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I just finished the lawsuit, the compensation has just been obtained, I am because there is no real estate certificate and the original owner of the lawsuit, looking for a lawyer from Jingzhan Law Firm, he is really super professional, I compared a lot before coming, he gave me the feeling that he was the clearest to think, and he was really worry-free to cooperate with him, it may be more entangled in my kind of case, I don't know you, you can consult first. I'm glad you've been mine and hope to help you all the time.
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A lawyer with a sense of responsibility and a certain amount of professional knowledge is sufficient.
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Legal analysis: The cost of a lawyer for real estate disputes is usually related to several factors: regional factors, the difficulty of the case, the time spent by the lawyer, and the acceptability of the client.
The cost of a lawyer is different depending on the economic conditions of the region, and the cost of a lawyer in an economically developed area will be relatively higher. If the case is complex and requires a lot of time and energy for the lawyer to deal with, the lawyer's fee will be high.
Legal basis: "Measures for the Administration of Lawyers' Service Fees" Article 5: Law firms provide the following legal services in accordance with law, and implement ** guide prices:
1) **Civil litigation cases;
2) **Administrative litigation cases;
3) ** State compensation cases;
4) Providing legal advice, appeals and accusations, applying for release on guarantee pending further investigation for criminal suspects in criminal cases, and serving as the defendant's defender or private prosecutor, or the victim's litigator;
5) **Appeals in various litigation cases.
The fees charged by law firms for providing other legal services shall be subject to market-adjusted prices.
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Legal analysis: 1. Settlement through negotiation, if the parties to the housing lease have a dispute due to the rental of the house, they shall be resolved through negotiation;
2. If the negotiation fails, it shall be resolved in accordance with the civil lawsuit or arbitration application agreed in the housing lease contract.
1) Apply for arbitration to resolve the issue.
Arbitration is a statutory way for citizens, legal persons or other organizations to apply to the arbitration commission for dispute resolution when there is a contract dispute or other property rights and interests dispute. However, if the parties use arbitration to resolve the dispute, the parties shall voluntarily agree in the contract in advance or reach an arbitration agreement afterwards. If there is no prior agreement in the contract, and the parties do not reach an arbitration agreement afterwards, the arbitration commission will not accept the application for arbitration if one party applies for arbitration.
On the contrary, if the parties have agreed in the contract in advance, or have reached an arbitration agreement afterwards, one party will file a lawsuit with the court, and the court will not accept it. Arbitration has the effect of a judicial act, and once the judgment takes effect, the parties may not file a lawsuit in the people's court for the same dispute.
2) Civil litigation to solve the problem.
If the parties agree on litigation settlement in the housing lease contract or fail to reach an arbitration agreement after the dispute arises, they may directly file a civil lawsuit with the people's court. If the party to the lease violates the relevant provisions and the lease contract is invalid, it shall bear civil liability in accordance with the law. If one of the parties to the lease fails to perform its obligations under the relevant laws, resulting in the termination of the lease contract, the party that fails to perform the prescribed obligations shall bear civil liability in accordance with the law; Where property damage or personal injury is caused to the other party or a third party, liability for compensation shall be borne in accordance with law.
Legal basis: Article 711 of the Civil Code If the lessee fails to use the leased property in accordance with the agreed method or according to the nature of the leased object, resulting in losses to the leased property, the lessor may terminate the contract and claim compensation for the loss.
Article 712 of the Civil Code The lessor shall perform the maintenance obligation of the leased property, unless otherwise agreed by the parties.
Article 713 of the Civil Code The lessee may request the lessor to repair the leased property within a reasonable period of time when the leased property needs to be repaired. If the lessor fails to perform the maintenance obligation, the lessee may repair it by itself, and the maintenance cost shall be borne by the lessor. If the use of the leased property is affected by the maintenance of the leased property, the rent shall be reduced or the lease term shall be extended accordingly.
If the leased property needs to be repaired due to the fault of the lessee, the lessor shall not bear the maintenance obligation provided for in the preceding paragraph.
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Legal basis: Article 14 of the Law of the People's Republic of China on Lawyers: Law firms are lawyers' practice institutions. The establishment of a law firm shall meet the following requirements:
1) Have their own name, domicile and charter;
2) There are lawyers who meet the requirements of this Law;
3) The founders shall be lawyers who have a certain amount of practice experience and have not received a punishment of suspension of practice within three years;
4) There are assets that meet the requirements of the judicial administrative department.
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1. Charging standard according to the hourly charging method: 200-3000 yuan per hour. Second, according to the piecework charging method of charging code quiet fee standard:
On the basis of the basic fee of 1,000-8,000 yuan, it will be calculated and accumulated in proportion to the amount of the subject matter of the dispute: less than 50,000 yuan (including 50,000 yuan): no additional charge; 50,000-100,000 (including 100,000 yuan):
8%;100,000-500,000 yuan (including 500,000 yuan): 5%; 500,000-1,000,000 (including 1,000,000 RMB): 4%; 1 million-5 million (including 5 million yuan):
3%;5 million to 10 million (including 10 million yuan): 2%.
Article 8 of the Measures for the Administration of Judicial Appraisal Fees Fees for cases involving property shall be collected cumulatively in accordance with the proportion of the subject matter according to the smaller of the losses between the subject matter of the litigation and the subject matter of appraisal. The specific proportions are as follows: (1) If it does not exceed 100,000 yuan, it shall be implemented in accordance with the fee standards listed in the annex to these measures; (2) The portion exceeding 100,000 yuan to 500,000 yuan shall be charged at 1%; (3) The portion exceeding 500,000 yuan to 1,000,000 yuan shall be collected in accordance with the law; (4) The portion exceeding 1 million yuan to 2 million yuan shall be collected in accordance with the law; (5) The portion exceeding 2 million yuan to 5 million yuan shall be collected in accordance with the law; (6) The portion exceeding 5 million yuan to 10 million yuan shall be collected in accordance with the law; (7) The part exceeding 10 million yuan shall be charged in accordance with the charge.
For the larger amount of the subject matter, the provincial ** competent department in conjunction with the judicial administrative department at the same level can formulate the upper limit of the amount of judicial appraisal fees according to the actual local situation. The "fees for judicial appraisal in cases involving property" as used in the first paragraph of this article are only applicable to the appraisal of documents and traces of physical evidence in judicial appraisals, and are not applicable to other appraisals.
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The specific steps of the real estate lawsuit lawyer are as follows:1Gather Evidence:
The lawyer needs to carefully analyze the evidence to determine the key issues of the case, whether the evidence is sufficient, etc. 3.Preparation of the complaint:
Based on the evidence gathered and the results of the analysis, the lawyer needs to prepare a complaint detailing the facts of the case and the decision requested from the court. 4.Filing of the Petition of the Orange Plaintiff:
The lawyer files the complaint with the court and pays the appropriate legal costs. 5.Wait**:
Once the court accepts the complaint and notifies both parties of the complaint, the lawyer needs to prepare the pre-trial preparation and trial materials and be ready to attend the trial at any time. 6.Trial Defense:
After the trial, the court will make a decision based on the evidence and the law, and the lawyer needs to wait for the verdict and provide further legal advice to the client.
The proof of property right is the property right registration certificate, but if it involves the sale and purchase of a house, it is necessary to go to the property right registration department for property right registration, and if the property right certificate is inconsistent with the registration book of the registration department, if it cannot be proved that the registration is indeed wrong, the registration book of the property right registration department shall prevail. >>>More
1. Time limit for enforcement.
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Property disputes are not necessarily.
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