Lawyer

Chapter 79 It's a pity not to try

In this kind of case that has no chance of winning, in Fang Yi's view, the defendant basically can only wait to be sent to prison, and the appeal is just a delay of time, which is useless.

"Well, forget it, I don't want to continue to toss about it anymore. For this kind of brainless person, I should let him sober up inside." The younger brother was just released from prison and sentenced for the same crime. Yunmei Yagen hated her. Straight itch.

A lawyer introduced by a friend encouraged her to appeal, saying that she could find a relationship (of course, the cost is indispensable), and she would be sentenced to a few years less if she was accommodated.

But after hearing Fang Yi's words today, Yunmei has completely given up. She can't be released now even if she is sentenced to a few years less.

"Lawyer Fang, I have something else I want to ask you. Have you ever done a real estate transaction?" Yunmei asked again.

"I did. Not long ago, I just handled a real estate transaction case in the county." Fang Yi said in his heart: Maybe he encountered a haunted house again, this is really a coincidence.

"Great. I bought a house in the city in [-]. It was an off-plan house. The house was handed over in June last year. As a result, in September last year, the relevant government department sent a notice to our owner, saying that the fire protection facilities of the real estate were not good enough. In place, our owners are prohibited from staying.

We found the developer, and the developer said they would solve it as soon as possible. They have already communicated with the fire department about the red envelopes.As a result, the communication has not been believed until now.

Two months ago, someone in our property owner group suddenly issued a notice, saying that the developer owed the bank the money and the bank took the "notarial certificate" and "execution certificate" to the Municipal Intermediate People's Court to apply for enforcement of the developer's property. Now The real estate has been sealed up by the court, and the court is enforcing the auction of the entire real estate.My house is also up for auction.

I would like to ask me if this house is auctioned, can I get back the purchase price I paid before? "Yunmei asked with concern.

"These are two legal relationships. First, the bank and the developer have a loan relationship. The bank applies to auction the developer's house, and the proceeds are paid to the mortgaged creditor first, that is, the bank. The remaining money is distributed to ordinary creditors.

You and the developer are now in a house sales relationship. Before the court determines the claims between you, you cannot participate in the auction property distribution as an ordinary creditor. "Fang Yi said.

"That is to say, even if the developer's property is auctioned off, if I don't sue the developer, I won't be able to get any compensation, is that right?" Yunmei asked.

"Yes, that's how you understand it." Fang Yi said.

"Then am I short of housing and money? Is there any way for me to get my money back?" Yunmei asked anxiously.

"How much did you pay for the off-plan house?" Fang Yi asked after thinking about it.

"It seems to have paid about 40.00 yuan. According to the contract, I have paid [-]% of the total purchase price." Yunmei said.

"Now the house has actually been delivered to you, isn't it? The 60.00% of the house payment has not been given to the developer?" Fang Yi continued to ask.

"Yes, I got the house key a long time ago, but because the fire protection facilities were not in place, we couldn't move in. Basically, the owner didn't pay the follow-up purchase price. It was the developer who broke the contract first, so it's not bad for us.

Now that the house has been seized, it is even more impossible for us to pay the final payment for the purchase of the house. " Yunmei explained.

"Apart from this house, do you have another house?" Fang Yi continued to ask.

Yunmei was startled, she didn't know the purpose of Fang Yi's question: "I have a house under my name, but they are all shops. I bought a house at first and then sold it. Now I don't have a house. This is the only house. Does this matter?"

"It does. I think you can file an objection to the court. Maybe you can keep your apartment," Fang Yi said.

"To tell you the truth, I have also consulted about this matter before, and I want to file an enforcement objection, but an old lawyer said that the objection can only be established if the payment exceeds 50.00%, which is written in a Supreme Court regulation. I Only paid 40.00%, not eligible." Yunmei said helplessly.

"The law stipulates that people are dead, but people are alive. The situation in each case is different. In your case, you first paid 40.00% of the purchase price, although it did not meet the requirement of paying 50.00% of the purchase price. , but the remaining purchase price is not paid due to the developer's default, not because of your default.

From this point of view, you are not at fault.Now because of the lawsuit between the developer and the bank, the house is seized, and you do not pay the final payment for the purchase of the house. This is to protect your personal interests.It's not your fault, it's the developers.So I think you still have a chance. "Fang Yi said.

"That's it!" Yunmei was dubious, a little moved.

"In other words, if you do nothing, or if you sue the developer, do you think you can get the house back or get the money back?" Fang Yi asked.

"The house will be enforced soon, how can I get it back. Now that the developer has gone to empty the house, they are all out of business, and the capital chain has been broken long ago, so how can I get the money." Yunmei said.

"Yes, since there is no other better way, why don't you give it a go, just in case you can get the house back!" Fang Yi persuaded: "Of course I just give you a suggestion, if you don't want to sue, I will no way."

Yunmei was enlightened by Fang Yi's words. In the face of huge benefits, the risk of losing the lawsuit is not worth mentioning.She hadn't raised objections to execution before, mainly because her younger brother was suddenly arrested for a crime, and she had been busy with his younger brother's affairs. After all, it was a criminal case, and she had to take care of her younger brother first.Also, the old lawyer said her case was hopeless, and she was distraught and didn't know what to do.

Now that her younger brother's criminal case has come to an end, she naturally put all her thoughts on her own case.

"Lawyer Fang, can you represent me in this case?" Yunmei looked at Fang Yi and asked earnestly.

"Yes, but I can't guarantee that this case will be won. I just think there is a chance. It would be a pity not to try." Fang Yi regretted a bit, what he just said was a bit too full, and he wanted to go back and make up for it.

"It doesn't matter, at least what you said is very truthful. I think what you said is reasonable and you are not fooling me." Yunmei smiled and said, "If you are entrusted with this case, how will you charge for the lawyer's fee?"

"How much is the total contract amount for this house?" Fang Yi asked.

"The house is 230 square meters in total, 180 square meters, a total of 200 million, plus taxes, it should be [-] million." Yunmei said.

(End of this chapter)