Is there a trap for three people to buy an excavator? 10

First of all, the excavator has no property rights to settle down, and the actual situation should be that B and C should sign a sales contract or financial lease contract as buyers or lessees. Secondly, the partnership excavator does not form a written agreement or contract, in the process of operation is very prone to disputes and disputes, such as poor management, then mutual prevarication repayment, if the operation is proper, it involves the issue of profit distribution. Therefore, not signing a contract to stipulate in detail the rights and obligations of the parties will have a significant impact on the three parties of the partnership.

It is recommended to sign a partnership agreement to clarify the capital contribution and profit distribution of each party, as well as the assumption of risks.

The problem is that there are such as the remaining money can not be replaced, it will be troublesome, in case the company sues, the court will only find B and C (because the excavator is settled in B and C), and A does not have to worry, even if the loan cannot be repaid, the excavator will be retracted from the auction, the court will also return A's 300,000 yuan, and the remaining principal and interest will be divided by three people, and B and C will bear the risk.

People who don't know each other very well, it's better not to. I haven't bought it yet, and I have this writing problem Your down payment is only 300,000 The mortgage should be 3 years After the contradiction returns a lot, the cost of the new excavator is slow to come back It is recommended to buy 2 mobile phone devices The kind that people have just paid the mortgage Now many people are like this Buy a new machine and sell it after the mortgage is full of net profit before selling.

Legal analysis: If two people buy an excavator in partnership and one of them sells the excavator, this is a civil dispute and does not constitute a crime. You can file a lawsuit with the people's court in accordance with the law and request the return of your investment in the excavator, as well as the profits.

After the court makes a judgment, it can apply for enforcement to recover the loss.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 119:Prosecution must meet the following requirements:

1) The plaintiff is a citizen, a person carrying a law, or other unscrupulous organization that has a direct interest in the case, (2) there is a clear defendant, (3) there are specific litigation claims, facts, and reasons, and (4) it is within the scope of the people's court's acceptance of civil litigation and the jurisdiction of the people's court receiving the lawsuit.

Article 120:The indictment shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants. Where there is truly difficulty in writing a complaint, the lawsuit may be filed orally, and the people's court is to record it in the record and inform the opposing party.

Summary. Pro-<>

I'm glad to answer for you: buy an excavator and pay for the technology so that the dividends:The proportion of capital contribution shall be determined according to the actual amount of capital contribution.

2.According to each person's division of labor, that is, the position is different (do technology, do management, do the market), you can refer to the market ** to determine the salary of each position. 3.

After deducting the cost, the balance can be used as a dividend**, which can be divided monthly, quarterly or yearly, according to the specific situation, and it is best to have a moderate time cycle and balance the off-peak season.

How to divide the partnership to buy an excavator.

<> is happy to answer for you: buy an excavator and pay for the technology so that the dividends:The proportion of capital contribution shall be determined according to the actual amount of capital contribution.

2.According to each person's division of labor, that is, the position is different (do technology, management, market), you can refer to the market to determine the salary of each position. 3.

After deducting the cost, the balance can be used as the base of the dividend, which can be divided monthly, quarterly or yearly, according to the specific situation.

For example, if a payment is 100,000 yuan, and a technology is calculated according to 50,000 yuan, then the dividend will be calculated, the money will be calculated according to 2 3, and the technology will be calculated according to 1 3. If it is a computer company, Suihan mainly sells computers, installs monitoring, attendance, access control, guesses Jane Xiao POS and other systems, so how to calculate the proportion. The technology of this company is relatively high, and my brother can calculate it according to the technology of 1 3.

The two of us bought an excavator in partnership, and now we want to divide it into one person.

If there is an agreement, it will be allocated according to your agreement. For example, there is no agreement on the method of distribution. You can make a price for the royal rough excavation of the beam machine.

If the partner has someone willing to accept. Then it can be distributed according to the proportion of the occupation at this price. If none of the partners are willing to take over the excavator.

Then I had to take out this excavator and sell it or auction it. The proceeds are the joint assets of your partnership. In the end, the common assets are distributed according to the proportion of the occupants.

Before the agreement, the down payment was 40,000 yuan per person, and the excavator was used for a year and a half.

Kiss, either the excavator is sold and divided equally, or one of them supplies the other party according to the actual ** now, and then the excavator belongs to the other party.

What about paying a down payment of 40,000 per person before?

Kiss, things will also depreciate, how can it be possible to supply each other according to 40,000, and besides, 40,000 is divided equally.

The excavator still has more than 200,000 monthly payments that have not yet been supplied.

Kiss, then you have to return it together.

If it is divided to another party. Is it appropriate to directly let the other party make up 40,000 yuan for me, and let the other party take over the rest by himself?

If you can negotiate, that's it. If so, no depreciation is required.

Estimate the price of the car first, then see who wants it, and then give half to the other party.

1.Legally, according to the provisions of the "Partnership Agreement" or the "Partnership Law", it can be divided into two types: one is based on the distribution of property rights and interests of partners, that is, the distribution of property rights and interests of excavators between partners based on proportion.

At this point, the split ratio of the excavator will depend on the distribution ratio determined in the partnership agreement. The other is based on substantive distribution, that is, the substantial property interest of the excavator is distributed to the partners in proportion. In this case, the split ratio of the excavator will depend on the substantial distribution ratio as determined in the partnership agreement between the parties.

2.In practice, it is necessary to determine the distribution ratio of both parties to the partnership according to the agreement of both parties to the partnership, fully consider the actual situation of the two parties of the partnership, and finally determine the division ratio of the excavator. 3.

At the same time, a prudent legal analysis should be carried out in accordance with the provisions of the Partnership Agreement, and the rights and obligations of both parties should be considered in detail to avoid disputes between the parties on distribution.

Summary. Dear, I am happy to answer for you: if you buy an excavator in partnership, you need to divide it according to the agreement when you buy, and both parties A and B will sign a contract on the purchase of excavators and business in partnership after equal consultation.

It shall have legal effect from the date of signature of both parties. Contract disputes should be resolved through active negotiation between the two parties in accordance with the principle of friendship and fairness. If the negotiation fails, both parties may file a lawsuit with the people's court where the household registration is located.

Dear, I am happy to answer for you: if you buy an excavator in partnership, you need to divide it according to the agreement when you buy, and both parties A and B will negotiate on an equal footing to sign a contract for the sale of excavators and other issues such as the purchase of scattered excavators in partnership. It shall have legal effect from the date of signature of both parties.

Contract disputes should be resolved through active negotiation between the two parties in accordance with the principle of friendship and fairness. If the negotiation fails, both parties may file a lawsuit with the people's court where the household registration is located.

Legal basis: Article 972 of the Civil Code of the People's Republic of China provides that the distribution of profits and losses of a partnership shall be handled in accordance with the agreement of the partnership contract; If there is no agreement in the partnership contract or the agreement is not clear, the partners shall decide through consultation; If the negotiation fails, the partners shall distribute it according to the proportion of paid-in capital contribution and share it with the bandwidth bureau; If the proportion of capital contribution cannot be determined, it shall be equally distributed and shared by the partners.