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How long can the real estate under the name of the company be bought and sold? What is the transfer process for buying and selling houses?

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How long can the real estate under the name of the company be bought and sold? What is the transfer process for buying and selling houses?


        

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  • 2024-06-10 09:00:48

    No matter whether we are working, studying or living, we may encounter various legal problems, so we usually need to know more about legal knowledge, so that when we encounter legal problems, we can deal with them well to safeguard their legitimate rights and interests. This article has sorted out some legal knowledge related to how long the company's real estate can be bought and sold, and how the house transfer process is. I hope it can help you.

    List of contents of this article:

    1. How long can the real estate under the name of the company be bought and sold

    How long can the real estate under the name of the company be bought and sold

    The company's house can be bought and sold after the company obtains the ownership of the house. However, in case of disputes over the ownership of the house or the house being sealed up by the people's court, the house cannot be bought or sold. Article 240 of the Civil Code of the People's Republic of China [Definition of ownership] The owner has the right to possess, use, benefit from and dispose of his real estate or movable property according to law. Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate:

    (1) Obtaining the right to the use of the land by means of transfer does not meet the conditions prescribed in Article 39 of this Law;

    (2) Judicial and administrative organs rule or decide to seal up or restrict real estate rights in other forms according to law;

    (3) The right to the use of land is withdrawn according to law;

    (4) Joint ownership of real estate without the written consent of other joint owners;

    (5) The ownership is in dispute;

    (6) Failing to register and receive the ownership certificate according to law;

    (7) Other circumstances under which transfer is prohibited by laws and administrative regulations.

    How to calculate the lawyer's fees for handling housing sales disputes in Beijing

    1. If the property object is not involved, it will be charged between 2000 and 100000 yuan through negotiation

    2. If the object of property is involved, the agency fee shall be charged according to the object of dispute, but the minimum fee shall not be less than 2000 yuan, and the charge proportion shall be calculated as follows:

    The part of dispute subject less than 100000 yuan multiplied by 5% is 5000 yuan

    The part of the subject matter in dispute that is more than 100000 yuan but less than 500000 yuan multiplied by 3% is 17000 yuan;

    The part of the subject matter in dispute that is more than 500000 yuan but less than 1 million yuan multiplied by 2.5% is 29500 yuan;

    The part of the subject matter in dispute between 1 million yuan and 5 million yuan multiplied by 2% is 109500 yuan;

    The part of the subject matter in dispute between 5 million yuan and 10 million yuan multiplied by 1% is 159500 yuan;

    The part above 10 million yuan of the subject matter in dispute is multiplied by 0.75%.

    Who bears the lawyer's fees

    Lawyer fees are generally borne by the party who hires a lawyer, and can also be borne by the losing party under certain legal conditions, such as copyright, patent, trademark and other intellectual property disputes. As for the specific amount of attorney fees to be borne, the judge shall support it according to the nature of the case based on his discretion.

    According to the principle of freedom of contract, as long as both parties have agreed in the contract that the lawyer's fees should be borne by the losing party, the claim for lawyer's fees will generally be supported in litigation or arbitration. Therefore, when drawing up the contract, both parties of the contract can list the lawyer's fees as the content of the compensation for breach of contract, and even list the way and standard of bearing the lawyer's fees in detail.

    Article 26 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Copyright Dispute Cases

    The reasonable expenses paid to stop the infringement as stipulated in the first paragraph of Article 49 of the Copyright Law include the reasonable expenses of the obligee or the entrusted agent for investigating and obtaining evidence of the infringement.

    The people's court may, on the basis of the litigants' claims and the specific circumstances of the case, calculate the lawyer's fees that conform to the provisions of the relevant departments of the State within the scope of compensation.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

    Li***

    2024-06-10 09:00:48

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