Lawyer's character

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

"No, I'm not looking for your director, I'm looking for Lawyer Fang." Gao Jinlan said firmly and walked inside.

Fang Yi was revising Li Shuming's agent's statement in the case of borrowing a license plate to buy a car. 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 stood up and greeted him.

"I was passing by and just thought of something to ask you about." Sister Lan took off her big sunglasses and put on a smiling face.

"Let's go to the conference room." After saying that, 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: CEO Gao of Shengfeng Group had 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 come to see Fang Yi without looking for a legal adviser?

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

“We have cooperated with another company on a nursing home project in the next county. To put it bluntly, it is real estate, but it is just a building built in the name of a nursing home.

This house cannot be sold and can only be used for retirement. You also know that in our rural areas, every family has a house. It is considered unfilial to send the elderly to nursing homes, and they will be stabbed in the spine by the villagers, so we went to the city to promote nursing homes. But with little success.

We were thinking about renting out the house in the nursing home for sixty or seventy years. Wouldn't it be almost like selling a house? The company's legal adviser said that doing so was illegal and constituted leasing for sale, and the state did not allow this.

I know you have a lot of ideas, so I want to ask you 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 indeed illegal fundamentally, but the legal consequences are nothing more than the lease period exceeding twenty years. If the court does not support it, it will be ordered to return the relevant money. "

"Oh, that's it! I understand now. There is no risk in doing anything now. We can bear the risk." Sister Lan thought for a moment and said.

"Does the senior care project you cooperate with have all the certificates?" Fang Yi asked.

"The certificates and licenses are complete, and they were all completed last month. Our project involves getting on the bus first and then buying the ticket. This kind of thing is too common in our province and is not a big deal." Sister Lan said carelessly.

“Well, according to Article 2 of the Interpretation of the Supreme People’s Court on Several Issues Concerning the Specific Application of Law in the Trial of Urban House Leasing Contract Disputes, the lessor fails to obtain a construction project planning permit or fails to construct in accordance with the provisions of the construction project planning permit. For a house, the lease contract entered into with the lessee is invalid.

At the same time, Article 3 of the interpretation stipulates that the lease contract concluded between the lessor and the lessee for a temporary building that has not been approved or constructed in accordance with the approved content is invalid.

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

"Are there any other risks?" Sister Lan asked seriously.

“There are definitely risks, such as the risk of exceeding the lease term of twenty years in disguise.

According to Article 214 of the Contract Law of the People's Republic of China, the lease term of a lease contract shall not exceed twenty years. If it exceeds twenty years, the excess part shall be invalid. Therefore, when selling (renting), it is best to make it clear to the other party and make an agreement to avoid quarrels later.

Moreover, the transaction contract cannot include transfer of property rights, transfer of ownership, etc. The content of the contract must reflect the content of the rental house, which is only the transfer of the right to use. "Fang Yi said.

"Can the contract be called "Real Estate Transfer Contract"? Actually, it's just a name." Sister Lan asked.

"Actually, the court won't pay too much attention to the name of the contract when hearing this type of case. It mainly depends on the content of the contract. But one more thing is worse than one less thing, so I don't suggest you write it like this. You can make it more vague, such as the contract, the right to use transfer contract, etc. ." Fang Yi said.

"Actually, both the buyer and the seller of this kind of transaction understand what's going on. We built all single-family villas, and only one is a townhouse. The environment is very good, and there are many young people coming to see the houses these days." Sister Lan road.

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

"Brother, you are too honest. This is not easy. There are policies and countermeasures. Young people can buy (rent) retirement homes in the names of their parents or grandparents. No one cares about who lives in them.

Are there any other risks? "Sister Lan smiled and said

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

According to his idea, those who can rent villas for "retirement care" are definitely not ordinary people who have had enough to live with. Since they are interested in renting and selling such houses and taking advantage of policy loopholes, they don't have to worry about it. Be compassionate and protect the interests of customers first.

As the old saying goes: Eat towards whomever you eat.

"Oh, I understand. This is similar to when we sell a house. There are queuing fees, contract signing fees, lawyer fees, decoration fees, this fee and that, just to break down the costs. We want people to think that the house price is acceptable. Play little trick.

I understand what you mean. I will tell them when I get back. In addition to the contract signed with the other party, several service agreements will be added to divide the fees paid by the other party into rent, service fees, signing fees, attorney fees, etc.

Even if the rental contract is deemed invalid in the future, we will be able to refund less money. Brother, do you do this as a lawyer’s witness? It is to witness the signing, and I will pay you all the legal fees when the time comes. "Sister Lan said.

Fang Yi shook his head hurriedly: "I don't want to testify. Besides, a lawyer's testimony usually requires two lawyers to do it together. I can't do it alone."

He didn't want to wade into this muddy water. If something happened outside, it would be bad if he was implicated. Besides, this business has little technical content, and the legal fees are not high. Gao Jinlan is a client of the firm. If he really takes this job, the firm will only give him a 20% commission, and he will have to split it between two lawyers. All the risks must be borne by the lawyer. The risks are not proportional to the benefits, so forget it.

Fang Yi was afraid that Sister Lan would mention the testimony again, so he hurriedly changed the subject: "Sister Lan, I am just giving you some suggestions. There are still risks, so you have to think about it."

There are two chapters today, save some drafts, and I will release more later! Thank you to all the book friends for your votes and rewards during this period.