Grassroots lawyers also have spring

Chapter 144 Is the homestead sale legal?

"Chuan'er, we are on the second floor, you can come up directly!" After the call was connected, Fatty's voice came out.

Wang Chuan went up to the second floor and looked inside, only to see Fatty smiling and waving at him at the innermost dining table.

"Angkor, this is my good brother Wang Chuan. Wang Chuan is now a lawyer at the law firm." After the fat man finished speaking, he turned to look at Wang Chuan and said, "Chuan'er, this is Angkor."

"Hello Angkor, Wang Chuan." Wang Chuan shook hands with Angkor.

The Angkor in front of me is of medium height, with a small cut, in his 40s, with a thin body, but his eyes are full of energy, and he looks like a shrewd person.

"Hello, Lawyer Wang. I have heard that Fatty has a good brother, sit down! Do you have any taboos?" Angkor greeted warmly.

"No." Wang Chuan sat beside Fatty.

"I don't know what you like to eat, so I ordered a few signature dishes here. Look at the menu and order a few more dishes." After Angkor finished speaking, he handed over the menu.

After Wang Chuan ordered a soft fried tenderloin, he put the menu aside and said with a smile, "Angkor, Big Fatty said you have a question about buying and selling a house?"

At this moment, the waiter brought up the prepared dishes plate by plate.

"Come on! Let's chat while eating. Lawyer Wang, how about trying the food here." Angkor laughed.

Angkor was not in a hurry to talk, but introduced to Wang Chuan the dishes of Tianwaitian one by one.After the five flavors of the dishes were over, Angkor put down his chopsticks.

"Well, that's right. This has been said for five or six years. Our family has an old house in the village. After my parents passed away, it has been vacant.

Later, my brother sold the house. Some time ago, road repairs required part of the land in the village. Our homestead was within the scope of demolition.

My brother asked the other party to buy the old house back, but the other party disagreed.Later, my brother approached the other party to propose splitting the relocation funds, but the other party still disagreed.

No, my brother found me two days ago and asked me to find a way. I was thinking about hiring a lawyer to see if I could get the house back through legal means. "Speaking, Angkor looked at Wang Chuan.

If you have vested interests, of course people will not return the old house to you!Although Wang Chuan thought so, he couldn't say so.

"Angkor, who bought your old house?" Wang Chuan asked.

"It is said that the person who bought the house was a worker who retired from a newspaper office. He felt that living in the city was too suffocating, so he ran to our village and bought my old house." Angkor said.

"Old house, has the other party overturned it?" Wang Chuan continued to ask.

"No, it's just a simple external repair. The wall was rebuilt. The main structure has not been touched, and the interior has been decorated. I went back to my hometown for the Spring Festival this year. I went to see it. It looks like a garden, but it is beautiful. Already!" Angkor said.

"Well, let's put it this way, only the villagers of the village can enjoy the homestead in the village. It is a benefit given to the members of the production team. If it is not for the villagers in the village, they have no right to enjoy it.

So from this point of view, the real estate sales contract signed by your brother and the other party should be invalid.But now in the face of demolition, it is hard to say whether the court will directly order the return of the property.

It is very possible to maintain the status quo, and then distribute the demolition funds according to the responsibilities of both parties after the demolition is completed. "Wang Chuan thought for a while.

Previously, someone in the legal service office once consulted Wang Chuan about the sale of real estate in the village homestead. The sales contract in that case was invalidated at the first instance. He did not know the result of the second instance, because the client only consulted and did not entrust Zhengyang Law Firm. handle the case.

In today’s case, if the seller sues the court for confirmation of the invalidity of the contract and the return of the property, the court may not support it, because the buyer has lived in the property for many years and has renovated and repaired the property.

Especially now that we are facing demolition, the benefits are right in front of us. According to the principles of fairness and credit, the judge will definitely consider the faults of both parties in order to balance the interests of both parties.The easiest way to deal with it is to only determine that the sales contract is invalid, and after the demolition is completed, the buyer will sue separately, requesting that the demolition funds be divided according to the fault responsibilities of both parties.

In the current imperial capital, there are not many such disputes over the purchase and sale of rural real estate. After more than ten years, when the tide of real estate development swept the entire outer suburbs of the imperial capital, in front of interests, the hardworking people living at the bottom were fighting for demolition funds. Good brothers and good sisters went to court overnight, and rural real estate disputes surged, and the filing rooms of the courts in the outer suburbs were overcrowded for a while.

"Then how will the responsibilities be generally divided? How will the demolition funds be distributed?" Angkor stretched his neck, his eyes showing concern.

"Currently, there are cases with five or five points, and some four or six points. The cases I have seen recently are three to seven points. It mainly depends on how the judge determines the responsibility. There is no uniform distribution standard.

Perhaps when there are more cases of this kind, the court will have uniform law enforcement standards. "Wang Chuan said vaguely, because he was not sure how the judges in the imperial capital would divide the responsibility.

"Well, no matter what, our family has a share of the demolition funds, at least [-]%! Right?" Angkor nodded.

"Well, almost!" Wang Chuan said.

Angkor was quite satisfied with Wang Chuan's answer: "If we entrust you to handle this case, how will we charge you?"

While talking, Angkor served Wang Chuan some dishes with the public chopsticks, and looked at Wang Chuan after sitting down.

"Well, I'm a trainee lawyer now. I can handle your case with the lawyers in the firm. In terms of fees, the minimum fee for general real estate cases is 1 yuan. The fee for your case will not be confirmed until you have seen the case materials.

But Dapang and I are good buddies, and you have a good relationship with Dapang. I can apply to the office to see if I can give you a discount. "Wang Chuan said.

"Okay, I'll trouble you then. The Chinese New Year is coming soon. After the Spring Festival, I will bring materials to find you. Let's add a QQ account!" Angkor took out his mobile phone and reported the QQ number, and Wang Chuan added Angkor as a friend .

After eating, Big Fatty and Angkor went downstairs first. Wang Chuan was in a hurry and went to the bathroom. When he came out, he suddenly saw a familiar figure not far away. He took two steps and stretched his neck to look at it. .

At the innermost table in the hall on the first floor, Fatty Wan took the clothes from a woman with a smile on his face and put them on. The woman who gave him the clothes, Wang Chuan knew, was the elder sister of the Gao family. Er Gao Yunmei.

The two were chatting and laughing, and from time to time, Gao Yunmei would beat Wan Fatty twice with her small fist, typical flirting and cursing!Anyone who sees it will think that the two are a couple.

Wang Chuan was behind the pillar, and sighed secretly: I am a good boy, Fatty Wan is not easy!Made a criminal case and solved all the problems of my wife.It seems that there is still development as a criminal lawyer!

Sitting in the N-hand van dedicated to water delivery that Fatty drove, Wang Chuan looked at the tall residential buildings outside the car, and felt envious in his heart. When can he own one for himself!

(End of this chapter)