.

101.14 if in accordance with the legal provisions and the stipulations of the contract, the buyer to terminate the contract, as the buyer of the lawyers should be prompted, assist the buyer to terminate the mortgage contract; if the lifting of the mortgage contract, the buyer of the loss, lawyers should be prompted to assist the buyer to claim for compensation from the developers.

101.15 in the housing field acceptance by, according to the actual area, and the final settlement 1629 developers, and developers in accordance with the law to obtain a copy of the invoice.

101.16 from the developers or the hiring of the property company to obtain housing key, confirm the common base water, electricity, coal.

Whether the 101.17 review first property developers to company performance to meet the requirements, not in accordance with the requirements of the situation, should issue legal opinion book to inform the buyer of the rights.

101.18 to guide the buyer signed property management service agreement with the property management enterprises, guide the buyer for the property management fees, fees.

The 102nd article of the law risk for the buyer to provide legal services tips

102.1 Should be in accordance with the "sales of commercial property management approach" thirty-first to thirty-fifth "and" judicial interpretation of eleventh to thirteenth, the principle of the law of commercial housing delivery, combined with the actual buyer signed housing contracts of sale, issue a written legal opinion guiding, which should pay special attention to the delivery of housing should have the standard and the corresponding legal consequences.

102.2 in accordance with the agreed standards developers failed to housing delivery, should be legal opinions issued in a timely manner, inform the buyer of the rights.

 

In section third, the buyer of all housing (small property permits) management and 103rd general provisions

                                   

The buyer of all housing (the small property right card) is the certificate of ownership housing commercial housing, generally by the buyer in the developers to deal with the.

"Sales of commercial property management approach" the provisions of article thirty-fourth:...... Real estate development enterprises in the commercial housing should be delivered within 60 days from the date, will be required by the housing management authority for the registration information submitted to the location of housing real estate administrative departments. Real estate development enterprises should assist the buyer to the land use rights and housing ownership change registration procedures.

"Judicial interpretation" of the provisions of article eighteenth, due to the seller, the buyer in the following expiration failed to obtain housing ownership certificate, unless otherwise agreed by the parties, the Seller shall bear the liability for breach of contract:

 (1) the sale of commercial housing contract with the housing ownership registration deadline;

 (2) the sale of commercial housing contract object has not yet built housing, since housing delivery date of 90 days;

 (3) the sale of commercial housing contract subject matter for the completed housing, since the conclusion of the contract within 90 days from the date of. No breach of contract or agreement is difficult to determine the amount of loss, can according to the total prepaid purchase, calculated with reference to provisions of the people's Bank of Chinese financial institutions of interest on overdue loans standard.

"Judicial interpretation" of the provisions of article nineteenth, commercial housing sales contracts agreed or "Regulations" City real estate development and management thirty-third rules for more than 1 years of housing ownership registration deadline expires, the reasons of the seller, the buyer was unable to handle the housing ownership registration, the buyer requests the termination of the contract and compensate for the losses, it shall be supported.

The 104th article of the law for the buyer to provide legal services to the content

104.1 Guide, assist the buyer for the commercial housing of housing management authority certificate.

104.2 as a result of developers reasons can not handle the housing management authority certificate, assist the buyer in accordance with the law for compensation or rescind the contract. The 105th article of the law is the key content of the buyer to provide legal services

Buyer for the house ownership certificate in assistance, authorities need to local or its official website, query the required information, tax fee standards, and procedures, and suggested that the buyer, also can consider the issue legal opinion book form. As in Shanghai, the general process is: first to developers Department signed the housing transfer, and then to the designated bank to pay the repair funds, to carry the transfer of housing, proof of identity, the full invoice to the local authorities to pay taxes, and finally to carry these data to the local administrative department of processing window for the buyer all of the housing (property rights certificate).

If a developer for, is in accordance with the developers to provide all the information, should allow developers to sign, not because the buyer of incomplete information lead to can not handle the buyer housing all the warrants (small property permits) dispute.

If developers reasons, which can not handle the housing ownership certificate, should prompt the buyer the right, and to assist the buyer negotiations with developers, requirement bear the penalty or damages in accordance with the contract, and request to terminate the contract.

If in accordance with the legal provisions and the stipulations of the contract, the buyer to terminate the contract, as the buyer of the lawyers should be prompted, assist the buyer to lift the mortgage loan contract. And if the lifting of the mortgage contract, the buyer of the loss, lawyers should be prompted to assist the buyer to claim for compensation from the developers. The 106th article of the law risk for the buyer to provide legal services tips

At this stage, their task is to the local competent department or its official website, search for the buyer of all housing (small property permits) all the data needed, including the need for developers to assist in providing information, and issue legal opinion book inform the buyer.

The fourth day the acquisition of property right risk

(Shops, and residential construction project a priority claim)

107th general provisions

"Contract law" provisions of article 286th, the employer fails to pay the price in accordance with the contract, the contractor may demand that the employer to pay the price within a reasonable period of time. The employer fails to pay, in addition to the other project is unfit for discount, auction, the contractor may consult with the employer to convert the project into money, or apply to the people's court to auction the project according to law. The construction proceeds shall be discounted or auction price first refusal.

"Official Reply of the Supreme People's Court on the priority of construction project payment issues" (hereinafter referred to as the "reply") the provisions of article second, consumers to purchase all or most of the commercial housing funds, the contractor on the project of commercial housing enjoy priority of payment shall not be against the buyer.

"Approved" the provisions of article third, construction project price include the contractor of construction projects shall pay the staff remuneration, materials, real payments, not including the Contractor by the employer loss by default.

"Approved" the fourth regulation, the construction contractor to the exercise of the right of priority for a period of 6 months, counting from the date of completion of the construction project or a construction project contract completion date.

The 108th article of the law for the buyer to provide legal services to the content

108.1 to guide the buyer according to the "reply" to purchase all or most of the commercial housing funds, to ensure that the priority of claim against the buyer cannot.

108.2 construction for initial registration (certificate) before being sealed, resulting in not in accordance with the contract, the delivery of housing, to the buyer housing all the warrants (small property permits) circumstances, guide, assist the buyer in accordance with the law, the contract agreement and the actual situation of the protection of their legitimate rights and interests.

108.3 in the event of construction engineering are discounted or auction, and does not belong to the "reply" provisions against the priority right of the buyer, guide, assist the buyer negotiator with the developers, and properly handle the termination of the contract.

The 109th article of the law is the key content of the buyer to provide legal services

109.1 to assist the buyer to notice (pre-sale) registration. It is based on the sale of commercial housing in the real property transaction, the buyer is often weak, if not for the registration, is likely to cause a room two sell, the buyer's rights can not be achieved. So, must assist the buyer in accordance with the provisions of, developers, advance notice registration (pre-sale).

109.2 Inform the buyer pay the legal significance of most or all 1629, if the buyer chooses to pay small part of 1629, shall issue legal opinion book in time.

109.3 Once the project is discounted or auction, and the construction units to exercise the priority right case, even if the real estate certificate temporarily unable to get through, but also should be based on the actual situation, suggesting that the buyer the correct choice of legal means to safeguard their own rights and interests. Because in the process of engineering construction, developers need to pay not only works, often have bank loans, and the priority of payment for construction of project, also means that the bank loan repayment in the project after the order, if at this time, the buyer to terminate the contract, return the paid real money in bank loans after that, it may not get the compensation. Therefore, the appropriate rights means need lawyers to assist the buyer choice at this stage.

The 110th article of the law risk for the buyer to provide legal services tips

According to the work schedule and the actual needs, issue legal opinion book in time, especially if the project was closed down before the property permits, housing can not be delivered on time, the buyer is unable to obtain the buyer housing all the warrants (small property permits) conditions, how to safeguard their own rights and interests as well as the corresponding legal and reality the consequences of such, and do the work in a fixed sign, job content.

                                   

The eighth chapter Litigation, arbitration before the mediation

 

111st general provisions

Commercial housing sales contracts disputes before entering the litigation or arbitration procedures, the provisions of the two sides can refer to this guide, agreed in the contract or the contract after the common choice of mediator, mediation, in order to achieve fast, efficient, low cost to solve disputes.

Determination of 111.1 mediator

111 · 1 · 1 mediator can choose provincial Lawyers Association experts in the construction and real estate professional committee of experts, executive director of the Civil Service Commission, provincial or local lawyers associations or consumer associations recommend, both sides can be selected by a facilitator for mediation or mediation team composed of 3 mediator mediate.

111 · 1 · 2 by 1 mediator mediation, the mediator is determined by both the common choice in the expert database. The choice by the mediation team to mediate, each select 1 experts, to jointly select 1 experts as mediation team, by a notary in both the presence of a lottery to determine.

111 · 1 · 3 if alternative mediator list has been included in the contract, unless the person is unable or unwilling to accept as a mediator, both sides should choose alternative list.

111 · 1 · 4 if the parties have agreed in the contract or the two sides agreed period of time failed to agree on the choice of a mediator or facilitator, the common choice of refuse to perform their duties or fails to perform his duties after 14 days, both sides failed to agree, then according to the contract agreed bilateral mediation procedure.

111 · 1 · 5 mediator of remuneration, including other costs of mediation, should be agreed in the parties select conciliator, shall be borne by both parties respectively the above-mentioned remuneration and fees by half.

111.2 mediation prepared

The mediator or mediation team leader must according to the specific situation of the case, planning for mediation of time, scope, participants and issues the order. Mediation the two sides must prepare relevant materials, for display or access.

111.3 Mediation Program

111 · 3 · 1 Mediation presided over by the mediator or mediation team leader, can refer to the arbitration tribunal proceedings. The parties to the dispute are fully illustrated, according to law, contract, trading habits, based on equality, mutual understanding of the principles of seeking conciliation scheme.

111-3 2 in the process of mediation, can choose a package solution of dispute matters, but also on the part of the first agreement disputes, the disputes for solution.

111.4 mediation time

The mediator mediate time generally not more than 56 days is appropriate, avoid long tune never affect the interests of both principal.

111.5 mediation effect

111.5.1 In the process of mediation, the matters that should be promptly agreed to manufacture into the meeting minutes, supplementary agreements and other written documents, make both sides signed or affixed with legal person's cachet or contract seal.

111.5.2 the two sides such as not the distribution of rights and obligations of the dispute agree, can also be used for the sale of commercial housing contract case process confirmation, to fix the fact, facilitate the continued negotiation or litigation.

111.5.3 regardless of whether the two sides reach an agreement, the mediator or mediation team shall make decision within the prescribed time limit of mediation mediation, the mediation shall be binding, unless one party or both parties after receiving the mediation decision within 14 days from the date of notification sent by the other side does not recognize the mediation decision.

Any party received in the mediation decision within 14 days from the date of approval notice sent by the other side does not mediate, mediator or mediation team makes the mediation decision shall not be binding on the parties. If the mediation fails, both parties shall have the right in accordance with the contract about directional court or arbitration.

If the contract is the pre procedure of arbitration or litigation mediation, either party without mediation directly into the arbitration or litigation procedure, it may be rejected in arbitration or litigation.

The 112nd article of the law for the buyer to provide legal services content

A lawyer shall assist the buyer selected.

Lawyers should be well prepared to collect the mediation, the mediation related information and systematic collated and summarized, and submit to the mediator.

Lawyers in the mediation process, summed up the focus of controversy shall and form written comments submitted to the mediator.

A lawyer should remind the buyer in the mediation process in strict accordance with the mediation procedure agreed in the contract and related terms.

The 113rd article of the law is the key content of the buyer to provide legal services

Mediation expires if not yet reach a mediation agreement, the lawyer shall timely notify the intermediary and developers to terminate the mediation, prevent long.

If the buyer received the mediation decision shall not be approved, the lawyer shall promptly report to the intermediary and the buyer that is not recognized, and began to conduct litigation or arbitration preparation. The 114th article of the law risk for the buyer to provide legal services tips

If the contract is the pre procedure of mediation arbitration or litigation, a lawyer should remind the buyer without mediation directly into the arbitration or litigation, may in the arbitration or litigation request was rejected.

The buyer shall pay attention to the relevant contract agreed time limit stipulated in the contract, such as after receiving the mediation decision within 14 days from the date of approval notice sent by the other side not to mediate, and on the 56 day period after the expiration of the mediation timely notice to terminate the mediation.

                                    

The ninth chapter The lawyer to provide non litigation legal services for a buyer's own risk prevention and related content

The first section lawyer and client signed entrustment agreement, performance and related content

The 115th agreement signed before the developer of the audit and investigation

The buyer audit and investigation of developers (reference eighth)

Article 116th stake in review

A lawyer should be according to the "law occupation ethics and disciplinary norms", "code of conduct", "lawyer law firm management approach", review of law firms and lawyers and clients interested.

116 / 1 Conflict of interest, is that there is a conflict of interests between the matters entrusted with a law firm agent and the other matters entrusted by the client, proxy situation related to the interests of the client directly influence.

116.2 in accepting the entrustment, the lawyers and the law firm should be a conflict of interest. Not only the conflict of interests between the clients circumstances can establish principal-agent relationship.

116 / 3 to accept the client entrust lawyers have knowingly litigation partner or conflict of interest has commissioned a lawyer who is near relatives or any other interested her, should be avoided, but the two sides except the principal issue exemption letter.

116.4 lawyers in the Commission after know opposite party of the litigation or conflict of interest party appointed lawyer who is near relatives or any other interested her, should be timely will this relationship explicitly tell the client. The principal objection, lawyers should be avoided.

116 / 5 Lawyers in the Commission after know opposite party of the litigation or conflict of interest party has appointed a law firm lawyers, lawyers for both sides negotiated termination shall be entrusted party, if no agreement is reached through consultation, and after signing the contract party or not to pay legal fees of a party is entitled to terminate the trust relationship.

116 / 6 Once in the previous legal affairs acting party legal affairs law, even after the dissolution or termination of agency relationship, also can not accept the opposite party has the conflict of interests and former clients entrusted to handle legal affairs, the same, unless the former principal to make written consent.

116 / 7 Once in the previous legal affairs acting party legal affairs law, shall not use the relevant information from the former principal is not conducive to the previous legal affairs in the same or similar legal affairs, unless permission is the former principal, or have enough evidence to prove that the information is It is evident to anyone.

116 / 8 Legal affairs client intends to employ lawyers, is before the lawyer lawyer occupation was a government official or judicial personnel, the personnel identity dealt with affairs, lawyers and the law firms should be avoided.

116.9 a lawyer shall not represent both parties involved in the same non litigation legal affairs.

116 · 10 lawyers in without the consent of the client with the consent of the other party, shall not accept the entrustment to handle other legal affairs, but commissioned Banjie matter except.

116.11 lawyers shall borrow the advantage of providing legal services for the interests of the parties, including but not limited to speculative, obviously lower than the market price of commercial housing purchase behavior.

117th a commission agreement

117.1 principles

A law firm shall determine the "unity, unity, unified standard charges were" principle.

117.2 inclusion criteria

The requirements of clients and claims shall be in accordance with the "PRC law" (hereinafter referred to as the "lawyer law"), "the lawyer occupation behavior norms" of the relevant requirements, to the requirements of clients and that illegal, it was pointed out that refused to accept the views of lawyers, in violation of the provisions of "lawyer industry to avoid conflict of interest rules other circumstances", commissioned and it's not at.

The 117.3 principal program

 (1) received the lawyer entrusted by qualification;

 (2) fill out the "approval form" case, director of law firm lawyers sent or supervisor approval, specifying the lawyers or according to the requirement of client to specify the undertaking lawyer;

 (3) signed the "principal agent contract" in two copies, commissioned a collection, the undertaking lawyer attached file a;

 (4) the client in accordance with the "principal agent contract" agreement, pay the lawyer fees;

 (5) for case registration, a record number.

The 117.4 principal agent contract terms

A lawyer should have the scope of agency, the matters entrusted agent content, agency authority, agency costs, agents are discussed with the client, the consultation agreement, signed by the law firm and the client agency agreement or confirmation of the principal.

117.4.1 Scope and content definition of non litigation legal services

 (1) lawyers and developers signed the project non litigation agency contract shall include the following contents:

The lawyer non litigation services project survey, has made the relevant documents of the name, the progress of the project.

The main contents of the legal services:

Marketing agent negotiation;

The drafting of house notes, deposit contract, subscription book, subscription book, and modify the sale of commercial housing contract and the supplementary agreement, the property services contract and the owners of the Convention and other legal documents;

Issuing legal opinions;

Answer customers on legal advice in this project;

For project cooperation negotiations with the mortgage bank;

Supervision of commercial housing sales contracts signed after the performance;

Treatment of commercial housing delivery related legal problems. A lawyer should have detailed agreement based on consultations with the developers service scope and content.

 (2) the lawyer and the buyer signed the non litigation agency contract shall include the following contents:

 The credit to developers of the investigation;

 The legitimacy of the survey of project sales;

 The review developers Loushu, advertising and other promotional materials;

 The review draft contract orders, developers, the supplemental agreement, accessories and other legal documents;

 The proxy client negotiations with the developers;

  The proposed law legal advice, counsel should be in accordance with the buyer consultation service scope and content of the specific agreement.

A lawyer in a non litigation legal services contracts, should be clarified and range of services, so that it has a measurable, to avoid disputes.

117.4.2As the sale of commercial housing by market factors and other various reasons, if the range of developers commissioned for the entire planning division of the commercial housing sales, may the time span is very long, so the lawyer shall agreement with the client specific service period and beyond the term of service charges. According to the time period as agreed fees, beyond the service period, more than some of the lawyers fees due to increased time increase with the same proportion; as is to complete the task should be agreed by contract, because developers reasons that the project has not sold or not delivery, lawyers should be right to terminate the contract and damages the right there.

Should be clearly agreed agency rights lawyers in the legal services in the 117.4.3 agreement, agency authority such as a number of different services, should be agreed.

117.4.4If there are indeed part signed in the contract when the agent can not clear the authorization, the parties shall agree a power of attorney issued by the trustee shall prevail.

117.4.5 lawyers service fees. Specific reference to the lawyer Management Services Department of justice, the national development and Reform Commission promulgated December 1, 2006 carry out "". Lawyers to collect fees shall follow the principle of equal consultation, reasonable and fair. A law firm shall strictly implement the price administrative department jointly with the judicial administrative department at the same level for formulation of the lawyer management service charges and fees.

The lawyer charge should consider the following factors:

(1) engaged in legal services required to work time, difficulty, including new and needed skills;

(2) accept the risk that will significantly hinder hire lawyers to carry out other work;

(3) similar legal service in the same area usually charge amount;

(4) the amount of reasonable results and expected the entrusted matters relating to;

(5) proposed by the clients or imposed by the objective environment of legal Business Hours limit;

 (6) the lawyer's experience, reputation, professional level and ability;

(7) the cost of standards and the method of payment is fixed, whether conditional;

 (8) the reasonable cost.

The lawyer fees in accordance with state regulations or the agreement by the law firm and the client can be used to determine, timing and charging, the fixed fee, subject proportional fees. Can agree on one or several in a way the entrusted matters, but must be clear and unambiguous.

Such as the use of timing and charging, charging time should be calculated agreed in Contract Law (as usually in agreement per hour for a billing unit), also agreed to confirm the lawyers working time single program.

As a result of non litigation lawyer fee basis, to pay the amount and payment of the fees shall be determined by agreement form, should clearly be charge legal services, pay expenses standards, methods, including mediation effect on the cost of produce different results, necessary expenses and mediation are included in the risk agency payment medium.

 For contingent fees, the maximum charging amount shall not exceed the amount stipulated in the charging contract 30%. On this day the risk agency limits, lawyers should pay close attention to the special provisions of the new law and judicial administrative department or the local lawyers association.

Should the agency contract expressly agreed to be entrusted attorney fees, payment, payment method, travel bearing etc..

The two sides should stipulate in the entrustment contract default corresponding responsibility and terminates the contract in advance of the treatment measures.

117.5 lawyers entrusted matters after the signing of the contract should pay attention to

A lawyer shall not privately, charge at. The clients shall pay the fees directly to the lawyer's law firms, lawyers shall not be charged directly to the client. The client entrust a lawyer fees, lawyers fees shall be collected timely delivery law firm.

A lawyer shall not ask for or obtaining except the law service fees in accordance with the provisions of the additional charge of pay and benefits.

Legal services lawyers charge should be in the accounting books, people can only be used in accordance with the provisions of items and scope of expenditure.

Law firms may not be authorized to issue informal lawyer charges voucher.

Lawyers for reasonable reasons to terminate the entrustment agreement, have the right to collect the completed part of the cost.

The principal reason for the termination of the entrustment agreement, law firms have the right to collect the completed portion of the cost.

The principal unilaterally terminate the entrustment agreement, shall pay fees according to the agreement.

Risk of 117.6 can not be revoked by the prompt

Lawyers in the sale of commercial housing non litigation legal services contract often agreed "client authorization is not irrevocable authorization" content, lawyers should pay attention to the legal risk of the contract. According to the "contract law" provisions of article 410th, the principal or the agent may terminate the contract at any time, because of the lifting of the contract causes losses to the other party, except not attributable to the party's cause, shall compensate for the losses. Therefore, the lawyer should be agreed in the contract, if the client in addition to the reasons not attributable to the lawyer for termination of contract, the principal shall bear the liability for compensation to the lawyer's content. Compensation terms, according to the law has been completed, the entrusted affairs work progress, remove entrust to the law firm loss factor.

Risk 117.7 lawyers fault compensation limit tips

Lawyers in the sale of commercial housing non litigation legal services contract often limit "limit of indemnity clause" lawyer's fault, but lawyers should pay attention to the legal risk of the contract. According to the law, lawyers and law firms may not be relieved of or limited civil responsibility because of illegal practice and practice fault and causes losses to the principal should bear. Therefore, the lawyer should improve the level of practice and strengthen the standard, to avoid the risk of practicing.

117 · 8 liability for breach of contract. A contract should be clearly agreed, the default behavior of the scope, default loss calculation, liability for breach of contract and breach of contract occurs, the observant party rights and remedies.

117 / 9 to further clarify the entrusted matters, suggests a lawyer signed entrustment contract "and" to receive the case record, the principal-agent range, work requirements, work methods, personnel arrangement, the entrusting party shall submit the information and should cooperate and litigation matters, non lawyers service depth, project law the service may be involved in legal risk should be clear, the principal and the lawyer an unknown or unclear risk tips to avoid the dispute.

118th a commission agreement, transfer, change, termination

118 · LA lawyer should be cautious, honest, legal risk objectively to inform the client entrusted matters that may arise, and if necessary, issue legal opinion book entrusted to the recipient.

118 / 2 in the contract, should be regularly written report commissioned by, including legal affairs have been processed and the next step work plan; such as unexpected problems when signing contract, should be timely advice and signed the supplemental agreement with the client.

 A lawyer should work record and report according to the time order of binding memorandum.

 118 · 3 lawyers should be strictly in accordance with the provisions of the law during the period, aging and agreement with the client in time, handle the entrusted matters.

 118 · 4 lawyers entrusted, only in the authority to carry out business activities, shall not exceed the mandate.

118 · 5 lawyers when carrying out the entrusted legal affairs, such as found in client authorization limit can not meet the need, should be timely inform the client, without the consent of the principal or before handling the relevant authorization procedures, only lawyers to handle legal affairs within the scope of authorization.

118 / 6 the lawyers must be clear with the client set includes two aspects of procedural law and substantive law delegated authority. Delegated authority is not clear, the lawyer shall require the client to a clear authorization power of attorney.

118 · 7 law firms to sign a contract if needed to transfer, modify or terminate the entrustment agreement cases, lawyers should be well as follows:

 (1) shall timely and client consultation and communication, with the consent of the consent of the principal.

 (2) for the contract of the transfer, shall be the responsibility of the client, the original undertaking the non litigation legal affairs law firm and the law firm signed a transfer agreement, clearly the rights and obligations of the parties, especially the risk involved in attorney service definition and division of costs to pay such questions.

(3) for the contract change, should make clear the change time node content and change.

 (4) for the rescission of the commission contract, the parties shall in the supplementary agreement confirms lawyer has completed the work, should pay the lawyer fees amount and payment time, non litigation legal services lawyers risk definition. As a result of the transfer of contract or remove items, the original undertaking lawyer shall at the same time, the completed work and related documents to the client, both sides completed transfer procedures; the original undertaking lawyer shall also issue a summary statement, completed work and working content, and puts forward some matters need attention to the client the.

118.8 without the consent of the principal, a lawyer shall not be entrusted by the legal affairs to delegate.

118.9 lawyers appear sudden illness, job transfer in after accepting the entrustment, need to replace the lawyers, a law firm shall timely inform the client. Client agrees to change the law, should be the principal written confirmation, the lawyers to timely transfer of materials, and by the law firm to handle the relevant formalities.

118.10 non consent by the principal, not because the lawyer commissioned increase the economic burden of a client.

118.1l lawyer after completing the entrusted legal affairs authority, shall promptly inform the client. The lawyer and the client explicitly remove entrust relationship, a lawyer shall not name to be principal activities.

118.12 lawyers entrusted, shall not refuse to perform duties as stipulated in the agreement without justifiable reasons, not to terminate the agency.

118.13 if the entrustment agreement agreed service expires, or the termination conditions occur, a lawyer shall promptly inform in writing the entrusted by the termination of the agreement, and summarize the matters entrusted to the fulfillment, finishconnects with relevant documents work, for a written transfer procedures.

118.14 lawyers in the following situations in handling the entrusted matters in the process, the law firm shall terminate the agency work:

(1) negotiation with the client end;

 (2) the undertaking lawyer practicing qualification being cancelled or suspended, the client does not agree to replace other lawyers;

 (3) found that conflicts of interest can not be overcome;

 (4) the lawyers are in no fit state to the agent, the principal does not agree to replace other lawyers;

(5) the requirement of client does not conform to the law or the law occupation ethics and disciplinary requirements, the lawyer to agent will violate the law or the lawyer specification.

118.15 The above termination agent case, a law firm shall as far as possible, advance notice to the client sends, the law firm shall try not to make the trustee's legitimate interests are affected.

The second section law provides legal services to the client when the operation procedure

119th commercial housing sales contracts signed before the review and investigation (refer to this guide first compiled the first chapter), and provide legal advice to clients in the end.

Before the 120th lawyers to represent the client in negotiating, should carefully review the terms of the sales contract developers to develop, in order to safeguard the interests of the buyer point of issuing legal opinions.

Both sides of the 121st lawyers to represent the client negotiations, lawyers shall sign the confirmation document final confirmation documents and contract the main content and the other.

Signed with the registration of 122nd commercial housing sales contracts (refer to this guide the first second chapters, the third chapter), and issue legal opinion book.

Article 123rd a contract for the sale, mainly for the obligations, should be timely to remind the principal parties to fulfil the obligations under the sales contract; if a party does not perform or do not perform timely, shall be issued by the legal advice, legal consequence that does not fulfill.

Article 124th contract, terminate before issuing legal opinions (refer to this guide the first fourth chapters).

Article 125th the delivery of commercial housing property permits, made with small property permits (refer to this guide the first fifth chapters).

Section third lawyers to buy basic mode and content to provide legal services

Article 126th the buyer survey scope entrusted by the legal services

(1) survey the seller business registration file.

 (2) investigation of commercial housing ownership.

  (3) the use right of investigation of commercial housing land.

  (4) approve filing investigation of commercial housing pre-sale or sale.

 (5) commercial housing projects in construction schedule and specific construction index (use, floors, greening rate, building density, sunshine, parking spaces, public facilities and public facilities etc.).

(6) the investigation of commercial housing rental situation exists.

(7) commercial housing projects investigation involving mortgage, construction contractor's priority of claim, attachment rights restrictions of.

(8) the seller major creditor debt situation investigation.

 (9) investigation involving litigation, arbitration or administrative punishment.

(10) to investigate the purchase of commercial housing property relates to the cost of taxes and fees.

Methods 127th survey service

127.1 further Target Corp office site

A lawyer should directly with survey firm representative or personal interview, talk about the investigations, with the fight for access to each other's. Must make a list of due diligence, column to survey the various documents.

127.2 To the administrative authorities to investigate and verify

Commercial housing development and construction projects, approval, registration, filing and other administrative licensing matters, is responsible by the administrative organs of the government, an important source of obtaining the information is therefore a legitimate target enterprises and the goal of the project. The main administrative departments including the development and Reform Commission, Planning Bureau, Construction Committee, the commerce and Industry Bureau, the Housing Authority, land authority, tax bureau, foreign exchange management bureau.

127.3 employees of the Target Corp and ask the customer representative

The lawyer asked, through the questionnaire survey to obtain important or contentious information, shall make written records in the course of the investigation, and asked the signature of the person retained.

127.4 and the contract creditor, debtor to communicate

 For major contract, tort liability debt, lawyer is necessary with the contract or the infringed negotiation, signing contract and investigate and verify the actual performance. The investigation can be carried out through the conversation recorded or written instructions etc..

127.5 and the professional information exchange

The due diligence process involves the specialized construction, finance, taxation, to any professional advice, learn professional knowledge of each respect, this will be more beneficial to the analysis and prediction of lawyers to the legal risks.

Note 128th survey

128.1 The developers of the source of information is narrow, is likely to be more comprehensive collection of information. Therefore, lawyers should pay attention to ways and means to expand the data collection, to be confirmed from multiple angles, not just by a single, narrow channels understand the developers credit degree.

 Risk identification of 128.2 sources of information. A lawyer needs through a variety of channels audit and investigation of developers related information, such as license, with particular attention to the authenticity and credibility of information sources. For example, through the Internet search related to developers, there may be a lot of false information, the lawyer to experience discrimination information their authenticity; to fully understand, comprehensive investigation, and prompted the risk at the same time to inform the client. Legal opinions making 129th legal opinions as the sale of commercial housing transactions, should at least include the following contents:

 (1) the preface. Expression of legal affairs entrusted by the content and scope, data content, report lawyer made survey commissioned to provide the content and. The lawyer unpredictable risks of disclaimer.

(2) list of laws and regulations, terms and conditions. According to law, regulations on the related fact analysis is a basic way of making the investigation report. Therefore, the query is an important link of due diligence, laws, regulations. A lawyer should be legal, regulations and the provisions of indexing deals as a separate part of the investigation report stated, to make the reader first have an intuitive understanding, can know this report involves what the law, so as to better understand the lawyers for legal advice content.

 (3) to accurately describe the basic information. Many lawyers in the legal investigation in the process of acquiring, amount of information is very large, therefore, lawyers in the simultaneous information arrangement, must contact the purpose of this investigation, screening and screening of a large amount of information in detail. Such as the buyer to entrust legal due diligence should be the basic situation on commercial housing, accurate description of commercial housing project development background, the various approval procedures, land, housing management authority in the registration, the specific construction planning index, construction, marketing and property management etc..

  (4) summing up the focus point, raised the bar. Through the analysis of legal risk, the focus of dispute between the parties, in-depth analysis of focus or principal concern, a statement of fact cited law, put lawyers point of view.

(5), a statement that the legal risk analysis. Analysis of legal risk is the core of the investigation report, is the real test lawyer occupation level and work experience, need a lawyer will have to master the information and the relevant legal provisions closely combine. According to the characteristics of the sale of commercial housing transactions, focus on the risk effect, commercial housing sales contracts for the sale of commercial housing contract is analyzed and tips.

 (6) puts forward solutions to legal problems clear

 Aiming at the above problems found, lawyers should be one by one to answer, to ensure that commercial housing transaction security, this is the law responsibility. Lawyers don't need to interfere with both business decisions, provide the most detailed information and the most comprehensive legal opinions only on facts and law.

The fourth section lawyer risk prompt

130th combined with the commercial housing sales contracts, non litigation legal services lawyers shall comply with the following characteristics, mode of operation in the process of practice, avoid omissions arising from the risk.

 130.1A lawyer should sign the "legal service agreement". To make the rights and obligations of lawyers to provide legal services in a clearly defined, in order to clear the responsibility and the scope of authorization.

130.2 lawyers in the entrusted the trustee to participate in project negotiation process, not only to provide legal advice to clients actively, but also to avoid the occurrence of interference negotiations. To benefit from the client's overall interests and long-term interests, to overcome legal obstacles in the negotiations, to conform to the success of the principal of the fundamental interests of the negotiations.

130.3 participate in client negotiation and consultation, lawyers should be written record of each negotiation and negotiation of content, for future reference.

130.4 drafting or modify the commercial housing sales contracts text, should save each of the contents of the contract terms and modify the current record, including the specific content, the modification time and modification of the reasons and requirements.

130.5 Signed the final version by client to confirm, and the possible risks in the final again written reminder has been informed of the record and save.

130.6 lawyers issued in the formal legal opinions, we should learn from the past successful experience and performance, but also with the actual situation of the project. Of particular note is, in a very professional project, proposes legal advice to leave adequate leeway, in order to protect the interests of lawyers and law firms.

130.7 to the client the nature, to distinguish between requirements and conditions of different, not only to grasp the principle, and to reflect the full flexibility. A matter of principle, must not compromise; operation method, can be flexible. At the same time, to be with the principal problem left written proof to show that the limits of liability, the lawyers and law firms.

130.8 commercial housing sales contracts, should be based on the sale of commercial housing contract, written the rights, obligations and time table; according to the performance form, in the principal contract obligations within ten days before the expiration of the written legal opinions, "" prompt the principal obligations content and time, as well as the default responsibility.

130.9 each performance, accompanied by the entrusting party check each other whether overall performance and compliance with the requirements of the contract, the performance does not match the record content; the other is not on time performance or the performance does not conform to represent a client, negotiate with each other, and the production of "legal opinion", to inform the corresponding liability for breach of contract, urging it to perform.

130.10 collection, preservation of breach of evidence, when necessary do lawyers witness, undertake notarization of evidence. On the other side of the breach, the timely preparation of "legal opinion", inform the client side should bear the liability for breach of contract, to take further action recommendations.

130.11 A lawyer in a non litigation after the end of the project, still should pay attention to track the progress of the project, in order to provide legal services to the follow-up project, and to advance the understanding of what problems may be encountered, and self itself is faulty. At the same time, attention should be paid to organize related files timely. The whole project and the legal service after the completion of the work, to organize relevant personnel attending the peer review relevant documents and key problems, in order to find bugs or errors, and take remedial measures.

130.12 in handling the entrusted people daily legal affairs in the process, to keep the correspondence with the text. The establishment of a registration system for matters the client's request to provide legal services, to determine the scope of services. For some specific matters, when necessary, with the client signed a memorandum of understanding, in order to protect the rights of lawyers and law firms. In addition, in the major before signing the agreement, relevant legal documents, text editing, printing, binding, small sign should follow the effective procedures. Strengthen custody of legal documents. All the legal documents and correspondence relating to each project (including email) according to the time sequence or character to establish separate files, and in clear storage location storage. At the same time, the electronic document should also be set to save the area, special and review on the server to modify permissions. The relevant original documents, seals should not be kept by the law firm.

130.13 based on the principal of keeping the business secrets, lawyers in the work should pay attention to establish shielding system. Each project to determine the lawyers and assistants fixed participation, irrelevant personnel shall not contact the project documents and files. Participants without the approval of the competent partner, not to any other persons (including the other partners) associated with the content of the disclosure project. This is the discipline of lawyers requirements.

This article focuses on prevention of lawyer's practicing risk, the lawyer's own risk and practicing lawyers in the process of practice as to whether lawyers should have responsibility and practice ability is closely related, a lawyer should risk timely, appropriate hint the trustee may encounter in practice. The specific content of each chapter in these guidelines refer to lawyers for the buyer to provide legal services that risk.

                                    

The second series   A lawyer for the buyer to provide the sale of commercial housing contract litigation legal services operation guide

 

First chapter The general provisions of litigation and Arbitration

The first section v. Litigation

                              

 The 131st subject of litigation

131.1 general provisions

According to the "PRC Civil Procedure Law" (hereinafter referred to as the "Civil Procedure Law") regulations forty-ninth, fifty-sixth, 108th and so on, the plaintiff, the defendant and the third party is a natural person, in connection with the case of legal persons and other organizations.

131.2 lawyers for the buyer to provide legal services to the content

 A lawyer should according to the case analysis to determine the proper subject of litigation. In general, the other party shall be the developers, the particular case of the guarantor, the lender, the underwriter, the building people, may become a party to the case.

131.3 lawyers focus on the contents of the buyer to provide legal services

Commercial housing underwriting the buyer between people and developers of commercial housing sales contracts and disputes, lawyers shall review the underwriting contract, and apply to the people's court shall notify the underwriter to participate in the litigation; developers, the underwriter and the buyer on their respective rights and obligations are clearly agreed, determine the litigation status of each party in accordance with the agreed content.

The buyer is not secured in accordance with the commercial housing loan contract agreed to repay the loan, nor with the guarantor for commercial housing mortgage registration, guarantor, sued the buyer request disposition, commercial housing sales contract the buyer contract rights, lawyers shall request the court to inform the developers to participate in the litigation right of guarantee; one prosecution developers at the same time, if the loan guarantee contract to ensure that developers for commercial housing, a lawyer shall apply to the court for its as a co defendant.

For the construction of the project between the developer and the buyer of the contract disputes, unless the construction unit as co developers have contained in the commercial housing sales contracts, otherwise, the lawyer shall review the construction agreement, and request the people's court to inform the construction unit to participate in litigation, and according to the joint construction agreement, to determine the construction unit or third people, or as a joint defendant.

131.4 lawyers for the risk of the buyer to provide legal services tips

A lawyer should review the relevant documents to determine the proper subject of litigation, not missing or wrong action subject. For main body is not appropriate other parties concerned or the court added, should demur. Determining the lawsuit request 132nd

132.1 general provisions

Lawyers in the prosecution of the former, must analyze the legal relationship in the case, select the appropriate litigation request, an appropriate amount of subject.

132.2 lawyers for the buyer to provide legal services to the content

The buyer is the plaintiff, the effectiveness may claim lawsuit mainly relates to the contract performance, developers of commercial housing area, quality, others, license obligations and liabilities for breach of contract, rescission of contract, "a room two sell" deposit return, etc.. Some provinces and local regulations to the buyer in the consumer's position, so the buyer can also according to the relevant provisions on the protection of consumer rights claims.

132.3 Lawyers for the key content of the buyer to provide legal services

 Commercial housing sales contract is not agreed default calculating method of compensation amount or the amount of loss, the buyer may claim damages or compensation for losses determined with reference to the following standards: overdue delivery of housing use, in accordance with the period of late delivery of housing, promulgated by the relevant competent department or to determine assessment qualified real estate appraisal institution with lots of similar rental housing standards.

Developers to the buyer accepts the deposit as a contract for the sale of commercial housing guarantee, if not because of one of the parties conclude the contract for the sale of commercial housing, the buyer and the developer can request in accordance with the provisions of the law on deposit; can not due of the subject matter in both parties, leading to the failure to establish commercial housing sales contracts, the buyer may request the developers return deposit.

The delivery of housing construction area comprising the construction area or commercial housing sales contracts with an area does not match the developers, have agreed to the contract, the buyer may request in accordance with the agreement; contract was not prescribed or clearly prescribed, the buyer may request in accordance with the "judicial interpretation" provisions of article fourteenth of the processing.

Because developers reasons, the buyer failed to "judicial interpretation" of article eighteenth of the situation of the expiry of the housing ownership certificate, no breach of contract or agreement is difficult to determine the amount of the loss, the buyer may request according to the total prepaid purchase, calculation refer to regulations of the people's Bank of Chinese financial institutions overdue loan interest standard, bear the responsibility of default by the developer.

The buyer to developers and third party malicious collusion, otherwise enter into a contract for the sale of commercial housing and housing will be delivered for use, make it unable to obtain housing on the grounds, may request confirmation of a developer and third commercial housing sales contracts invalid.

With the "judicial interpretation" of article eighth of the situation, leading to commercial housing sales contracts objective cannot be achieved, unable to obtain housing buyer can request cancelling the contract, the return of prepaid purchase, and interest, damages, and may request the developers to assume liability does not exceed the already pay the purchase of a times.

Developers of commercial housing sales contracts, "judicial interpretation" of article ninth of the situation, leading to the contract invalid or revoked, the lifting, the buyer may request the return of prepaid purchase, and interest, damages, and may request the developers to assume liability for no more than double the prepaid mortgage.

As the main structure of the housing quality can not be delivered for use unqualified, or delivery of housing, housing quality by verifying the main structure is not qualified, the buyer may request cancelling the contract and damages.

According to the "contract law" provisions of article ninety-fourth, developers delay the delivery of housing or the buyer delays payment, a reasonable time limit after being urged not fulfilled within 3 months, a party may request the termination of the contract.

 Commercial housing sales contracts agreed or "Regulations" City real estate development and management thirty-third, for more than 1 years of housing ownership registration deadline expires, because developers reasons, the buyer was unable to handle the housing ownership registration, the buyer may request cancelling the contract and damages.

Because without responsibility of commercial housing loan guarantees the contract of the subject matter in both parties failed to lead, and not commercial housing sales continue to fulfil the contract, the parties may request cancelling the contract, the return of property developers, the principal and interest or deposit.

 Because of commercial housing sales contracts invalid or revoked, the lifting of commercial housing loan guarantees, the purpose of the contract can not be achieved, the parties may request the lifting of commercial housing loan guarantee contract.

The developer did not obtain pre-sale permit, and the buyer signed commercial housing pre-sale contracts, lawyers shall inform the parties obtain pre-sale permit in the prosecution of former, will not request that the contract was invalid.

The buyer not to commercial housing sale contract is not in accordance with the provisions of laws, administrative regulations on the procedures for registration, request that the contract was invalid.

132.4 lawyers for the risk of the buyer to provide legal services tips

The buyer is the plaintiff, the lawyer must pay attention to the validity of the contract, the developers default choice to continue to fulfil the contract or termination, liability for breach of contract when selecting the local regulations on the protection of consumer rights and interests of the relevant provisions or in contract law, should be careful analysis.

The 133rd jurisdiction

133.1 general provisions

"Civil Procedure Law" the thirty-fourth regulation, because real estate dispute lawsuit, the immovable property is located the exclusive jurisdiction of the courts.

133.2 lawyers for the buyer to provide legal services to the content

A lawyer shall inform the parties because of immovable property lawsuit, belongs to the exclusive jurisdiction, agreement jurisdiction and the contract is invalid because of violation of statutory requirements of exclusive jurisdiction.

133.3 lawyers focus on the contents of the buyer to provide legal services

According to the 133.2.

133.4 lawyers for the risk of the buyer to provide legal services tips

According to the 133.2.

Article 134th the limitation of action review

134.1 general provisions

Aging law review lawsuit, should pay attention to matters without the interruption of the limitation of actions, to examine whether the period exceeded the limitation of action.

134.2 lawyers for the buyer to provide legal services to the content

For the limitation of action within the case, shall inform the parties timely prosecution. To have exceeded the limitation of action shall inform the parties of the case, take remedial measures.

134.3 Lawyers for the key content of the buyer to provide legal services

Attention should be paid to the buyer and the developers in the contract, fulfil each link contract, developers on the quality, launch time, launch conditions, processing and other aspects of the agreement and commitment, pay attention to the collection of relevant data, with particular attention to with the developer or the entrusted agency such as Wuguan company or law firm, sales agency for handing over point in time.

 The buyer as the defendant, has exceeded the limitation of action for the case, shall inform the parties of prescription counterargument.

134.4 lawyers for the risk of the buyer to provide legal services tips

A lawyer should inform the parties filed a lawsuit in time. For more than a limitation of action shall inform the litigants Sue risk, and inform the record.

 Article 135th lawsuit  

135.1 general provisions

The plaintiff litigation attorney, should be based on the "Civil Procedure Law" provisions of article 108th, put forward specific litigation request, and to elucidate the prosecution facts and reasons.

135.2 lawyers for the buyer to provide legal services to the content

The lawyer to court for the case, shall be submitted to the indictment, list of evidence and evidence materials, and provide a copy each other, according to the number of at the same time, shall also be submitted, and the original, the defendant lawyer letter identity proof. Is a citizen, to submit proof of residence, is a legal person, submit a photocopy of the business license, the identification certificate of the legal representative, is the other organizations, to submit registration certificate photocopy, mainly responsible for proof of identity.

Court review of such as that the registration is required to pay the relevant evidence materials, lawyers should be made up in time.

The lawyer in court after receives a rejection notice, shall notify the parties to pay legal fees. Lawyers in a court shall not accept the order book, shall promptly inform the parties, and the parties, appeal.

135.3 lawyers focus on the contents of the buyer to provide legal services

A lawyer should according to the specific situation of the case's request, to complete the file. The evidence submitted lists its object of proof, they must obtain consent.

135.4 lawyers for the risk of the buyer to provide legal services tips

Lawyers in the prosecution of the former, should be aware of the status of the property, and inform the risk if possible.

Article 136th of property preservation

136.1 general provisions

Third people or counterclaim plaintiff lawyers as the plaintiff or the right to request an independent agent, can according to the request of the parties, apply for the preservation of property according to the "Civil Procedure Law" and relevant judicial interpretation of article ninety-second.

136.2 lawyers for the buyer to provide legal services to the content

The buyer is the plaintiff, litigation preservation, should be provided by the applicant of the real estate, vehicles and other property clues, and should provide guarantee.

As taking pre litigation preservation, the lawyer shall inform the parties in court to take 15 days after litigation preservation measures. If the respondent is willing to provide the guarantee, the lawyer shall apply to the court to lift the custody of property.

As a defendant, lawyers shall inform the parties of the value of the applied amount and court preservation measures review of the property, if the property preservation value is higher than the amount applied, shall inform the parties objection to the court.

Lawyers and clients must be made to preserve the conversation transcripts, including but not limited to legal consequences resulting from the security object, preservation amount of record.

136.3 Lawyers for the key content of the buyer to provide legal services

Developers as a defendant, in addition to the litigation contract for the sale of commercial housing in the housing to take preservation measures, including but not limited to the developers of other non sale housing, foreign investment, bank deposits to investigation and seizure.

136.4 lawyers for the risk of the buyer to provide legal services tips

A lawyer should remind the buyer filed a lawsuit in the preservation of a lawsuit, and provide clues to the property. Property preservation amount is limited to the lawsuit subject. Attention should be caused by improper preservation of legal responsibility to examine possible. At the same time, should also pay attention to the court attachment period of freezing of different property, to remind the parties in due time request, cold continued renewal letters.

Article 137th of the burden of proof

137.1 general provisions

                                 

Lawyers for opposite party claim facts or rebuts the facts, have a responsibility according to the relevant provisions of the "Civil Procedure Law" the sixth chapter and the "rules of evidence" request the client to provide evidence to prove. There is no evidence or the evidence is not sufficient to prove the claim, by the proof should bear the adverse consequences.

A lawyer shall inform the parties to provide the following evidence:

 The documentary evidence; the evidence; the audio-visual material; the testimony of witnesses; and the statements of the parties; the appraisal conclusion; the other can prove the material facts of the case.

Lawyers should abide by the time limit for adducing evidence the court appointed, in addition to the "Civil Procedure Law" the 125th paragraph first of the "new evidence".

The lawyer provides new evidence, should be put in the first instance court before or during the court session. The lawyer provides new evidence at the court of second instance procedure, shall put forward in the second instance court before or during the court session; the second is not necessary to conduct a trial, the people's court shall be made within the time limit specified in the.

The lawyer to investigate and collect evidence, should pay attention to the authenticity of the evidence, legitimacy and relevance.

Investigation, collection of evidence, should show the letter and lawyers practicing certificate. The lawyer to witness investigation, shall make a record of investigation, with more than two people together is appropriate. Record of investigation should include: the survey time, place, investigation, survey respondents, the content of the investigation. The person under investigation shall check the investigation records, and signed the "more than seen, without error", and signature, indicate the date. If the investigation notes into a plurality of pages, the person under investigation shall be confirmed in each page signature.

Collection of documentary evidence, material evidence should be collected lawyers originals, the original. Collection of original, difficulties of the original, you can copy, photos, or collect copies of copies, extracts of the, but, photos, excerpt should note.

Lawyers can not be timely investigation, collection of evidence, shall explain the situation to the people's court for an extension, and submit the evidence.

Counsel submit evidence to the court, should submit the copy of the evidence. Evidence should prepare at least 4, submit 1 copies, 1 copies of the other party, law 1, the principal 1 copies to the court. The original of the evidence presented in court. Original evidence by parties custody, lawyers should not keep the original evidence.

A lawyer should number the evidence material by classification, making the list of evidence, the evidence, evidence, proof object name source statements on. Submitted to the court, signature, indicate the date of submission.

The lawyer filed recording data to the court, shall be submitted to the audio source files, and organized into a written material.

Counsel submit photos to the court, shall be submitted to the photo electronic source files or the original film, and rinse out or color.

Lawyers for the involved business secrets and personal privacy shall be kept confidential evidence, need to be presented in court, should the court prior to, in secret evidence, should not be presented in an open court session.

Lawyers for the court to investigate and collect evidence, shall be borne by the developers in the application on the stamp.

137.2 lawyers for the buyer to provide legal services to the content

In addition to providing a contract for the sale, the buyer is the plaintiff, the dispute should be based on the content, respectively, provide the corresponding evidence on the quality, size, others, such as processing, buyer for the defendant, to fully submit themselves without evidence of breach of contract.

137.3 Lawyers for the key content of the buyer to provide legal services

Relates to area difference, quality problems, the lawyer shall inform the buyer to apply for court identification. Relating to the advertising disputes, lawyers shall inform the buyer Loushu, advertising materials.

Format of the terms of a lawyer should require developers to provide the reasonable tips and explanation obligation to proof. And more attention should be paid to developers without the terms of the format of the exclusion or restriction of its responsibility for the content, arouse the attention of the opposite side of the text, symbols, fonts and other special logo in the contract the buyer to, and in accordance with the requirements of the terms in the format described.

Lawyers should be correlated with the probative force of evidence, to avoid the inconsistency.

The lawyer when presented with evidence, the parties should be signed.

Note that the other evidence appear contradictory place.

The burden of proof in terms of law.

The 138th trial preparation

138.1 general provisions

The lawyers received notice of court should be immediately after, time and place of the hearing, the trial personnel composition information to notify the parties concerned. And ask the parties to the members of the collegial panel has no need to avoid the request and its reason.

One or two days before the hearing, to remind the parties carry original evidence in court.

138.2 lawyers for the buyer to provide legal services to the content

If the parties have relatives and friends to participate as observers, should prompt to carry proof of identity, and inform audit rules.

Before the hearing, and the hearing procedure, the hearing the parties should pay attention to the problem, the other party may ask questions, our litigation ideas, questions such as communication, clear party and lawyer in the trial division of labor, the focus of fact, lawyers focus on parts of the law.

Before the hearing, should the materials re familiar with again, to understand the details of case, check the materials are complete, whether there are omissions, whether the evidence is submitted within the specified time period, whether the evidence is in evidence directory order, whether the witness arrangement, power of attorney, the letter is submitted to the court. To compensate for the losses, the calculation method is clear.

Before the court to do to the other party, the witness, identification of questions prepared to ask the outline.

A lawyer should prepare agent word in front of the court, and the necessary changes according to the hearing situation.

138.3 lawyers focus on the contents of the buyer to provide legal services

A lawyer should be familiar with the case and evidence, the focus of controversy clear case.

138.4 lawyers for the risk of the buyer to provide legal services tips

A lawyer should avoid do not understand the case, not familiar with the evidence of the case materials, avoid missing.

The 139th trial

139.1 general provisions

Lawyers should carry the practicing certificate.

The lawyer to participate in the hearing, the court should arrive early, avoid sitting late.

A lawyer should dress in court, arrived at the court, if not submitted, letters, shall promptly submit a power of attorney, letters and other legal instruments.

The lawyer in the trial to the terminology standard, humble attitude, well behaved. Pay attention to avoid the other party and the agent has the person language conflict, do not pick the word frame action, not words.

The lawyer identified in the court investigation and court stage to court records.

If a party to appear in court, the parties may state the facts, law mainly focus on the legal aspects of.

The lawyer spoke at the hearing, the sound should be loud, words must have the matter, according to.

Lawyers should abide by the rules of the court and the court order, the trial order directed by a judge.

During the trial, lawyers law, judicial procedure should be pointed out, and immediately correct.

The lawyer must read the trial transcript carefully, discovered that the trial transcript in error, should be timely contact with the clerk to correct.

After the trial, lawyers shall promptly submit a written agency comments to the court.

The court of first instance verdict if lawyers collection, should report immediately after the receipt of the client, and delivered within 24 hours and the client, and keep the sent credentials, or let the parties signed the relevant documents shall be in roll. The lawyer to sign for the mediation book, written authorization shall be the principal, otherwise, can not sign.

139.2 lawyers for the buyer to provide legal services to the content

The presiding judge in check the identity of the parties, lawyers shall have the right to the other party and the agent's identity objection.

 The judge asked the client whether to apply for withdrawal, the lawyer may apply for withdrawal of judicial personnel and the court clerk, and explain the reasons.

The court investigation began, the lawyer shall complete the following work:

(1) the plaintiff, but to read the indictment, explain the specific claim and the facts and reasons.

(2) the defendant, can be read the pleadings; counterclaim, counterclaim counterclaim that read, the specific request and the facts and reasons.

(3) the third people, but to read the reply, the reply admit or deny, or an independent claim.

(4) and the indictment, defence, counterclaim inconsistencies, a lawyer to explain, parties and lawyers can be added to the fact.

The judge to the inquiry, generally by the parties to answer, answer by the law when necessary.

The lawyer proof, should be the judge asked, one by one or all of the burden of proof and burden of proof, evidence, sources of evidence, that the object name.

With the permission of the presiding judge, lawyer may question the witnesses, authenticators and other parties. Questions should focus on the facts of the case, the dispute of. Questions should be concise and to the point. Asked by the presiding judge to stop, a lawyer should respect the court's decision, change the question or questions, or to indicate the importance and relevance.

 Ask for bullying, inductive questioning and not related to the case, the lawyer has the right to raise objections. The opposition was dismissed, may request the court will record the opposition lawyer.

The judge summed up the focus of controversy, lawyers that have different views, should immediately put forward.

The lawyer cross examination, from the evidence authenticity, legitimacy, and the relevance of such quality certificate.

Lawyers for the cross examination of evidence, material evidence, should focus on the authenticity of evidence and the case, evidence of contact with other evidence, the evidence of the contact process is legitimate, etc..

The lawyer cross examination of documentary evidence, documentary evidence, should focus on whether the original documentary evidence, documentary evidence, documentary evidence from the legality of the content is to prove the facts to be proved, documentary evidence and other evidence, documentary evidence of the contradictory aspects.

The lawyer cross examination of the witness testimony, and should focus on the relationship with the parties, witnesses and the testimony of witnesses, the content and the facts to be proved, the age, mental state, behavior and other natural conditions, whether the testimony of a witness, witness testimony and other evidence conflict contradiction etc..

The lawyer cross examination of audio-visual materials, should focus on the audio-visual materials and formation time, location and the surrounding environment, there is no shear reinforcing, content is clear etc..

The lawyer cross examination of expert conclusion, should focus on the identification of the qualification, identification and identification of materials, equipment and method of the appraisal conclusion, whether is scientific etc.. Lawyers that the appraisal conclusion can not be established or not complete, can apply for new or supplementary appraisal.

In the court debate, the lawyer found in the case of certain facts not known, can apply for restoration of the court investigation.

The lawyer in court, should focus on the focus of controversy court ascertained facts and the judge summed up, a debate. Debate should be concise and to the point, seize the focus problems. A lawyer should respect each other's personality, not sarcasm,, invectives, laugh at each other, not to attack the members of the collegial panel.

Lawyers issued the second round of debate, should be aimed at the first round of the other party's debate debate, published the new debate, the debate has been published without duplication.

Lawyers in the final statements, should be brief, say without mincing words.

The lawyer in court mediation, we should listen to each other, with the judges do the mediation work, pay attention to strategies and skills of mediation.

A lawyer should be within the scope of his agency to participate in mediation, reconciliation. Without special authorization, cannot punish the principal substantive rights.

Law of receiving the written judgment, the parties should not make a written record of an appeal.

139.3 lawyers focus on the contents of the buyer to provide legal services

Lawyers should pay attention to explain his own point of view, retort, to discusses the thoughts of his own, don't fall into each other's ideas. The first is to prove one's own key file for claims or rebut claims that, as well as the key evidence of the three suggestions, to avoid entanglement in all the minor details.

139.4 lawyers for the risk of the buyer to provide legal services tips

A lawyer should avoid as far as possible in the trial statement of their adverse facts, answer the other questions to be careful.

The buyer decided to appeal, the lawyer shall inform the buyer of the appeal in the appeal period, if the buyer does not appeal, should conscientiously do a good job of notes.

Article 140th the second stage

140.1 general provisions

 Lawyers acting for cases of second instance, as far as possible in accordance with the procedure of first instance.

  140.2 lawyers for the buyer to provide legal services to the content

    According to the trial lawyers can request of the parties, the written appeal or appeals pleadings.

  Lawyers acting for instance, should pay attention to whether the new evidence is presented, and attention to new evidence submitted by the deadline.

      A lawyer should communicate with the parties, the parties to a clear judgment court disagrees with the local part of facts.

     Request of the parties have been proposed in the first instance of the claim or counterclaim, the court not adjudicated, or beyond the scope of the claim of the verdict, a lawyer should request the court of second instance generation party mediation or remand.

    The plaintiff or the third party with independent claims increased litigation request, or the defendant or increase the counterclaim, lawyers should be the second instance court mediation or remand.

    A lawyer should try to collect support the claims, the claims of the other side of the counter evidence.

    The trial of second instance cases, lawyers to participate in the trial of first instance of the same rules and. Second case without trial, lawyers shall submit a written proxy word timely.

   The second case mediation, reconciliation, lawyers can be specifically authorized under the party, sign the mediation and reconciliation agreement, except as otherwise stipulated by law.

  After the trial, lawyers shall promptly submit a written agency comments to the court.

   The second instance verdict by a lawyer acting autograph, lawyers should be immediately referred the client to sign, and let the client to sign legal documents to the single and keep good courier receipts.

140.3 Lawyers for the key content of the buyer to provide legal services

  Did not participate in the proceedings of the first instance trial lawyers as agents, should be timely to the court review the case, and copy the relevant data files. Consult a lawyer in the dossier, as the focus of the review on the following aspects:

(1) a judgment ascertaining the facts, conclusive evidence is sufficient, there are no without evidence as the basis of adjudication, the evidence admissible evidence there is no problem, there is no contradiction between;

 (2) the first trial law properly;

  (3) the illegal procedure of first instance has no influence on the correct judgment of the case.

 140.4 lawyers for the risk of the buyer to provide legal services tips

A lawyer should fully understand the case, familiar with the evidence. Especially not agent case of trial lawyers, should be avoided because of the case are not familiar with the litigation idea made inappropriate.

The first is the preservation of the proceedings, lawyers should pay attention to the preservation period, and promptly brought to the trial court continued sealing, cold continued.

Article 141st the retrial stage

141.1 general provisions

A lawyer should review the application for retrial is in accordance with the "Civil Procedure Law" provisions of article 179th.

141.2 lawyers for the buyer to provide legal services to the content

 A lawyer shall inform the parties to a legally effective mediation book, provides evidence proving that the mediation violates the principle of voluntariness or that the content of the mediation agreement in violation of law, may apply for retrial.

A lawyer shall inform the parties apply for retrial, should be in the judgment, ruling made two years after taking legal effect; two years later, according to legal instruments to make the original decision, ruling is revoked or changed, and the discovery of the trial in the case when there is corruption, play favouritism and commit irregularities, behavior perverted the law, self aware or should be put forward 3 in that day.

141.3 Lawyers for the key content of the buyer to provide legal services

 Lawyers should pay attention to the conditions of application of retrial retrial application, all will revolve around the compliance with these conditions.

  A lawyer should inform the parties in a legally effective judgment, ruling, that is wrong, may apply to a people's court at a higher level for retrial, but it does not stop the execution of the ruling, decision.

Lawyers acting for parties put forward the application for retrial, the parties should be allowed to provide as detailed a second instance procedure, evidence and litigation documents may.

The people's Court of retrial cases, if it is according to the procedure of first instance, the lawyer engaged in litigation rules with the same first rule, if is according to the procedure of second instance, with the same instance rules.

141.4 lawyers for the risk of the buyer to provide legal services tips

   A lawyer shall inform the parties may bring a retrial conditions, to avoid misleading the parties. Lawyers should pay attention to the time limit for retrial.

The 142nd Executive

  142.1 general provisions

 The court's effective legal documents by the court of first instance is responsible for the implementation of.

   The arbitration award or letter of mediation shall be executed by the intermediate people's Court of the people responsible for the implementation of.

   142.2 A lawyer for the buyer to provide legal services to the content

  Attorney as the applicant, shall review the application for execution cases whether meet the following conditions:

    (1) for the implementation of the legal instruments already in force;

     (2) the applicant is the effective legal document holder or its successors, the right to bear;

    (3) the obligor fails to perform the obligations in the effective legal instruments to determine the period;

     (4) the applicant's application does not exceed the statutory time limit.

     The lawyer as the respondent's agent, shall review whether the applicant meets the following conditions:

      (1) is the effective legal documents to determine the respondent has to fulfill the obligation;

     　(2) the respondent fails to perform the obligations within the prescribed time limit.

     The lawyer entrusted execution applicant, should be the Scrivener enforce the application, which includes:

    (1) the applicant, is the basic information of the applicant;

     (2) application request;

 (3) the property status of respondent reason of application, subject matters, and the understanding of the.

  The lawyer to court for execution case, shall provide the following documents and certificates:

   (1) the written application for enforcement.

    (2) the effective legal documents;

  (3) the heir or right to bear the application, shall be submitted to inheritance or bear rights documents;

    (4) apply for enforcement of arbitration arbitration award, contract or agreement shall be submitted to the people's Court of arbitration content. Apply for execution of foreign arbitration institutions arbitration award shall submit the text, Chinese embassies certification or our notary public of the arbitral award;

   (5) the client's attorney and his law firm's letter;

    (6) identity certificate of the applicant. Individual citizens apply for execution, shall produce their identity cards; legal application for execution, the copy shall be submitted to the business license of enterprise legal person or other legal documents, as well as the identification certificate of the legal representative; other organizations apply for execution, shall submit the duplicate of business license or other documents, as well as the main responsible person id;

 (7) the other shall submit the documents or certificates.

142.3 Lawyers for the key content of the buyer to provide legal services

  For the developers to the person subjected to execution, relates to the subject-matter is the contract of sale of commercial housing, should pay attention to the construction unit of the priority of payment for construction and the mortgagee's priority, while the buyer has paid the purchase, the priority order in after buying by the people.

    The lawyer to give up, change of civil rights, to reach a settlement, or on behalf of the subject matter, should have the special authorization of the.

     The written application for enforcement by the signature or seal of the person, a lawyer should the people's court shall have the jurisdiction within the statutory time limit, apply.

      In the implementation process, outsider's objection, the applicant's lawyer should review its objection is founded. The lawyers that the opposition is not justified, shall provide the opposition is not justified opinions and reasons to the people's court.

      The transfer, conceal, sell, destruction of property, the applicant may apply for the seizure, seizure or lawyer immediately enforcement applicant property.

     Can change and addition of the executive body, the lawyer can put forward the addition and alteration of the subject of execution, apply to the people's court.

   The respondent fails to pay off its due debts, but in this case outside the third people enjoy due creditor's rights, the lawyer may apply to the people's court, request the people's Court issued a notice to fulfill the debt of third people.

     Is the applicant for the enterprise as a legal person, its property is insufficient to pay off all the debts, the lawyer shall consult with the client whether filed for bankruptcy.

      Is the applicant citizen or other organization, all property or property has been a court as a result of the implementation of effective legal documents to determine the obligation of paying money and attachment, seizure or freezing, no other property available for enforcement or other property is insufficient to pay off all the debts, was executed in the applicant property, the applicant has to obtain money claims execution according to the respondent, a lawyer should the applicant property involved in distributed applications. ,

      The applicant to apply for participation in the distribution of the people's court, lawyers shall to the original application for execution to participate in the distribution of the application, that participate in the distribution of the reasons, with the implementation of evidence. The people's court for enforcement of the original to the people's court presided over the distribution of.

     Participate in the distribution of the applicant on the court attachment, seizure or freezing of property have priority, security interest, lawyers should be the priority of claim.

    The applicant or the guarantor to the property to the people's court for enforcement of security, if the guarantee does not conform to the "security law" of the relevant provisions, lawyers shall raise an objection to the people's court, apply to the people's court to order the applicant to provide valid and effective guarantee.

    During the people's court, the guarantor is the applicant to provide a guarantee, the people's court accordingly not on the applicant property preservation measures or cancel the preservation measures, the conclusion of the case, if the respondent has no property available for enforcement or its property is not enough to pay off the debt, the lawyer shall apply to the people's court ruled that the applicant guarantee one executive in the guarantee liability within the scope of the property.

      In the implementation, the lawyer can according to the client's authorization, and the other parties reached a settlement agreement, change the effective legal instruments to determine the obligation subject, object and amount, standard performance way and deadline etc..

       If a respondent fails or not completely fulfill the settlement agreement reached between the parties in the implementation of the law shall, within the prescribed time limit, the recovery of the execution of the original effective legal documents for.

      Implementation for property certificates, such as equity transfer procedures on behalf of the principal, the lawyer shall examine the legitimacy.

       The generation of charge of executive payment lawyer, in charge of executive payment, payment to the applicant should be as soon as possible.

       Lawyers in the implementation stage, should be exhaustive law enforcement measures to realize the creditor's rights.

142.4 lawyers for the risk of the buyer to provide legal services tips

  Company law shall inform the parties of means of implementation, not necessarily for execution can completely realize creditor's rights.

  A lawyer should inform the parties in the legal provisions of the application period.

Section second sec Cut

143rd according to the arbitration agreement arbitration institution

143.1 general provisions

A lawyer shall notify the parties adopting arbitration for dispute settlement, should be voluntary, must reach an arbitration agreement, the arbitration agreement shall contain the following:

 (1) indicates that the request arbitration;

(2) the arbitration matters;

(3) selected by the arbitration commission.

143.2 lawyers for the buyer to provide legal services to the content

The lawyer review of arbitration agreement, should pay attention to the following aspects: ,

 (1) the arbitration agreement shall be made in written form, including the following:

The separate arbitration agreement;

② an arbitration clause in a contract;

The other written form: letter or electronic message (including telegram, telex, fax, electronic data exchange and electronic mail).

(2) the arbitration agreement time: can be agreed in advance, can also be reached after the.

 (3) the validity of the arbitration agreement:

The contract after the contract is not effective or cancelled, the validity of an arbitration agreement is not affected;

    The contract is the contract dispute to reach an arbitration agreement, the effectiveness of the contract is not established does not affect the arbitration agreement.

    (4) between the parties relating to arbitration disputes have no agreement, the dispute whether to belong to the arbitration agreement can be submitted to arbitration. The scope stipulated arbitration rules and arbitration of disputes should belong to the selected by the case.

    (5) the arbitration agreement the Arbitration Commission chosen is clear, whether there are two or more arbitration institutions.

    (6) there is no agreement coincides with the litigation arbitration agreement.

    143.3 lawyers focus on the contents of the buyer to provide legal services

    A lawyer should pay special attention to the validity of the arbitration agreement, contract dispute whether belonging to the scope of the arbitration commission accepts and Arbitration Commission is clear.

     143.4 lawyers for the risk of the buyer to provide legal services tips

     A lawyer shall inform the parties, any of the following circumstances, the arbitration agreement shall be invalid:

    (1) the matters agreed arbitration exceed the scope of arbitration prescribed by law;

    (2) without civil capacity or a person with limited capacity for civil act of arbitration agreement;

    (3) a square coercion, force the other party to an arbitration agreement.

    Arbitration agreement on arbitration or arbitration committee was not prescribed or clearly prescribed, the parties may reach a supplementary agreement; fail to reach a supplementary agreement, the arbitration agreement shall be invalid.

144th arbitration agreement has defects is determined when the arbitration institution

144.1 general provisions

The parties in the arbitration agreement on arbitration agreement should be clear, single and exclusive, such as uncertain processing is under any of the following circumstances:

 (1) the arbitration organization name is not accurate, but can identify specific arbitration institutions, shall be deemed as the arbitration institution has been selected, as the parties have agreed on the "economic and Trade Arbitration Commission in Shanghai city", can be found the Shanghai arbitration commission.

 (2) only stipulate the applicable arbitration rules, as no agreed arbitration institution.

 (3) agreed to two or more arbitration institutions, can choose one of them, if the parties to the selection could not reach an agreement, the arbitration agreement shall be invalid.

 (4) agreed to an arbitration institution for arbitration, and the only one arbitration, the arbitration institution as arbitration agreement; but if there were two or more arbitration institutions, according to the third types of situations.

144.2 A lawyer for the buyer to provide legal services to the content

A lawyer shall notify the parties shall expressly choose arbitration.

144.3 lawyers focus on the contents of the buyer to provide legal services

See the 144.2.

144.4 lawyers for the risk of the buyer to provide legal services tips

A lawyer should avoid to choose arbitration mechanism is not clear.

Process 145th litigation and arbitration Reclosing

145.1 general provisions

If the parties in the contract on the settlement of disputes over the arbitration agreement, and agreed to litigation, the arbitration agreement is invalid. However, a party shall be submitted for arbitration, the other party is not the first hearing of the arbitration tribunal of objection, as the arbitration agreement is established.

145.2 lawyers for the buyer to provide legal services to the content

A lawyer shall notify the parties to resolve a dispute in the choice of way, arbitration and litigation can only be one of two choices.

145.3 Lawyers for the key content of the buyer to provide legal services

See the 145.2.

145.4 lawyers for the risk of the buyer to provide legal services tips

A lawyer should avoid to resolve disputes in the choice of the way, both agreed to arbitration, and agreed to litigation.

Article 146th for the arbitration agreement has objection processing

146.1 general provisions

The party has objection to the arbitral agreement, can be brought to the ruling:

 (1) objection time as the first hearing before the arbitration tribunal.

 (2) the parties have submitted to the Arbitration Commission ruled that can both apply, can also apply to the people's court, a direction Arbitration Committee for another direction of court, identified by the court. The Arbitration Commission before the court has ruled, the ruling effectively.

 (3) of the arbitration agreement jurisdiction objection cases, respectively, by the court:

The application confirm the validity of an arbitration agreement and the jurisdiction of the intermediate people's court case, where the arbitration agency;

The application specific arbitration cases, the arbitration agreement jurisdiction or by the applicant to the intermediate people's court;

Apply and confirm the validity of international arbitration agreement case, respectively, by the arbitration institution is located, the signing of the agreement, the applicant or the jurisdiction of the intermediate people's court has his domicile;

The case concerning maritime, maritime arbitration agreement, arbitration stipulated by the arbitration agreement is located, agreement is signed, the applicant or the jurisdiction of the maritime court is the domicile of the defendant.

146.2 lawyers for the buyer to provide legal services to the content

Lawyers shall inform the parties attention to ruling time and jurisdictions.

146.3 lawyers focus on the contents of the buyer to provide legal services

See the 146.2.

146.4 lawyers for the risk of the buyer to provide legal services tips

See the 146.2.

The 147th arbitration request

According to the lawsuit, but must pay attention to the following two points:

 (1) determine the application for arbitration and litigation request is basically the same, but on the request of alteration and counterclaim this time, different rules of arbitration rules of arbitration institutions around, full attention should be paid to.

 (2) a request for arbitration system and based on the contractual relationship, such as relates to the liability for breach of contract and tort liability, can only choose the liability for breach of contract as a request for litigation, but you can choose one of them.

About 148th of the arbitration application

148.1 general provisions

The application for arbitration and litigation filed filed is basically the same, but must pay attention to the following aspects:

 (1) for arbitration shall submit the arbitration agreement and arbitration matters shall, within the agreed arbitration committee accepts range.

 (2) for arbitration shall be by the applicants with the Secretariat submitted to the Arbitration Commission Arbitration and evidence and copies, according to the general composition of the arbitral tribunal shall submit copies of books and copy number of evidence to the arbitration commission.

 (3) for arbitration shall be in the arbitration institution accepts after receiving the panel of arbitrators and arbitration rules, and shall be specified in the rules of arbitration of arbitrator within the time limit.

 (4) the arbitration parties only the parties to a contract, the parties to the contract by the applicant in addition to outside, can not be added, no third people, while the litigation may be an additional CO defendants and the third person.

148.2 lawyers for the buyer to provide legal services to the content

A lawyer shall inform the parties filed between arbitration and litigation.

148.3 Lawyers for the key content of the buyer to provide legal services

According to the second series of the first verse of the first chapter.

148.4 lawyers for the risk of the buyer to provide legal services tips

According to the second series of the first verse of the first chapter.

Property preservation 149th arbitration cases

149.1 general provisions

 (1) the property preservation arbitration case application should be submitted to the arbitration organization, arbitration institutions will be the application of the parties to the court, according to the jurisdiction of the court is required to submit relevant materials and pay the cost.

 (2) the property preservation arbitration cases in general by the property where the court or the court ruled the domicile.

149.2 lawyers for the buyer to provide legal services to the content

According to the second series of the first verse of the first chapter.

149.3 lawyers focus on the contents of the buyer to provide legal services

According to the second series of the first verse of the first chapter.

149.4 lawyers for the risk of the buyer to provide legal services tips

According to the second series of the first verse of the first chapter.

Article 150th of the arbitration tribunal

150.1 general provisions

Composition of the arbitration tribunal is composed of 3 arbitrators, case summary procedure consists of 1 sole arbitrator to the arbitration.

150.2 lawyers for the buyer to provide legal services to the content

Lawyers shall inform the parties each appoint or entrust the chairman of the Arbitration Commission to appoint the 1 arbitrator, the third arbitrator shall be jointly selected by the parties, or designated by the chairman of the arbitration commission.

150.3 Lawyers for the key content of the buyer to provide legal services

A lawyer should inform the parties should pay attention to the following matters in the process of arbitrator in:

 (1) shall be submitted to the specified list of arbitrators without loss of rights within the prescribed time limit.

 (2) read the arbitrators and fully understand the arbitrator's knowledge, experience, choice in commercial housing transactions, familiar with the real estate transaction practice of arbitrator to form an arbitration tribunal.

(3) the arbitrator more by a practicing attorney concurrently, the Arbitration Commission designated and other selected lawyer, arbitrator, attention should be paid to possible between it and the other agents and the various interested, if found to be timely notified to the parties, and shall be submitted for arbitration commission pay attention to whether there is withdraw.

150.4 lawyers for the risk of the buyer to provide legal services tips

A lawyer shall notify the parties to submit appointed arbitrator within the prescribed time limit, and pay attention to remind the parties apply for withdrawal.Article 151st of the burden of proof

Refer to action, must pay attention to the following two points:

 (1) the proof and the "Supreme People's Court on evidence in civil proceedings Several Provisions" (hereinafter referred to as the "rules of evidence") are basically the same, but also has the difference, especially on the time limit for adducing evidence and delayed submission of evidence cognizance, arbitration rules of the arbitration institutions are not consistent, full attention should be paid to.

 (2) the use of arbitration on the identification of a litigation cost audit relatively loose, should pay attention to. The 152nd trial

Refer to action, must pay attention to the following three points:

 (1) the arbitration case does not open to the public, one party is in attendance, shall obtain the consent of the other party and the arbitration tribunal.

(2) the case agent, are generally not subject to the limit of two, may need more than two cases entrusted agent to appear.

 (3) the arbitration case trial from the arbitration tribunal set ting date, instead of calculating the date of acceptance.

Article 153rd the arbitral award revocation and no implementation

153.1 general provisions

153.1.1 about the arbitral award revocation

 (1) the parties to apply to the court for cancellation of the award should be consistent with "the people's Republic of China Arbitration Law" (hereinafter referred to as the "Arbitration Law" provisions of article fifty-eighth);

 (2) the application for cancellation of the award received the award at the date of 6 months;

(3) for cancellation of the award by the Arbitration Commission shall be under the jurisdiction of the case, where the court;

 (4) the court accepts the application for cancellation of an award, the other party to apply for execution of the same award, the court shall order the suspension of execution after accepting;

 (5) after court, that can be re arbitration, inform the arbitration tribunal of re arbitration. The parties to the arbitration is still not satisfied, can separately apply for revocation.

About 153.1.2 of refusing to execute the arbitral award

 (1) the parties to apply to the court for refusing to execute, are required to submit proof of compliance with the "Civil Procedure Law" the 217th paragraph second and 260th article of the cases;

 (2) the application for cancellation of an award is rejected, but in the implementation process with the same reason for not to be executed shall not support;

 (3) to form for mediation or conciliation and arbitration documents, litigant refuses to execute the application, shall not support;

153.1.3 for the validity of an arbitration agreement and the revocation or refuses to execute the

 (1) does not raise any objection to an arbitration agreement in arbitration procedure, has no right to revoke or refuse to execute on the grounds that the;

(2) the objection has been proposed but not adopted, the ruling and so on the grounds that the revocation and no implementation, with the "Civil Procedure Law" article 217th, article 260th and the "Arbitration Law" the provisions of article fifty-eighth, support.

 153.2 lawyers for the buyer to provide legal services to the content

A lawyer shall inform the parties to the legal situation of revocation and no implementation.

153.3 Lawyers for the key content of the buyer to provide legal services

See the 153.2.

153.4 lawyers for the risk of the buyer to provide legal services tips

See the 153.2.

                                   

Second chapter, the sale of commercial housing contract disputes

The first commercial housing sales contracts entered into before the dispute and its treatment

154th commercial housing sales advertisements dispute and its treatment

154.1 A lawyer for the buyer to provide legal services to the content

Sales of advertising and promotional materials in the commercial housing in accordance with "judicial interpretation" provisions of article third, which can be regarded as an offer case, if such disputes, developers in general as a defendant, lawyers can provide the following contents according to the different stages of:

The general counsel should have sales of advertising and promotional materials are collected evidence materials offer, as follows:

(1) the sale of advertising and promotional materials;

(2) commercial housing sale contract or a contract for the sale of commercial housing.

154.2 lawyers focus on the contents of the buyer to provide legal services

154.2.1 A lawyer should review whether the sale of advertising and promotional information to meet the "judicial interpretation" of the provisions of third, can be regarded as an offer.

154.2.2 Review of developers and buyers of commercial housing pre-sale or sale contract, whether there is a special agreement negative sales of advertising and promotional materials of offer effectiveness, if there are special provisions, should inform the buyer.

154.2.3 if indeed for the offer, and the developers failed to sell advertising and promotional materials for the description and promised delivery of housing, according to the legal provisions and the stipulations of the contract default liability for developers, if be cancelling the contract conditions, it should be the termination of the contract losses in the lawsuit claims.

154.2.4 if the contract is not agreed clear liability for breach of contract, the lawyer shall collect evidence to prove that the buyer losses.

154.2.5 for the defense evidence developers produce, should carefully review, determine whether to developers exempt reasons, such as whether it is and promises by the government behavior to the sales of advertising and promotional information contained in that cannot achieve.

154.3 lawyers for the risk of the buyer to provide legal services tips

 154.3.1 Lawyers should be prompted to buyer, offer content developers failed to achieve sales of advertising and promotional information contained, the buyer may require developers to assume liability for breach of contract.

154.3.2 lawyers should be prompted to the buyer, the two sides have agreed to the delivery of housing developers not in accordance with the sales of advertising and promotional materials contents of the offer of the liability for breach of contract, it shall be handled according to the general; no agreement, according to the buyer to provide evidence, generally by the judicial appraisal agencies shall prevail. If the breach of contract by the people to buy the actual loss, the buyer may request compensation according to the actual loss.

155th commercial housing subscription book dispute and its treatment

According to the Supreme People's court civil trial chamber I compiled the "Supreme People's Court on the trial of understanding and application of" commercial housing sales contract disputes judicial interpretation of a book that, subscription book contents generally include: the basic situation of the parties; the basic situation of housing (including position, area, unit price) signed a formal contract time limit; an agreement. Subscription book shall go through the procedures approved by the planning, building, the developers have completed development projects, development projects have been finalized, but has not achieved the pre-sale commercial housing permits sign. 　

The "judicial interpretation" of the provisions of article fifth, commercial housing subscription, ordering, reservation protocol has "sales of commercial property management approach" the provisions of article sixteenth of the contract for the sale of commercial housing the main content, and the developers have received in accordance with the agreed to purchase, the agreement should be identified as commercial housing sales contracts.

So, in this dispute, this guide will according to the subscription book for the appointment contract, subscription book for the commercial housing sales contracts, two types of analysis.

155.1 subscription book for booking contract disputes and its treatment

155.1.1 lawyer for the buyer to provide legal services to the content

Lawyers need to collect two evidence:

(1) the developer and the buyer (the purchaser) signed subscription book;

 (2) failed to sign a contract for the sale of commercial housing reasons and the responsible party.

155.1.2 lawyers focus on the contents of the buyer to provide legal services

(1) review the subscription book content and performance, to determine whether it can be regarded as a commercial housing sales contracts.

(2) for can not be identified as a contract for the sale of commercial housing subscription book, review for the book signing time, main clauses of the contract, the basic focus on the housing (including position, area, unit price) signed a formal contract agreed time frame.

(3) review did not sign the contract for the sale of commercial housing in the subscription book of reason and responsibility.

(4) if the parties did not in the subscription book agreed terms of deposit, and because developers reasons failed to sign a contract for the sale of commercial housing, should be in accordance with the "contract law" and "judicial interpretation", inform the developers may need to assume responsibility, mainly is the contract contracting negligence on the "contract law" provisions of article forty-second of the compensation responsibility.

(5) if the parties did not in the subscription book agreed terms of deposit, and because the buyer (subscribers) for failing to commercial housing sales contracts signed, should be in accordance with the "contract law" and "judicial interpretation", inform the developers may request the buyer (subscription) assume responsibility, this is mainly based on the "contract culpa in contract law" the provisions of article forty-second shall bear the responsibility for compensation.

155.1.3 lawyer to risk the buyer to provide legal services tips

If the buyer is not considered to the commercial housing sales contracts signed by litigation, should inform the buyer of the responsibility of the required, for the comparison that the hope that steps taken.

 155.2 subscription book for the sale of commercial housing contract disputes and its treatment

Subscription book was identified as a commercial housing sales contracts should accord with two conditions:

(1) the main content with the "sales of commercial property management approach" the provisions of article sixteenth of the contract for the sale of real estate.

(2) the developer has received in accordance with the agreed purchase.

So, here is the book with the above two conditions, and the analysis should be identified as commercial housing sales contracts.

 155.2.1 A lawyer for the buyer to provide legal services to the content

Generally need to be collected as evidence:

 (1) the developer and the buyer (the purchaser) signed subscription book;

  (2) the developer has actually received the buyer (subscription) by about payment of purchase evidence;

 (3) in action, whether developers obtain pre-sale permit evidence.

155.2.2 lawyers focus on the contents of the buyer to provide legal services

(1) according to the different requirements of the buyer to buy a house or the actual return a house, according to the "judicial interpretation" provisions of article second, suggesting that the buyer should be achieved commercial housing subscription book pre-sale permit to take effect, after the developers so, the buyer is to actually buy a house, can inform the buyer get the goods housing pre-sale permit developers to sue, if the buyer is to actually return a house, can inform the buyer sued the developers are not made in the commercial housing pre-sale permit, a request that the contract is invalid.

 (2) if the buyer for the defendant, a lawyer should according to "the judicial interpretation of the provisions" of the subscription book review and prosecution, effective, effective and ineffective cases in accordance with the "contract law" and "judicial interpretation of the provisions" distinction.

 (3) if the identified as the contract for the sale of commercial housing subscription book is effective, disputes with the corresponding with the sale of commercial housing contract dispute processing, analysis the following chapters.

 155.2.3 lawyer to risk the buyer to provide legal services tips

A lawyer should strictly examine the subscription book "judicial interpretation" in accordance with the provisions of article fifth of the purchase procedure and effect, and inform the people subscribe book may adopt the scheme.

Disputes and 156th subscription book deposit

Provisions relating to the deposit of subscription book in law saw "judicial interpretation" of fourth, referred to in these Provisions apply to the deposit must be in order to guarantee the sale of commercial housing contract of covenant deposit. Following a comparison:

If Party B agreed subscription book "(the buyer) to pay Party A in X days to sign the housing subscription book inside (developers) × yuan deposit, signed the" commercial housing sales contracts ", the money to offset the purchase". Provisions similar, the deposit properties of the subscription book for the advance payment. The rules can be applied "provisions of the twenty-second way" sales of commercial property management:"...... Real estate development enterprises in the commercial housing sales contracts entered into prior to the buyer to charge subscription fees, commercial housing sales contracts entered into, the fees should be in a Fangjiekuan; the parties failed to conclude a contract for the sale of real estate, real estate development enterprises should return to the buyer the charges between the parties; otherwise the terms of the contract, the parties."

 If the agreed subscription book "Party B (buyer) are required to sign the housing subscription book X days and the Party (developers) signed the" commercial housing sales contracts ". If Party B does not sign the "commercial housing sales contracts" in the above period, Party A shall have the right to deduct Party B have to pay a deposit, and shall dispose of the housing". Provisions similar, the agreed subscription book is a deposit, the applicable penalties for "the judicial interpretation of the provisions" of article fourth.

156.1 A lawyer for the buyer to provide legal services to the content

(1) collection of developers and buyers (subscription) signed subscription book;

  (2) review of the validity of the deposit clause;

 (3) review did not sign the contract for the sale of real estate and the responsible party.

156.2 lawyers focus on the contents of the buyer to provide legal services

 (1) review the developer and the buyer (for people) signed subscription book agreed terms of deposit, according to the "security law" provisions of article 118th of the judicial interpretation: the parties to hold gold, guarantees, margin, contractual payments, deposit or deposit, but no agreement deposit properties, parties that won the right, the people's court shall not support. But if the subscription book states: if the parties have not signed a formal contract for the sale of commercial housing, the buyers default, the deposit, the deposit is not returned, the developers default to double the return of deposit, deposit. The legal nature of the deposit, deposit found on the controversial. In judicial practice, the court or arbitral institutions have recognized that this is a kind of liability for breach of contract, also identified as deposit. So, must carefully review the agreed deposit, or retention payments, deposits, deposits, contractual payments, deposit or deposit, once determined the nature is by no means "deposit", it can not be applied down penalties; if it belongs to the "proviso", the courts have different case, lawyers should be treated with caution.

(2) review the deposit clause is the actual performance. According to the "PRC security law" (hereinafter referred to as the "security law") the provisions of article ninetieth, the deposit shall be agreed in writing. Parties should be agreed in advance to purchase the contract period. The deposit contract shall become effective from the date of purchase. If the buyer (for people) without the actual delivery of the deposit, then the deposit clause does not come into effect.

 (3) review the developer and the buyer (for people) agreed to deposit the amount of signed subscription book. According to the "security law" the ninety-first regulation, deposit amount agreed upon by the parties, but shall not exceed the amount of the principal contract 20%. So, if the amount of deposit the agreed subscription book in 20% parts over the contract amount, more than part of the void.

 (4) review the buyer (for people) the actual delivery of the deposit amount and the subscription book quota amount is the difference between. According to "the Supreme People's Court on the application of (PRC security law) interpretation of several issues" (hereinafter referred to as the "guarantee law judicial interpretation") 119th provisions: the actual delivery of the deposit amount more or less than the agreed amount, as the change of the deposit contract; receive advance party of objection and refuse to accept deposit, deposit the contract is not in force. If there are differences, and not over the contract amount 20%, and developers are accepted, should be based on the actual delivery of the deposit amount of deposit penalties applicable.

 (5) the reason and responsibility examination not commercial housing sales contracts signed, if the responsibility of the developers, the developers need to return the buyer (subscription) double down payment, if the responsibility of the buyer (the purchaser), developers will not be returned to the buyer (subscribers) to pay the deposit, if both parties have no responsibility, developers should have received the deposit to the buyer (subscriber).

 156.3 lawyers for the risk of the buyer to provide legal services tips

 A lawyer should promptly to the buyer issue legal opinion book, inform the deposit clause the effectiveness of subscription book, and the reasons for developers have not signed the contract for the sale of commercial housing developers should be double the return of deposit, or non developers why not signed a contract for the sale of commercial housing developers didn't pay the deposit.

157th commercial housing disputes and its treatment

157.1 A lawyer for the buyer to provide legal services to the content

157.1.1 collected the evidence shall include:

 (1) the developer and the buyer signed commercial housing sale contract or contracts of sale;

(2) the buyer to purchase the situation;

 (3) the developers and buyers of compliance.

 157.1.2 Review of commercial housing pre-sale contracts or contracts for the deposit clause and breach of contract terms.

 157.1.3 review the default party, and shall bear the responsibility.

157.2 lawyers focus on the contents of the buyer to provide legal services

　(1) determine the validity about the deposit clause, can refer to this section 156.2 (1), (2), (3), (4) parts.

(2) if the payment for the establishment or the effective elements of the contract, the buyer payment review delivery situation, if the buyer fails to about payment, but the buyer has to pay about the purchase, and developers have delivery of housing, according to the "security law" provisions of the judicial interpretation of article 116th, shall inform the buyer of the sale of commercial housing sale or contracts already in force, not to advance is not delivered and advocate of contracts before effect.

(3) review of commercial housing sale contract or contracts of sale, if both parties agreed to deposit and liquidated damages, according to the "contract law" in article 116th, if developers default, the lawyer shall inform the buyer of the may choose to apply a on favorable terms from the penalty terms and payment terms.

 (4) the lawyer shall inform the buyer, according to the "security law" provisions of the judicial interpretation of article 117th applicable penalties, the main contract, but at the same time, still need to undertake responsibility of breach of contract damages or losses agreed.

(5) a lawyer should review the extent of breach of contract, according to the "security law" provisions of the judicial interpretation of article 120th, if the developer is not fully perform the contract and not to the purpose of the contract can not be achieved, should inform the buyer, should be in accordance with the unperformed part accounts for the proportion to the content of the contract agreement deposit penalties applicable, and if the buyer is not completely fulfilled, should inform the buyer may request according to the proportion of defense penalties applicable deposit.

 (6) a lawyer shall review the causes can not perform the contract, according to the "security law" provisions of the judicial interpretation of article 122nd, inform the buyer, less force and accidents are exempt matters; while others such as the third party caused by, also must first apply the deposit penalties, just give the deposit penalties party a right of recourse.

157.3 lawyers for the risk of the buyer to provide legal services tips

 (1) lawyers should be the actual performance of Sui Kuang deposit terms and deposit part carefully review the commercial housing pre-sale contracts or contracts of sale, and according to the "contract law", "guarantee law" and its interpretation, on the effectiveness of deposit part of the buyer to issue legal opinion book.

(2) a lawyer should examine the performance of the contract, issue legal opinion book to inform the buyer of any part of the purpose of contract belongs to, or completely not implemented.

(3) a lawyer should analyze the reasons for performance of the contract situation, the buyer should bear the responsibility, or the buyer's rights, and issue legal opinion book inform the buyer.

Second commercial housing sales contracts signed with the establishment of the dispute and its treatment

Disputes and handle the 158th area and the price difference

The theoretical part referring to the non litigation section.

158.1 A lawyer for the buyer to provide legal services to the content

A lawyer for the buyer commercial housing area disputes of legal services, which can provide reference to the content of article twenty-fourth.

158.2 lawyers focus on the contents of the buyer to provide legal services

With reference to article twenty-fifth.

158.3 lawyers for the risk of the buyer to provide legal services tips

158.3.1 Lawyers for the risk of the client hint

(1) after examination found that lawyers, developers and buyers to the area error with the agreement of the "judicial interpretation" provisions of article fourteenth of the same, should inform the buyer by way of handling differences with contractual area.

(2) after examination found that lawyers, developers and buyers on the area of how to deal with errors no agreement or the agreement is not clear, should inform the buyer of the "judicial interpretation" provisions of article fourteenth of the processing. 　　

(3) after examination found that lawyers, developers and buyers to the area error have agreed, in principle should be agreed by the two sides processing.

 (4) if the property mapping specification or policy change and lead to differences in size, cohesion policy according to the national or local authorities issued, and not simply based on the contract processing.

(5) if the market fluctuation of price difference, developers of commercial housing price no commitment, the lawyer shall inform the buyer in general can not require developers to assume responsibility for the commercial housing price.

 (6) if the developers beyond the price administrative department of pricing of commercial housing sales, the lawyer shall inform the buyer of the developers should bear the liability of the illegal administrative, but not necessarily bear the liability for breach of contract.

We should pay attention to 158.3.2 law problem

According to the 158.3 (2). Article 159th the distinction between ownership of the building (including roads, green space, public places, public facilities, property services space, parking lots, buildings and ancillary facilities repair funds, cost sharing, income distribution and identification) dispute

The theoretical part referring to the non litigation section.

 159.1 A lawyer for the buyer to provide legal services to the content

 The owners of condominium ownership disputes in the dispute, according to different contents, mainly has the following types of disputes:

 (1) green disputes;

 (2) the garage, parking disputes;

 (3) property repair fund disputes;

 (4) the buildings and ancillary facilities allocation dispute;

(5) public places, public facilities disputes;

  　(6) the roof platform use rights disputes.

In these disputes, developers are generally as the defendant, the lawyer should be based on different types of disputes, to provide the corresponding service.

159.1.1 green disputes

In the green land disputes, ownership disputes mainly is green, in most cases, developers generally as the defendant, the main types of disputes is green assignee confirmed the sale, or rental requirements on both sides of the donation contract is invalid, or the requirements of green areas for the right to do. Lawyers as agents accused developers, should provide the following services according to each stage of the proceedings:

 The claim and the fact reason lawyers should be determined according to the plaintiff's complaint, written pleadings, judge whether the cases exceeded the limitation of action, the jurisdiction of the court is correct. For developers to sell, lease or grant green, lawyers should be collected as evidence:

 (1) the green space planning approval documents;

 (2) green allows the transfer of the administrative license;

  　(3) the green land area and / or whether the mapping file sharing construction area;

  (4) the ownership certificate of the green;

 (5) the green management authority transfer documents, including the "commercial housing sales contracts," green land transfer agreement, developers advertising, promotional materials to green related content;

  (6) green cost is the cost of commercial housing has been included in the evidence;

 　(7) making the local government local regulations, rules and documents.

 Evidence law should be collected, written evidence submitted to the court or arbitration institution directory, within the specified time period.

The 159.1.2 garage, parking disputes

In the garage, parking disputes, mainly is the ownership dispute over the garage, in most cases, developers generally as the defendant, the main types of disputes is the garage, parking spaces for confirmation of sale, the transferee or renting the bestowal contract is invalid, or garage, parking spaces on the area of right. Lawyers as agents accused developers, should provide the following services according to each stage of the proceedings:

The claim and the fact reason lawyers should be determined according to the plaintiff's complaint, written pleadings, judge whether the cases exceeded the limitation of action, the jurisdiction of the court is correct. For developers to sell, lease or grant garage, lawyers should be collected as evidence:

(1) the garage, parking planning approval documents;

 (2) the garage, parking permits the transfer of administrative license file;

 (3) the garage, parking area of land and / or construction area is assessed mapping file;

 (4) the certificate of ownership of the garage, parking spaces;

(5) the garage, parking management authority transfer documents, including the "commercial housing sales contracts," garage (spaces) transfer agreement, developers advertising, promotional materials relates to a garage, parking spaces related content;

(6) transfer of the garage, parking spaces developers belongs to the civil air defense project, the need to provide air defense Department agreed to use file;

(7) the garage, parking spaces cost is included in the cost of commercial housing evidence;

 (8) making the local government local regulations, rules and documents.

Evidence law should be collected, written evidence submitted to the court or arbitration institution directory, within the specified time period.

The 159.1.3 property repair fund disputes

Repair fund property disputes, mainly because developers repair fund misappropriation of property disputes, the Attorney General shall collect the following evidence:

(1) the sale of commercial housing contract;

(2) property repair fund paid certificate;

(3) property repair fund transfer voucher.

159.1.4 building and affiliated facilities allocation dispute

Commercial housing sold, the owners and developers may exist between the building and affiliated facilities such as the roof of the advertisement income dispute, wall advertising income, rental disputes, ancillary facilities benefit disputes. Lawyers in dealing with such disputes, the general should be collected as evidence:

(1) the sale of commercial housing contract;

(2) agreement for the buildings and ancillary facilities of income distribution;

(3) the sale, lease the building and affiliated facilities thereof evidence;

 (4) the sale, rental buildings and ancillary facilities to gain evidence;

(5) for the buildings and ancillary facilities income use evidence etc..

Public 159.1.5 in public places, facilities disputes

In public places, public facilities, disputes are mainly the ownership dispute and the benefit dispute, lawyers in handling such cases, the general should be collected as evidence:

 (1) the sale of commercial housing contract;

  (2) approval documents of public places, public facilities planning;

 (3) public places, public facilities, surveying and mapping data;

(4) the ownership certificate of public places, public facilities;

 (5) of the public ownership, public facilities and distribution of income supplement agreement etc..

Lawyers in the collection of the data, but also should pay attention to the collection of local construction Department of public utilities, local policy.

159.1.6 roof platform use rights disputes

The lawyer handling roof platform use rights disputes, the general should be collected as evidence:

(1) the sale of commercial housing contract;

 (2) planning documents of ratification roof platform will allow used alone;

 (3) and a roof terrace developers and other interested owners on the roof platform between the right to use.

 In the condominium ownership dispute case, the buyer usually appears as the plaintiff. The lawyer as the buyer's agent, should investigate and collect the evidence, according to the relevant evidence materials the buyers and developers signed the contract. According to the contract claims and determine the foundation of right of claim, organize the compilation of evidence list etc..

159.2 lawyers focus on the contents of the buyer to provide legal services

The lawyer for the buyer to provide legal services, attention should be paid to buy the litigation subject qualification of people, generally the buyer contract disputes in commercial housing for the prosecution case; if the buyer to the prosecution case, shall review the buyer can separate prosecution, or the need for nominal owners Commission charges.

 159.2.1 green disputes

(1) a lawyer for the buyer to provide legal services, the effect should review developers sell, lease or grant green behavior, determine the processing scheme.

(2) a lawyer shall review the developers sold, leased or gift green behaviour is in accordance with the law, administrative rules and regulations. "Property law" stipulates that the seventy-third "expressed belong to the individual" should meet two conditions: one is the planning document has been approved by the related green space within the building can all belong to the individual; two is the developers have on green space and relevant owners were agreed, to the owners of personal a.

 (3) a lawyer shall review the developers sell, lease or grant green whether it is for the use of land, if it has been handled, the general presumption in accordance with "property law" seventy-third article; if not handled, should review the space occupied by the scope of land planning conditions and management authority in the registration process.

 (4) if the developer behavior relates to administrative organs, can suggest the buyer in a timely manner with the administrative contact, listen to the views of the administrative organ.

 The 159.2.2 garage, parking disputes

 (1) a lawyer should garage, parking censorship dispute position, according to the garage, parking garage, parking spaces to determine the location of the sale, rental or gift contract.

 (2) developers will be underground civil air defense projects as a garage, parking spaces for sale, lease or grant individual owners, developers should examine whether it is for the relevant approval procedures.

 　　(3) if the housing developers will be elevated bottom layer as a garage sale to the owners of the garage, shall review whether has obtained ownership certificate, if not obtained a certificate of ownership, should review the overhead bottom layer area is assessed, or whether the separate calculation floor area.

(4) if the developers will be in accordance with the provisions of the ratio range of public facilities, parking garage sale, lease or grant owners, should be reviewed according to local policy, according to the management authority provisions ratio range of public facilities, parking garage.

 　　(5) if the developer garage, parking spaces for sale, lease or grant owners outside, the lawyer shall review the developers to sell, lease or grant garage, parking garage, parking spaces when the compliance with the cell range must first meet the owners needs.

 The 159.2.3 property repair fund disputes

Produce repair fund property disputes, lawyers should review the buyer has to pay the property repair fund, if paid, whether the developer has been handed to the location of the building by the housing (real estate) departments escrow.

159.2.4 building and affiliated facilities allocation dispute

(1) lawyers should be the existence of a building and its ancillary facilities income distribution between developers and buyers review agreement, if agreed, review contract compliance with the law.

 (2) if the allocation to the building and affiliated facilities thereof is not agreed, it shall be treated according to "property management regulations" in article fifty-fifth, the property sharing parts, shared facilities and equipment for business owners, the proceeds should be used primarily to supplement special repair funds, can also be used in accordance with the decision of the owners' congress.

 Public 159.2.5 in public places, facilities disputes

                                   

(1) a lawyer shall review the dispute involved in public places, public facilities whether ownership certificate, if separate ownership certificate, certificate of ownership rights according to the general be determined or the use of all people.

 (2) whether to belong to public places, public facilities is unidentified, lawyers should be approved document review plan, according to the nature of planning documents to determine disputes related sites and facilities.

 (3) on the laws, administrative rules and regulations have special provisions in public places, public facilities, lawyers should be according to the provisions of laws and administrative regulations, to confirm the ownership.

 159.2.6 roof platform use rights disputes

 If the developers will the roof platform independent gift or rental, sale to the owners, lawyers should be used alone to focus on the roof platform is already planning administrative department for approval, and other owners of the roof outside covered whether already agreed to use by owners separate roof.

159.3 Lawyers for the risk of the buyer to provide legal services tips

159.3.1 Lawyers for the buyer's risk

(1) if the lawyer after examination revealed the presence of administrative organs for approval or permission error, should inform the buyer in advance whether to file an administrative lawsuit.

 (2) the lawyer in the review, if the buyer that the green space system of urban public green space or land use right belongs to the owners of green space, should inform the transfer behavior of unauthorized disposition, transfer contract signed invalid. If the buyer the green without planning permission and does not expressly for personal use, may be invalid, signed the transfer contract of the green.

(3) the lawyer in the examination, if discover the vendee the garage system on public roads, towns of the owners of the road or other owners to build on the site, should inform the transfer contract signed by the person buy invalid.

(4) if the buyer does not conform to "the garage garage design specification", may require developers to rectification and bear the liability for breach of contract.

 (5) if the garage (spaces) of the buyer not within the building owners, lawyers shall notify the buyer within the building planning for park garage, garage owners should first meet the needs of.

 (6) if the developers from the buyer's property repair fund, may require developers to handle the transfer formalities according to the provisions of.

 　　(7) if the developers use the buyer's buildings and ancillary facilities for business, and gains, may require developers to stop the infringement, and the return of income.

  　　(8) if the developers will be a public place, public facilities for sale, rental or gift owners or their own business, the buyer may require developers to stop the infringement, and return the proceeds or compensation for losses.

  (9) lawyers should be prompted to the buyer, if the developers will the roof platform independent gift, rental or sale to the owners, not approved by the planning departments and the buildings, other owners consent, developers of the gift, the rental or sale of the act invalid, the buyer can not be used to separate the roof platform.

159.3.2 lawyers themselves should pay attention to the problem

 (1) the distinction between ownership of the building that the problem itself is more complex, the lawyer should not only the relevant provisions on the basis of "property law" to judge, also should be based on the "property management regulations" and related regulations, the judicial interpretation of the Supreme Court and the relevant cases, the controversial issues to determine.

 (2) relates to the distinction between ownership found case building, not only relates to the developers and the corresponding buyer, also relates to other owners, may lead to mass incidents, lawyers should make the buyer's work, prevent illegal group events.

Disputes and processing 160th refined decoration and housing delivery model standard

Refined decoration delivery standards dispute mainly include commercial housing decoration content (including materials, facilities, equipment, color, layout) does not meet the standards stipulated in the contract dispute, do not meet national decoration construction and acceptance specification disputes decoration quality problems, decoration disputes etc.. A lawyer should understand the "code for acceptance of construction quality of building ground", "architectural decoration quality acceptance norms", "civil engineering indoor environmental pollution control norms" and "metal and stone curtain wall engineering technical specifications" and other national standards and norms in the mandatory provisions.

160.1 lawyers for the buyer to provide legal services to the content

The lawyer is refined decoration housing delivery standard proxy buyer, plaintiff's attorney general is. As the buyer of the plaintiff agents, lawyers should provide the following contents according to the stage of the proceedings:

A lawyer should collect evidence pertaining to the case:

   (1) if the refined decoration delivery standards inconsistent with the contract terms, should be collected:

The commercial housing sales contracts signed by the two parties "";

 The two sides delivery standards for refined decoration of the agreement;

The refined the developers advertising decoration standard content;

 The developers of materials, equipment modification to the buyer of the letter;

 The buyer specifies the written documents, facilities and equipment, color, style, size etc.;

Between the developer and the buyer whether or not according to the model of the housing standards for delivery of the contract;

The actual decoration materials.

(2) if the refined decoration delivery standards in violation of national mandatory standards or specifications, lawyers should be collected as evidence:

The bar above (1) evidence materials;

 The national mandatory standards for construction, decoration;

③ decoration acceptance record.

The lawyer to collect evidence, according to the evidence to draft the indictment, compiling evidence directory and to prosecute etc..

160.2 lawyers focus on the contents of the buyer to provide legal services

(1) a lawyer should collect and examine evidence material 160.1, the buyer is unable to provide the corresponding file, the lawyer to investigate and collect evidence; the lawyer investigation is still unavailable, may apply to the court for investigation and evidence collection.

(2) shall be determined according to the case law litigation request, is required to perform the contract or compensation for the losses or to request return a house.

(3) if the buyer for refined decoration housing delivery standards do not meet the requirements but not Shoufang, lawyers shall determine whether to require developers to assume liability for breach of contract according to the case of overdue others.

(4) a lawyer should determine whether needs were identified according to the circumstances of the case, if the buyer to apply for accreditation, it shall inform the buyer in advance fee.

160.3 lawyers for the risk of the buyer to provide legal services tips

(1) if the lawyer after examination found, refined decoration of commercial housing decoration standards do not conform with the contract, but in fact can not perform, not suitable for performance or the performance of the high cost, does not require developers to assume the responsibility to fulfill.

(2) if the lawyer after examination found that, although refined decoration in the commercial housing decoration standards do not conform with the contract, but no damage to the buyer, but according to the contract default liability require developers to assume liability.

(3) if the lawyer after examination found, because commercial housing refined decoration decoration standards do not meet the buyer has the right to reject the goods, if the housing delivery delay has reached the buyer can check out time, lawyers shall inform the buyer can return a house.

 (4) if the buyer that the delivery of commercial housing refined decoration and the model of the housing inconsistent, should require the buyer to provide the model of the housing decoration standard of proof; if the buyer can not provide, may bear the adverse consequences.

(5) if the delivery of housing developers do not conform to the contract and the buyer rejects, lawyers should be based on specific circumstances to inform the buyer can return a house and check whether the result of. Article 161st housing quality disputes and processing (the quality of housing, housing quality is not qualified, housing quality problems seriously affect the use is not timely repair leads to loss compensation)

Provisions relating to housing quality disputes of the main laws, regulations and judicial interpretations have:

"Construction law" sixty-first paragraph second: "the completion of construction experience - qualified, before delivery; without acceptance or unqualified acceptance, not to use." "Regulations" City real estate development and management seventeenth and the "construction quality management regulations" sixteenth article made similar provisions. "Construction law" sixty-second and "Regulations" construction quality management chapter sixth makes provision for warranty responsibility.

"Judicial interpretation" the twelfth stipulation: "as the main structure of the housing quality can not be delivered for use unqualified, or delivery of housing, housing quality by verifying the main structure is not qualified, the buyer requests rescission of the contract and compensation for losses, shall support." Article thirteenth stipulates: "the housing quality problems seriously affect the normal residential use, the buyer requests rescission of the contract and compensation for losses, shall support. The delivery of housing quality problems exist, in the warranty period, the Seller shall bear the responsibility for repair; the seller refused to repair or delay the repair within a reasonable time, the buyer can repair themselves or entrust others. Other damage caused during the repair costs and repair shall be borne by the seller."

161.1 A lawyer for the buyer to provide legal services to the content

Housing quality disputes, attorney general as the buyer of plaintiffs' attorneys provide legal service for the people, lawyers can provide different content according to each stage of the proceedings.

 On the housing quality disputes, lawyers should be based on the specific claim and the facts of the buyer to collect evidence, as follows:

 (1) the developer and the buyer signed the "commercial housing sales contracts", and that the housing quality statement developers of commercial housing sales advertising, promotional materials;

 (2) housing has been acceptance, acceptance of data should be collected to the house;

 (3) issued by the quality inspection, design, supervision and construction unit on quality issues, document;

 (4) the relevant quality standards related to the dispute the quality of the country and specification;

 (5) on both sides of the problems concerning quality agreement, summary or acceptance records. According to the specific situation of quality disputes, lawyers shall determine action request.

 161.2 lawyers focus on the contents of the buyer to provide legal services

(1) a lawyer should according to different types of disputes, to investigate and collect evidence of the corresponding materials. If the quality of housing acceptance unqualified, lawyers should be quality acceptance record collection housing, issued by the supervision, design, construction unit quality acceptance conclusion. If the housing quality problems seriously affect the living, a lawyer should collect evidence reason affecting living as well as evidence of severity, when necessary, should entrust appraisal institutions appraisal. If the general quality problems, lawyers should have quality problems related to collect evidence, and because of quality problems caused by the loss to the buyer.

(2) if the buyer as housing quality problems refused to Shoufang, lawyers should judge the buyer the quality problem according to law or contract directly refused Shoufang or living seriously affected, if the conditions are not met, developers generally do not assume default responsibility overdue real.

 (3) due to the noise pollution, light pollution or harmful substances pollution seriously affected the living, a lawyer may require the buyer to entrust appraisal, according to whether to seriously affect the living level identification results.

(4) if the housing department general quality delivery, lawyers should focus on the quality problem caused to the buyer caused by the loss, and provide relevant evidence.

 161.3 lawyers for the risk of the buyer to provide legal services tips

 161.3.1 Lawyers for the risk of the client hint

(1) if the lawyer after examination found, commercial housing developers to provide a final acceptance, but the quality defect and exist in the warranty period, the lawyer shall inform the buyer of the may require developers to assume responsibility for repair, causing damage to the buyer, may claim compensation for the corresponding losses.

(2) if the lawyer after examination found, the developers provide housing without acceptance, the lawyer shall inform the buyer can refuse to accept housing, resulting in housing delivery delay, may require developers to assume default responsibility of delay in delivery, can return a house conditions, can return a house.

(3) if the houses are found to be unqualified, the lawyer shall inform the buyer can refuse to accept housing, can request cancelling the contract and damages.

 　　(4) after the delivery of housing, if the lawyer found after verification, the foundation and the main structure of the housing quality is unqualified, shall inform the buyer may terminate the contract and claim damages.

(5) although the housing acceptance and delivery, but housing quality problems and seriously affect the normal use of the living, the lawyer shall inform the buyer may terminate the contract and claim damages.

(6) after the delivery of housing, housing quality problems during the warranty period, the lawyer shall inform the buyer by the developers assume responsibility for the warranty, if the developer refuses to repair or delay the repair within a reasonable time, the buyer may entrust others to repair, the cost borne by the developers.

 We should pay attention to 161.3.2 law problem

 (1) a lawyer should according to the delivery of housing, housing quality disputes between developers need to bear the liability for breach of contract or warranty liability.

(2) a lawyer should according to the type of quality to determine disputes litigation request, the developers should bear the responsibility judgment, not because of litigation request error and causing damage to the buyer.

 (3) according to the type of quality dispute lawyer should inform the buyer may result, not only the proceedings by the buyer. At the same time, lawyers should be told if there is no proof case, the buyer may bear the adverse consequences.

162nd delay payment disputes and processing (one-time payment, installment of deferred payment disputes)

The theoretical part reference to non litigation section. "The agreed payment of commercial housing sales contracts" in general is three kinds, one is a one-time payment, two instalments, three is secured loan payment (the so-called mortgage payment). Because due to mortgage disputes, has special section is discussed in the seventh chapter, we no longer. This section only a one-time payment and installment payment in delay payment disputes are discussed.

162.1 A lawyer for the buyer to provide legal services to the content

A lawyer for the buyer to provide the contract for the sale of commercial housing disputes delayed payment of legal services, the buyer generally as a plaintiff, as the agent, generally is sued developers continue to fulfil the contract or to terminate the contract. According to the various stages of type and litigation proceedings, lawyers can provide respectively:

The buyer sued for continued performance of the contract or the termination of the contract, the lawyer should be collected as evidence: "commercial housing sales contracts", the buyer payment voucher, developers of Dunning proof. A lawyer should according to the contract agreed by the parties, a detailed review of the buyer's payment, payment time, combined with the actual litigation request, is to continue to perform the contract or the termination of the contract.

162.2 lawyers focus on the contents of the buyer to provide legal services

(1) if the developers sued for the buyer to continue to perform the contract and the buyer is unable to continue to perform, a lawyer should require the buyer to provide evidence can not continue to perform the contract, to properly solve the problem.

 (2) if the developers sued for rescission of the contract, the lawyer shall review the developers of cancelling the contract, reason is established, whether developers to perform the contract agreed in the contract period of interpellation.

162.3 lawyers for the risk of the buyer to provide legal services tips

 (1) the buyer not according to the contract payment, the lawyer shall inform the buyer of the contract terms should be liable for breach of contract, agreed to contract rescission of the contract conditions, developers have the right to terminate the contract.

(2) a lawyer should remind the buyer, if the parties have agreed that payment by installments, the buyer fails to pay installments amount to 1 of the total price / 5, developers may thus demands the termination of the contract.

 (3) in the third party payment situation, a lawyer should remind the buyer, should collect good developers agreed to third generation as proof of payment, otherwise, may have been identified risk the buyer fails to pay the purchase.

(4) as in the course of legal proceedings, if a lawyer found developers require the buyer to pay the account is not the developers of this unit accounts, should remind the buyer of such payment behavior may be invalid risk, will be the court finds that the buyer fails to pay the purchase; in after accepting the entrustment, a lawyer should request the buyer people collect and report to the lawyers to provide developers designated in writing the buyer payment to third party account related documents. 163rd design changes and changes in the planning of the dispute and its treatment

Provisions of design change is mainly from the "commercial housing sales contracts model text" (GF--2000---0171) to clause tenth.

 163.1 lawyers for the buyer to provide legal services to the content

A lawyer for the buyer commercial housing disputes legal service planning, design changes, generally the buyer is the plaintiff. Lawyers acting for the buyer a lawsuit, according to various stages of the proceedings, which can provide the following:

A lawyer for the buyer to provide legal services of design change, should be directed to the buyer claims and facts of evidence collection, as follows:

 (1) the developer and the buyer signed the "commercial housing sales contracts";

 (2) developers to provide design drawings and instructions;

 (3) associated with the design data, developers disputes advertising promotional materials;

(4) design changes drawings;

(5) developers to design change notice owner data;

 (6) the developer and the buyer would design changes the supplementary agreement signed.

The lawyer to provide legal services for developers planning to change, the general should collect the following evidence:

(1) "commercial housing sales contracts";

 (2) planning changes before the planning drawings and instructions;

 (3) associated with planning dispute information developers advertising, promotional materials;

(4) to change the planning application documents and the documents of approval;

(5) notice notice by the developers to buy people planning changes;

 (6) the developer and the buyer signed the supplemental agreement.

163.2 lawyers focus on the contents of the buyer to provide legal services

(1) a lawyer for the buyer to provide design disputes, legal services, should first determine whether there is a change in the planning, design.

(2) a lawyer after examination found that presence of planning, design changes, according to the planning, design changes content to determine whether contract developers should notice to the buyer the scope. If it belongs to the contract developers should notice to the buyer the scope of review, the developer has to inform and the way in which the notification.

(3) a lawyer should review the buyer whether the supplementary agreement with the developers, if has the supplementary agreement, supplementary agreement shall be performed in accordance with the.

163.3 Lawyers for the risk of the buyer to provide legal services tips

 163.3.1 lawyers to the risk of the client hint

(1) a lawyer after examination found, developers for the planning, design changes without according to the contract notice, shall inform the buyer can return a house; the buyer did not return a house, the developer could pursue the liability for breach of contract.

(2) after examination found that lawyers, developers have according to the contract notice to the buyer the planning, design changes related to the content, and the buyer fails to make the written reply, it shall accept change.

(3) a lawyer after examination found, the developers more than the contract period of notice to the buyer, but the buyer signed the supplemental agreement with the developer, should be performed in accordance with the supplemental agreement.

(4) the developer contract fails to notice the buyer checkout, the lawyer shall inform the buyer can contract agreed to refund the purchase and interest.

163.3.2 lawyers should pay attention to the problem

The planning, design changes may involve a lot of problems, some contract need to inform the content, some do not belong to the contract need to inform the content, a lawyer should distinguish different situation. Especially the buyer needs to return a house, the lawyer shall review compliance with check out the conditions provided for in the contract. The planning changes, counsel should also to the planning department survey, clear planning change is through the concrete content approval and change.

164th commercial housing sales contracts registration and filing of the disputes and processing (including registration)

In the sale of commercial housing, "property law" provides for the registration, mainly:

Rule nineteenth: "the right people, interested party considers not item recorded in the realty register error, can apply for a correction of the registration. Do not move the right person recorded in the register of the written consent of the correction or if there is evidence to prove that the registration is wrong, the registration authority shall correct.

Not recorded in the realty register does not agree to the change of human rights, the interested party may apply for dissidence registration. The registration authority grants the dissidence registration, the applicant not to prosecute fifteen days in objection to the registration date, the dissidence registration failure. Registration is improper, causes the damage, the obligee may require the applicant to compensate for damages."

Article twentieth states: "the parties entered into a purchase of housing or other immovable property agreement, in order to ensure the realization of the real right in the future, in accordance with the contract, may apply to the registration authority for registration. After the advance notice registration, without the consent of the holder in the advance notice registration, dispose of the property, there is no real right effect.

After the advance notice registration, destroy or self capable of immovable property registration within three months from the date of application for registration of claims not, advance notice registration failure."

"Pre-sale commercial housing management measures" City

Tenth the provisions of the first paragraph: "pre-sale commercial housing, commercial housing and the successful bidder shall sign the pre-sale contract development enterprises. The development of enterprises should be 30 days from the date of signing, to the property management and city, county people's government for the management of commercial housing land sale contract registration procedures."

"Housing registration" sixty-seventh stipulates: "any of the following circumstances, the parties may apply for advance notice registration: (a) commercial housing purchased the tickets; (two) to commercial housing purchased the tickets set mortgage; (three) the transfer of housing ownership, mortgage; (four) laws, regulations of the situation."

Rule sixty-eighth: "after the advance notice registration, without the written consent of advance notice registration, to dispose of the housing registration, registration shall not be handled.

After the advance notice registration, destroy or self can be carried out within three months of the corresponding housing registration, creditor's rights, the parties to apply for housing registration, housing registration authorities shall handle the relevant registration matters in accordance with the notice of."

Rule sixty-ninth: "pre-sale and Yugouren commercial housing sales contracts entered into after the sale, not in accordance with the contract, and the buyer to apply for registration, the buyer can apply unilateral notice registration."

164.1 A lawyer for the buyer to provide legal services to the content

In the "property law" before the implementation, developers sometimes for different purposes, and not in accordance with the provisions of commercial housing pre-sale contract signed on the date of registration to the real estate registration authority within 30 days. "Property law" after the implementation of the legal provisions, the registration system. In commercial housing sales contracts, lawyers buyer registration and filing disputes, the general should be collected as evidence:

 (1) the sale of commercial housing contract;

 (2) the developer refused to commercial housing sales contracts registration evidence;

 (3) the sale of commercial housing can not handle the registration of evidence;

 (4) third people put the correction registration registration or dissenting evidence.

164.2 lawyers focus on the contents of the buyer to provide legal services

A lawyer for the buyer to provide legal services, should review:

 (1) the buyer is unable to handle the registration of reason, or register for notice that causes other registration.

 (2) if the buyer to apply for registration, third people put the correction registration or registration, shall review the causes the correction registration registration or dissenting.

(3) the buyer found third people for the registration of commercial housing purchased, the lawyer shall review whether there is a real number of developers sell situation.

164.3 lawyers for the risk of the buyer to provide legal services tips

 (1) lawyers should be prompted to the buyer, if the developers have a real number to sell, there have been buyers of commercial housing for the registration of advance notice, the buyer generally only require developers to assume liability according to the law.

 (2) lawyers should be prompted to the buyer, if the developers have a real number to sell, third people to the buyer registration is proposed to correct the registration or registration, the buyer is a case of good faith, according to the advance notice registration content can be housing ownership registration.

Disputes and treatment effectiveness of third day contract for the sale of real estate

165th commercial housing sale contract dispute and its treatment

In judicial practice, the type of commercial housing sales contracts invalid dispute in the following categories:

 (1) the contract itself is invalid, such as "five kinds of situations of contract law" the provisions of article fifty-second.

According to "judicial interpretation" provisions of article second, the developer did not obtain pre-sale permit, invalid and the buyer signed commercial housing sale contract, but the developers have in the prosecution of the former commercial housing sale permits except.

The parties agreed to handle registration for the pre-sale of commercial housing contract, but the contract did not apply for registration, the contract is invalid.

Disputes and processing in one room two sell, see item 166th.

④ including but not limited to the shops, shopping malls, office buildings, hotel style apartment after the initial registration, unable to separate property permits segmentation, unable to obtain separate property certificate.

Including but not limited to Fangxing planning changes, the pre-sale permit does not change in time, unless the developers change the pre-sale permit in the prosecution of the former.

The developers of commercial development in the allocation of land, and the buyer commercial housing sales contracts signed.

Disputes and processing, the above 4, 6, see item 173rd.

 (2) the contract for the sale of commodity housing is revoked, the contract invalid from the beginning.

The misunderstanding to enter into a contract, the parties request revocation;

In the time of the conclusion of the contract unconscionability, where a party concerned requests revocation;

A party to fraud, coercion, or position of vulnerability, so that Party A in case of violation of the true meaning of the contract, the aggrieved party for revocation;

The developers deliberately concealed the sale of housing has been secured, the sale of housing has been sold to third people, or for the removal of compensation for housing facts, the buyer requests revocation;

The limited civil capacity person to enter into a contract for the sale of commercial housing, before the statutory agent of ratification, the bona fide counterpart for revocation;

The agent has no power of agency, beyond the power of attorney or agent after the termination of the right to name by the agent in the agent contract, ratification, bona fide counterpart for revocation.

 (3) pending validity of the contract for the sale of commercial housing, not null and void of the rights or legal agent timely ratification of the contract.

The limited civil capacity person to enter into a contract for the sale of commercial housing, without the ratification of the statutory agent;

The agent has no power of agency, beyond the power of attorney or agent after the termination of the right to be an agent name the contract, without the ratification of the agent;

③ no disposition to dispose of the property of others, commercial housing sales contracts signed, ratified without the right people.

165.1 A lawyer for the buyer to provide legal services to the content

     (1) lawyers in the buyer agent the sale of commercial housing contract disputes, should be timely to review all the evidence materials provided by the clients, the review includes litigation subject qualification, whether have specific claims, facts, reasons, the limitation of action is not over such matters in accordance with the law to prosecute, think the conditions, should be the timely drafting indictment (shall explain the source of evidence, proof of content), and other legal materials, timely submitted to the people's court having jurisdiction.

    (2) lawyers in the buyer agent the sale of commercial housing contract disputes, litigation request should be determined comprehensively covers the plaintiff's legal interests, under normal circumstances, the claim should include a request that the contract is invalid, developers return has been housing price and the amount of damages.

    (3) "Civil Procedure Law" and "rules of evidence" classification, the form of evidence, collection of evidence and burden of proof, etc. are made clear, follow the "who advocates, who burden of proof of principle". The lawyer to accept the buyer agent the sale of commercial housing contract disputes, should submit all can prove that buy evidence being claim or rebut the relative party litigation request within the specified time period, such as the submission of evidence is difficult within the specified time period shall be presented to extend the time limit for adducing evidence, the burden of proof in court within the time limit for the.

    (4) the lawyers received buy evidence was submitted, shall conscientiously, carefully study this as evidence, determine the need for the buyer to submit supplementary to, apply to the court for investigation and evidence collection, to apply for judicial authentication, an additional third people and the defendant, whether to need to file a counterclaim evidence or witnesses (for the buyer as the defendant's case), if necessary, lawyers shall be filed within the prescribed time limit.

     (5) a lawyer before the trial, should make good answer (the buyer as the defendant's case) or the word, and ready for written testimony opinions opposite party of the litigation evidence materials.

     (6) received from the people's court lawyer in the judgment or ruling and negotiation with the client, the need for appeal, should strictly grasp the appeal period.

     (7) the civil judgment, ruling, the mediation shall have legal effect, the buyer as the executor of the circumstances, to fulfill the obligation consciousness in the other party cannot, lawyers should remind developers timely filed the application for enforcement. A lawyer should help developers to the drafting of the written application for enforcement, together with other relevant materials, submit to the court.

      (8) the buyer and the relative party lawsuit out of court mediation.

165.2 lawyers focus on the contents of the buyer to provide legal services

165.2.1 A lawyer should collect all the evidence and the case related materials, and submitted to the court within the period prescribed by law

As with the agent developers, lawyers in the buyer is entrusted, the housing sales contracts invalid dispute lawsuit to provide services to its, should pay attention to the key content of stage.

     Typically, the evidence materials shall be submitted to the buyer in the commercial housing sale contract dispute cases in the:

     (1) a contract for the sale of housing, the supplementary agreement and accessories, contract notarization, shall submit the certificate, the contract has been registered, shall be submitted to the filing, that both parties of housing sales contracts;

 (2) the buyer proof of identity, proof of its to whether have the corresponding capacity for civil rights and capacity for civil conduct;

 (3) the buyer to pay the price of housing certificates, proof of the fulfillment of the contract;

 (4) the fact that breach;

 (5) the buyer losses thus proved;

 (6) other evidence relevant to the case.

165.2.2 lawyers shall determine the appropriate litigation request, in order to maximize the protection of the legitimate interests of the buyer

Lawyers in the proxy buyer commercial housing sales contract disputes, in addition to full extent, in full consideration of the evidence the fulfillment of the contract, both sides of fault conditions and so on, for the buyer to determine the claim right (such as the return of the outer housing price, compensation for losses), special attention should be paid to the "judicial interpretation" Ninth the provisions of the sale, if any of the following acts: ① intentionally hide not obtain pre-sale permit facts or providing false pre-sale permit; the sale of housing has deliberately concealed the fact that the mortgage; deliberately concealing sold houses have been sold to third party or for the removal of compensation for housing facts. Lawyers can increase request developers bear no more than double the prepaid Purchase Compensation claim.

In addition, if the buyer is to pay the purchase of mortgage loans, lawyers shall advise the buyer to apply for additional loans to banks for third people, the request will disputes commercial housing loan contract disputes and commercial housing sales contracts with the trial.

165.3 lawyers for the risk of the buyer to provide legal services tips

165.3.1 A lawyer for the buyer to provide legal services buyer risk warning

 (1) lawyers should be prompted to buyer, received the court summons should carefully review on whether the court has jurisdiction, not blindly responding. If there are objections to the jurisdiction of courts, should put forward during the submission of defence.

 (2) a lawyer shall submit evidence within the time limit for adducing evidence materials stipulated court, submit the evidence is difficult, {division should propose to extend the time limit for adducing evidence application, burden of proof in court or within the time limit, the buyer will bear the burden of unfavorable consequences from.

 (3) lawyers should be prompted to the buyer, the buyer to commercial housing sale contract is not in accordance with the laws, administrative regulations, ￡ on the procedures for registration, request that the contract was invalid, the court shall not support. But if the two sides agreed to the registration procedures for the entry into force of commercial housing sale contract, the buyer may request that the contract is invalid, but the hair the same if one party has performed its main obligation, such as payment of housing price, housing delivery, they accept except.

165.3.2 lawyer for the buyer to provide legal services lawyers' practicing risk warning

 (1) a lawyer shall sign a written legal service contract with a client, the parties should be clear rights and obligations and responsibilities of the contract.

 (2) of all the work of lawyers must have written records, records, when necessary, should be submitted to the client signature confirmation. Thick division in providing legal service procedure, should be the completion of the proxy signatures.

 (3) lawyers in the commission agent of the parties, shall be issued by the views or legal advice =f of legal analysis to the related legal issues of the case, the legal risk may exist to inform the client in the case, and require that the client written confirmation.

 (4) if the principal part of the litigation request to give up or deferred prosecution, lawyer must be legal Li risk prompt book, and requested that the party concerned in writing.

 (5) assume the lawyers should be prompted to parties to submit evidence within the time limit, the burden of proof of the legal consequences and overdue for the word responsibility. If the parties are reluctant to part of the evidence provided to the court, lawyers shall inform the parties to the legal risk, requires a written confirmation of the valves.

 (6) the evidence law offer to party shall perform the obligation of confidentiality, non legitimate needs, should not be disclosed and the third party.

 (7) the parties if the verdict of the first trial, ruling, lawyers should prompt the parties appeal within the specified period of time, the parties give up the right of appeal, the lawyer shall inform the parties to the legal risks, and requested that the party concerned in writing.

 (8) in a trial of fact or law is wrong premise, the parties give up the right of appeal and, lawyers shall inform the legal risk to the parties, and requested that the party concerned in writing.

 (9) lawyers should be prompted to the parties, if the verdict after new evidence, can be submitted to the trial court in accordance with the provisions of evidence, Liu, and should be submitted to the court of appeal at the same time.

 (10) lawyers should be prompted the risk of the parties appeal, appeal proceedings and appeals fees etc..

 (11) a lawyer shall make the proxy in the client's authorization shall not exceed the scope of delegated authority, rights, and shall not damage the interests of the client.

Article 166th a room two sell contract dispute and its treatment

166.1 a room two sell contract disputes

A room two sell, also called the house dual sales, refers to the developer successively or simultaneously to two contracts of sale, the same specific housing sold to two different buyer. A room two sell contract dispute, common types of disputes has the following four forms:

 (1) the developers and has different buyer after the conclusion of the contract, the buyer to fulfill the contract obligations, for the transfer of property rights registration, leading to the first buyer was unable to obtain housing.

 (2) after the housing developers will be sold to the buyer before and for property transfer registration, and after the buyer signed the same house as the subject matter of the sale contract, resulting in after the buyer unable to obtain housing.

 (3) the developers and has different buyer in concluding a contract, but the two time of sale are not for the transfer of property rights registration.

 (4) after the buyer that developers have with the buyer before the specific housing contracts, still with the developers of malicious collusion, otherwise enter into a contract for the sale of commercial housing, developers and the housing delivery the buyer, leading to the first buyer unable to obtain housing.

166.2 lawyers for the buyer to provide legal services to the content

166.2.1 lawyers in the buy is commissioned by the people, shall timely review of all the evidence provided by the clients, review the content includes the subject of litigation is eligible, whether to have the specific claim and the facts and reasons, the limitation of action is too, review that meet the prosecution condition, should be timely to the indictment, evidence list (should indicate the sources of evidence, that the content) and other legal materials, and timely submit to the people's court having jurisdiction.

166.2.2 in a room two sell disputes in practice, developers as a plaintiff lawsuit is relatively rare, mainly as a legitimate buyer expected payment procedure and contract invalid (refer to the Section 165 of the contract invalid). Lawyers in the determination of the buyer's claim, should be comprehensively covers the buyer as the defendant's legitimate interests, under normal circumstances, the buyer expected payment litigation request should include the demand that the buyer pay the housing price, interest and liquidated damages or compensation for losses.

166.2.3 lawyers should be prompted to buy are allocated by the responsibility of burden of proof, namely "who advocates, who the burden of proof principle", and submit all can prove that the developers claim or rebut the relative party claim evidence in proof period, such as the submission of evidence is difficult within the specified time period, should be proposed to extend the time limit for adducing evidence application of the time limit for adducing evidence to the court.

166.2.4 lawyers received buy evidence was submitted, shall conscientiously, carefully study this as evidence, determine the need for the buyer to submit supplementary to, apply to the court for investigation and evidence collection, to apply for judicial authentication, an additional third people and the defendant or witness evidence material application, whether to need to file a counterclaim (in the developers as the defendant case), if necessary, lawyers shall be filed within the prescribed time limit.

166.2.5 lawyer before the trial, should make good answer (the buyer as the defendant's case) or the word, and ready for written testimony opinions opposite party of the litigation evidence materials.

166.2.6 lawyer in the received from the people's court judgment or ruling and negotiation with the client, the need for appeal, should strictly grasp the appeal period.

166.2.7 civil judgment, ruling, the mediation shall have legal effect, the buyer as the executor of the circumstances, to fulfill the obligation consciousness in the other party cannot, lawyers should remind the buyer promptly filed application for enforcement.

     A lawyer should assist the buyer in drafting the written application for enforcement, together with other relevant materials, submit to the court.

The 166.2.8 proxy buyer and the relative party lawsuit out of court mediation.

166.3 Lawyers for the key content of the buyer to provide legal services

   A lawyer should collect all the evidence and the case related materials, and complete the proof responsibility within the period prescribed by law.

   In a room two sell contract disputes, disputes involving the parties usually has three parts, but the main proceedings are often unable to get the house buyer, the buyer in the lawsuit, no matter what kind of disputes are based on the type, shall submit the following material evidence to the court:

     (1) the housing property certificate, proof of the relationship between ownership and unable to obtain housing facts;

     (2) a contract for the sale of housing, the supplementary agreement and accessories, contract notarization, should submit notarized, sale housing proved between the parties;

      (3) the buyer to pay the housing price of the certificates to the developers agreed in the contract, that contract conditions;

      (4) the buyer's identity;

      (5) developers with another buyer malicious collusion commercial housing sales contracts signed, and the delivery of the fact proof material;

     (6) other evidence relevant to the case.

       A lawyer shall determine the appropriate litigation request, in order to maximize the protection of the buyer's interests in litigation.

                                   

      The buyer chose the proceedings to resolve a room two sell disputes, mainly to protect their legal rights and the authority of the court's recognition based on comprehensive, complete, how lawyers can maintain the legal rights of the buyer is very important to decide the claim?. Because the real estate dispute often is a series of facts dispute various rights and interests of the parties, or the loss of the rights and interests of the parties to consider, in seeking legal protection, need to focus on protecting the rights and interests of the main request, or choose to hold the support litigation request.

      As one of the housing two sell contract dispute cases typically the plaintiff for the buyer, lawyers should be the actual situation according to the buyers and developers signed the contract for the sale of commercial housing is in effect and the commercial housing had transfer, help the buyer determine the appeal is the right of the real claim or claims, in general two, if the developer and the buyer signed a contract for the sale of commercial housing and are already in force, developers have to a buyer to perform the transfer registration, at this time, the buyer has the ownership of housing, no housing buyer can only be brought to the developers of creditor's rights, and can not require developers to transfer registration. But if the developer of the two buyers who did not handle the transfer of property rights registration, the equality of rights, two buyers who can request developers to fulfil the transfer of property rights registration, the housing only a, therefore, the decision can be decided by the developers themselves to who performance, developers on the one buyer the performance after another, to pay the buyer the loss of reliance interest.

      In short, a room two sell contract dispute litigation request is nothing more than the right of claim and right of the real claim, right of obligatory claim litigation request includes requirements for developers of cancelling the contract, the return of prepaid purchase, and interest, damages, and may require developers to assume liability for no more than double the prepaid purchase, the right of real claim General requirements for litigation request for houses or for the transfer of property rights registration.

      In practice, sometimes in such a situation, developers and has two the buyer signed a contract for the sale of commercial housing sales contracts, the two have been in force, housing developers will be delivered to the buyer (hereinafter referred to as the buyer before), but for another the buyer (hereinafter referred to as the latter buyer) for the transfer of property rights registration. As a result of the buyer can not handle the transfer of property rights registration, after the buyer cannot get housing. Because the buyer has for the property transfer registration, therefore has access to housing ownership. Therefore, after the buyer if you want the actual possession of the house, either on a property to buyer for the defendant, former vendee vacate the house, can also be based on creditor's rights to the developers for the defendant, request developers to fulfil the housing delivery obligations.

166.4 lawyers for the risk of the buyer to provide legal services tips

166.4.1 A lawyer for the buyer to provide legal services buyer risk warning.

Lawyers should be prompted to the buyer, you should carefully review whether the court has jurisdiction in the received court summons, not blindly responding. If there are objections to the jurisdiction of courts, shall be made in the burden of proof before the expiration of the term.

      Lawyers should be prompted to the buyer, and developers in the commercial housing sales contracts signed and apply to the registration authority for registration, if the buyer to registration of the immovable property within 3 months from the date of application for registration are not, then the advance notice registration failure. Therefore, the buyer shall promptly to the relevant departments for property registration, in order to avoid the loss of rights.

       Lawyers should be prompted to buyer, before signed housing contracts of sale, shall apply to the real estate registration certificate verification and investigation rights records, audit registration records whether the content and developers issued the same, so as to avoid their rights.

     166.4.2 lawyer for the buyer to provide legal services lawyers risk warning.

     Lawyers acting in a room two sell contract dispute cases in the process of legal consequences, shall be in written form to inform the client a room two sell and treatment of similar cases in the judicial practice, in order to facilitate the client to choose a suitable way to solve disputes (mediation and out of court settlement).

Fourth commercial housing sales contract, change, transfer, rescission, termination of disputes and

(This section only after the signing of the contract, the registration of commercial housing before delivery)

Article 167th the sale of commercial housing disputes in the fulfillment of the contract and its treatment

    The sale of commercial housing contract, due to various reasons may be many disputes, in the commercial housing before delivery, the buyer can not fully understand the commercial housing and supporting, then resulting in the disputes over the delivery of commercial housing disputes should be less, but may also occur disputes before delivery. The main types of disputes include: the use of commercial housing commercial housing disputes; use fixed number of year dispute; some specific facilities disputes; the buyer to stop paying the mortgage disputes.

167.1 A lawyer for the buyer to provide legal services to the content

A lawyer should provide the corresponding service to the buyer according to the types of disputes, the commercial housing purposes disputes, the Attorney General shall collect evidence:

     (1) the sale of commercial housing contract:

     (2) clear to commercial housing purposes of advertising, publicity materials;

    (3) housing purposes approved by the planning departments of the documents.

      The use of commercial housing disputes have life, the Attorney General shall collect evidence:

      (1) the sale of commercial housing contract;

      (2) specify the use age of commercial housing advertising, publicity materials;

    (3) the commercial housing purposes approved by the planning departments of the documents;

     (4) approved by the administrative department of land and resources of the land use term.

     Disputes on the facilities, the Attorney General shall collect evidence:

      (1) the sale of commercial housing contract;

     (2) clear housing facilities for advertising, publicity materials;

  　(3) file approved by the planning departments of the plan.

167.2 lawyers focus on the contents of the buyer to provide legal services

Use 167.2.1 commercial housing disputes

 (1) a lawyer should agree on housing use review contract for the sale of commercial housing, the housing purposes if no agreement or the agreement is not clear, it should be for housing purposes to review developers advertising, promotional materials show.

    (2) if the contract for the sale of commercial housing for housing purposes agreed clear, lawyers should still be for housing purposes to review developers advertising, promotional materials show.

    (3) if the developers for the other instructions or commitments relating to housing purposes, the lawyer shall review the relevant instruction or commitment.

    (4) a lawyer should for housing purposes prescribed by the competent planning department review, clear use planning housing purposes and agreed in the contract or advertising, promotional materials, instructions or commitment is consistent.

167.2.2 housing service dispute

     The use of housing life disputes mainly the contract between housing and land use age limit is not consistent, or advertising age and length of the land transfer is not consistent. A lawyer should review the sale of commercial housing contract housing service life and land transfer time is consistent, if not consistent, generally by the land transfer service for quasi. A lawyer should review the developers advertising, promotional materials, publicity housing service life and the contract of service life is consistent, if not consistent, the general should be based on the term of use as stipulated in the contract.

167.2.3 specific facilities disputes

      Specific facilities and commitment to developers in advertising, promotional materials clear or, such as basketball, swimming pool, generally in the housing delivery before the buyer would have to know whether there is. If these clear or commitment facilities do not exist, the buyer may have the facilities dispute proceedings. Lawyers should be the focus of the review:

   (1) have agreed on the specific facilities and commercial housing sales contracts, if any, should be according to the contract processing.

   (2) a lawyer should review the developers advertising, promotional materials for specific facilities whether there is a clear commitment and that, if any, in general the description and the promise as a solicitation, should according to the instructions and commit processing advertising, promotional materials.

167.2.4 the buyer to stop paying the mortgage dispute, according to the second part second chapter seventh.

167.3 lawyers for the risk of the buyer to provide legal services tips

167.3.1 Lawyers for the risk of the client hint

     (1) lawyers should be prompted to the buyer of the contract, housing purposes and planning purposes is not consistent, if not check-out request compensation for losses, the law does not stipulate corresponding calculation method of loss, calculated at various loss method, one can choose a relatively reasonable.

     (2) the lawyer shall inform the buyer of the contract, the housing life expectancy is greater than the length of the land transfer, there is no unified law standard loss calculation, can be determined by way of assessment.

     (3) the lawyer shall inform the buyer of the developers, not agreed or promised to build specific facilities, if the planning departments in the approval of project design, there is no corresponding facilities, does not require developers to continue to perform, but should choose compensation for losses.

We should pay attention to 167.3.2 law problem

       In this article lists the developers default disputes in the calculation method, there is no uniform loss, lawyers in the proxy buyer, should inform the buyer of the various calculation methods, in consultation with the buyer agreed to determine the amount of damages. To determine loss through the assessment, should inform the buyer by determining loss assessment.

Disputes and the sale of 168th commercial housing contract change in

The theoretical part referring to the non litigation section.

168.1 A lawyer for the buyer to provide legal services to the content

Commercial housing sales contracts signed, both sides agreed to change the general will not be changing the dispute. Changes in the general error disputes commercial housing sales contracts, a request for change while the other party does not agree to the dispute. Lawyers acting for developers of errors due to request a change of disputes, should in general be collected as evidence:

   　(1) the sale of commercial housing contract;

     (2) evidence for wrong;

(3) the real situation of the evidence.

168.2 lawyers focus on the contents of the buyer to provide legal services

      Lawyers acting for the buyer, should be the focus of the review is agreed contract is a major misunderstanding or because developers in the performance requirements change in the name of a major misunderstanding to the process of change. The developers to major misunderstanding nominal standard errors change, a lawyer should review whether there is a real number of developers sell situation.

168.3 lawyers for the risk of the buyer to provide legal services tips

     Lawyers should be prompted to the buyer, if the existence of significant misconception contract situation, the buyer or the developers have the right to request a change, but the cause of the wrong party shall compensate the other party for the losses.

Disputes and 169th commercial housing sales contracts in the transfer of

       In the office of the State Council forwarded the Ministry of construction and other seven ministries "work on a stable housing prices views" clearly defined, according to the "City real estate management law" the relevant provisions of the State Council, decided: the prohibition of commercial housing Yugouren be purchased pre-sale of commercial housing was not completed before the transfer of. Completed in the pre-sale of commercial housing delivery, the buyer to achieve all of the housing, real estate departments are not allowed to apply for transfer procedures; housing ownership and registration of the applicant pre-sale contract contained Yugouren inconsistent, housing management authority in the registration organ shall not register for housing management authority for the.

169.1 A lawyer for the buyer to provide legal services to the content

     In the policy under the State Council promulgated, the transfer of commercial housing purchased the tickets have always existed, the policies, commercial housing purchased the tickets for the transfer behavior has been greatly reduced. Lawyers acting for the buyer with commercial housing purchased the tickets for the transfer of disputes, should be based on the specific facts of the case evidence.

169.2 lawyers focus on the contents of the buyer to provide legal services

       A lawyer should review, the buyer the transfer of commercial housing purchased the tickets whether conditional or time limit, to judge the effectiveness of the contract of assignment. At the same time should review the transfer performance after the signing of the contract, whether the transferee has fulfilled the contract.

        A lawyer should review, the buyer to transfer the pre-sale of commercial housing developers have agreed.

169.3 lawyers for the risk of the buyer to provide legal services tips

        Lawyers should be prompted to the buyer, the transfer of the pre-sale of commercial housing to prohibit sex, unable to obtain property. And real estate property registration authority can not be directly transferred ownership of housing registration in the name of. The buyer shall pay compensation for the losses caused to the transferee.

In the termination of the contract disputes and the sale of 170th commercial housing

      Commercial housing sales contracts include the legal relief and agreed to lift the. In addition to these guidelines have been involved in other, commercial housing sales contracts include the buyer cannot obtain housing and the termination of the contract, the buyer can not handle secured loans and rescission of contracts. The law includes the "judicial interpretation" of eighth, ninth and twenty-third.

170.1 A lawyer for the buyer to provide legal services to the content

       A lawyer for the buyer to provide legal services, shall be collected if there is evidence of the contract of the lifting of the statutory conditions. If a party requests the termination of the contract, the parties shall be collected according to the agreement has the right to terminate the contract or to refute the evidence evidence.

170.2 lawyers focus on the contents of the buyer to provide legal services

       (1) if the buyer and the requirements for developers deliberately concealed the sale of housing has been secured in the termination of the contract, the lawyer should focus on whether the developers have mortgage facts, if there exists a mortgage, is examining whether there is deliberately concealing the fact that housing has been secured.

       (2) if the buyer for the commercial housing developers in the sales contracts, developers did not inform the buyer of the housing and mortgage to third people, the buyer was unable to obtain housing and demands the termination of the contract, the lawyer should focus on whether the developer has not informed the buyer mortgage facts, if there is, should review the buyer can obtain housing.

170.3 Lawyers for the risk of the buyer to provide legal services tips

       (1) the lawyer shall inform the buyer, if the developers deliberately conceal the fact that the sale of housing has been secured, the buyer requests the termination of the contract, the developers should bear the return of prepaid purchase, and interest, damages, and may require developers to assume no more than double the prepaid purchase compensation.

        (2) the lawyer shall inform the buyer, commercial housing sales contracts, developers did not inform the buyer of the housing and mortgage to third people, the buyer was unable to obtain housing, the buyer requests the termination of the contract, the developers should bear the return of prepaid purchase, and interest, compensation for the loss of responsibility, and may require developers to assume no more than double the prepaid purchase compensation.

Termination of contract disputes and the sale of commercial housing 17L

       "Contract law" on the termination of contract are set, terminate the contract for the sale of real estate may involve both consensus and termination of the contract, may be attributed to the same debt and the termination of the contract.

171.1 lawyers for the buyer to provide legal services to the content

       A lawyer should cause according to the sale of commercial housing contract, collect relevant evidence.

171.2 lawyers focus on the contents of the buyer to provide legal services

       (1) if the parties agree to terminate the contract for the sale of real estate, the lawyer shall terminate the contract between commercial housing developers and buyers review contract agreement, no agreement, should other written evidence review of both.

        (2) if the buyer and the developer and a due to merger, terminate the contract for the sale of commercial housing rights and obligations, but generally not the sale of commercial housing contract disputes.

171.3 Lawyers for the risk of the buyer to provide legal services tips

      Lawyers should be prompted to buyers, developers and buyers agree to terminate the contract, developers should be in accordance with the contract agreed to the advising bank, to assist with the termination of the contract procedures and loan guarantee contract termination procedures, for in the signing of the contract to buy more privacy or shall keep confidential the business secrets in the understanding process.

       If the developer and the buyer signed the termination of the contract agreement, developers should be according to the agreement, not in accordance with the agreement, shall bear the liability for breach of contract.