26 Jul 2008

The sale of commercial housing in the buyers to a lawyer what to do

Lawyers in the trading of commercial housing in the role played by, more and more people now fully aware of, many buyers in the purchase of commercial housing, have requested the lawyers intend to, but some buyers do not know the sale of commercial housing in a lawyer can What to do, the author here for a brief account of this, for your consideration.

First, we must understand that buyers and the legal relationship between lawyers

Between the two sides is entrusted with the commission's legal relationship. Purchase is the client, lawyers commissioned by the purchase of commercial housing in the process of providing legal services and lawyers agreed to pay the lawyer fees; lawyers are trustees, accepted the commission for its purchase agreement for the provision of legal services and legal fees charged . Counsel for the outcome of matters entrusted by the buyers to enjoy and bear. Buyers for this purpose to the lawyers, their responsibility is to go all out to safeguard the legitimate rights and interests of home buyers. The lawyers commissioned by the buyers, commissioned by the developers and lawyers, commissioned by the Bank for mortgage loans lawyers, clients, scope of work is very different, not confusion.

Second, the lawyers in the trading of commercial housing in the provision of legal services the major areas of work

Lawyers in the trading of commercial housing in the provision of legal services scope of work, commissioned by the two sides agreed in the contract. Agreed more with fewer issues, the lawyers decided the workload, but also determines the legal fees of more with less. Generally speaking, the major areas of work include:

1. Developers to review the qualifications, to see whether there is the state of the eligibility conditions for the development of commercial housing; inspection of the developer related sales documents to see whether or not to buy commercial housing with sales, pre-sale conditions. At present, the development of commercial housing market is not very standardized, developers review the qualifications, conditions, it is very necessary.

2. To consultation, negotiation, drafting, review, modify, add a contract for the sale of commercial housing and its supplementary agreement. Including:

Review the contract language developers is not the Ministry of Construction issued the text of a contract for the sale of commercial housing, if not, then require the use of the text, the text of the key provisions, mainly by the seller and the buyer is identified in consultation fill in the blank terms, it should be according to Is conducive to the principle of buyers or the principle of fairness, in consultation with the developers to identify specific content for the developers to produce and the buyer did not discuss, has been filled out in advance good terms, must be careful review, the associated negotiations, amended to add; The main contract is generally agreed in principle, a significant amount of content to be added through the signing of the agreement to determine; see the annex to the contract is complete, complete, check the signature on behalf of the seller, the seal is the real developers or sales agents sales of the company; And so on.

3. Acceptance for housing in the course of relevant procedures, mainly refers to the delivery of developers is in compliance with provisions of relevant documents. As for the question of whether the quality of housing, from developers and buyers to identify; may also be assisted by counsel.

The sale of commercial housing is a complex civil legal acts, from Kanfang, signed offers, sign the main contract, added to the pre-acceptance agreement, permits for property rights, often had taken a long time, numerous affairs, involving many areas of expertise in areas such as law, The need for lawyers and other professionals to help home buyers, buyers of the legitimate rights and interests can be guaranteed.

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