Lawyer

Chapter 104

Sister Lan is a well-known figure in the county. She has been to the law firm several times before, and Sun Zhengyi told the front desk that if Gao Jinlan came in, he must be notified as soon as possible.The front desk has implemented the director's instructions very well, not only because she is a relative of the director, but also because the salary that Director Sun gave her is not low. It is difficult to find a job with the same salary in the county, and she cherishes this job very much.

"No need, I'm not looking for your director, I'm looking for Lawyer Fang." After Gao Jinlan threw out a sentence, she walked in.

Fang Yi was revising the agency statement for Li Shuming's case of buying a car with a borrowed license plate, when he heard Sister Lan's voice at the door, he immediately sat up straight and looked up, just in time to see Sister Lan walking over.

"Mr. Gao, why are you here?" Fang Yi hurriedly got up and greeted him.

"Passing by, I just thought of something to consult with you." Sister Lan took off her big sunglasses and put on a smiling face.

"Let's go to the conference room." After speaking, Fang Yi turned around and took Sister Lan to the conference room.

At this moment, Sun Zhengyi received a WeChat message from the front desk: Mr. Gao from Shengfeng Group has arrived and went to the conference room with Lawyer Fang.

Director Sun frowned, it seemed that Lawyer Fang had a good relationship with Mr. Gao, otherwise why would he leave the legal counsel and come to see Fang Yi.

In the meeting room, Fang Yi sat down and looked at Sister Lan who was opposite: "Sister Lan, what's the matter?"

"We cooperated with another company in the next county to build a senior care project, which is real estate, but a building built in the name of a nursing home.

This house cannot be sold, it can only be used for retirement.You also know that every family in our rural area has a house, and it is unfilial to send the elderly to a nursing home, and people in the village will poke their backs, so we went to the city to promote nursing homes.But with little success.

We are thinking about renting out the house in the nursing home for 70 to [-] years, isn't it almost the same as selling a house.The company's legal adviser said that it was illegal to do so, and it was classified as renting and selling, and the state would not allow it.

I know you have a lot of ideas, so I want to ask how you can avoid risks. "Sister Lan said.

Fang Yi was silent for a moment, then looked up at Gao Jinlan: "Sister Lan, this matter is fundamentally illegal, but the legal consequences are nothing more than the part of the lease period exceeding 20 years. If the court does not support it, it will be ordered to return the relevant money."

"Oh, that's it! Now I understand that there is no risk in what I do now, and we can bear the risk." Sister Lan thought for a while.

"Do you have all the licenses for the elderly care project you are cooperating with?" Fang Yi asked.

"The certificates are complete, and they were completed last month. Our project is to board the bus before buying a ticket. This kind of thing is too common in our province, so it's not a big deal." Sister Lan said carelessly.

"Well, according to Article [-] of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Disputes over Urban House Lease Contracts, the lessor has not obtained a construction project planning permit or has not constructed in accordance with the provisions of the construction project planning permit. The lease contract concluded with the lessee is invalid.

At the same time, Article [-] of the Interpretation stipulates that the lease contract concluded between the lessor and the lessee for temporary buildings that have not been approved or constructed in accordance with the approved content is invalid.

What I mean is that if the pension project you cooperate with has all the licenses, basically the risk of the lease contract being deemed invalid by the court is basically zero. "Fang Yi explained.

"Then there are other risks?" Sister Lan said seriously.

"There are definitely risks, such as the risk of exceeding the 20-year lease term in disguise.

According to Article 210 of the "Contract Law of the People's Republic of China", the lease term of a lease contract shall not exceed 20 years, and if it exceeds 20 years, the excess part shall be invalid.Therefore, when selling (renting), it is best to make it clear with the other party and make an agreement so as not to argue later.

Moreover, the transfer of property rights and transfer of ownership cannot be written in the transaction contract. The content of the contract must reflect the content of the leased house, which is only the transfer of the right to use. "Fang Yi said.

"The name of the contract is "Contract for Transfer of Real Estate"? Actually, it's just a name." Sister Lan asked.

"Actually, the court doesn't care too much about the name of the contract when it hears such cases. It mainly looks at the content of the contract. But one more thing is worse than one less thing, so I don't recommend that you write it like this. It can be vague, such as contracts, use rights transfer contracts, etc. .” Fang Yi said.

"In fact, both the buyer and the seller of this kind of transaction understand what's going on. We build all single-family villas, and only one is a townhouse. The environment is very good. There are many young people who come to see the house these days." Sister Lan road.

"Isn't it a pension project? Young people can also rent it?" Fang Yi was a little confused. Could it be that young people have entered retirement early?

"Brother, you are too honest. It's not easy. There are policies and countermeasures. Young people can buy (rent) retirement housing in the name of their parents or grandparents. No one cares about who lives in it.

Are there other risks? "Sister Lan laughed.

"Well, if you want to minimize the risk, you can also think about the composition of the fees charged. Generally, the court will only order the return of rent, and other fees are more complicated, and may not support the return." Fang Yidao.

According to his thinking, the masters who can rent villas for "retirement" are definitely not ordinary people who have had their last meal but never had a meal. Since they want to rent this kind of house for sale and take advantage of policy loopholes, they don't care about it. With mercy, safeguarding the interests of customers is the first priority.

There is an old saying that goes: whoever eats will be rewarded.

"Oh, I see. This is similar to how we sell a house. What are the registration fees, signing fees, legal fees, decoration fees, this fee and that fee, it is to split the cost, so that people can think that the price is acceptable. little trick.

I understand what you mean. When I go back, I will tell them that in addition to the contract signed with the other party, several service agreements will be added, and the fees paid by the other party will be divided into rent, service fee, signing fee, lawyer's fee, etc.

Even if the rental contract is deemed invalid in the future, we can refund less money.Brother, do you do this piece of lawyer witness?It's the signing witness, and I'll give you all the lawyer's fees at that time. "Sister Lan said.

Fang Yi shook his head hastily: "I don't testify, and besides, two lawyers usually need to testify with lawyers. I can't do it alone."

He didn't want to wade into this muddy water, it would be bad if something happened to him outside.Besides, this business has no technical content, and the lawyer's fee cannot be high. Gao Jinlan is a client of the firm, and if she really takes the job, the firm only gives herself a 20.00% commission, and two lawyers' points are required. It has to be borne by lawyers, and the risks are not directly proportional to the benefits, so forget it.

Fang Yi was afraid that Sister Lan would bring up the testimony again, so she hastily changed the subject: "Sister Lan, I'm just giving you some advice, there are still risks, you have to think about it."

　There are two chapters today, save some drafts, and there will be more updates later!Thank you for your votes and rewards during this period of time.

　　
　
(End of this chapter)