Lawyer's character

In Fang Yi's opinion, in this kind of case with no chance of winning, the defendant basically has no choice but to wait to be sent to prison. The appeal is just to delay time and is of no use.

"Well, forget it, I don't want to bother with it anymore. For such a brainless person, he should be allowed to wake up in there." His younger brother had just been released from prison and was sentenced for the same crime. Yunmei Yagen hated him. It's itchy.

A lawyer introduced by a friend encouraged her to appeal, saying that she could find connections (of course the fees would be indispensable), and he would be accommodating by reducing the sentence by a few years. He also advised her to appeal without increasing the sentence anyway, so she might as well give it a try.

But after listening to 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. She will still have to go to jail and spend a lot of money. If the incident happens, it will be more than worth the loss to pursue her.

"Lawyer Fang, I have something else to ask you. Have you ever done any real estate sales cases?" Yunmei asked again.

"I've done it before. I just handled a real estate transaction case in the county not long ago." Fang Yi thought to himself: "I must have encountered a haunted house again. What a coincidence."

"Great. I bought a house in the city off-plan in 2009. The house was handed over in June last year. However, in September last year, the relevant government departments sent us a notice to the owner, saying that the fire protection facilities of the building were not good. In place, prohibiting us owners from occupancy.

We found the developer, who said they would solve the problem as soon as possible. They had already communicated with the fire department about a few red envelopes. As a result, I still don’t believe it until now.

Two months ago, someone in our group of property owners suddenly issued a notice saying that the developer owed the bank money but could not repay it. 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 property has been sealed by the court, and the court is enforcing enforcement to auction the entire property. My house is also being auctioned.

I would like to ask 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 will be paid first to the creditor with the mortgage, that is, the bank. The remaining money will then be distributed to the general creditors.

The relationship between you and the developer is a house purchase and sale. Before the court determines the creditor's rights between you, you cannot participate in the auction property distribution as a general creditor. "Fang Yi said.

"In other words, even if the developer's properties are auctioned, 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 I've lost both my house and my money? Is there any way I can get my money back?" Yunmei asked with an anxious look on her face.

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

"It seems that I paid over 800,000 yuan. According to the contract, I have paid 40% of the total purchase price," Yunmei said.

"Now the house has been actually delivered to you, right? The remaining 60% of the house payment has not been given to the developer?" Fang Yi then asked.

"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 subsequent purchase payment. It was the developer who breached the contract first, and it was not our fault.

Now that the house has been sealed, it is even less possible for us to pay the final payment. "Yunmei explained.

"Do you have any other housing besides this one?" Fang Yi continued to ask.

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

"If it matters, I think you can file a lawsuit against the execution with the court. Maybe you can keep your apartment." Fang Yi said.

"To tell you the truth, I have consulted on this matter before. I wanted to file an objection to the execution, but an old lawyer said that I have to pay more than 50% before the objection lawsuit can be established. What is the provision of the Supreme Court? Yes. I only paid 40%, so I don’t meet the conditions." Yunmei said helplessly.

"The law is dead, but people are alive. The situation of each case is different. In your case, first of all, you paid 40% of the purchase price, although you are not satisfied with paying 100% of the purchase price. However, the remaining unpaid purchase price is due to the developer’s breach of contract, not your breach of contract.

From this point of view, you are not at fault. Now because of the lawsuit between the developer and the bank, the house has been seized and you do not pay the final payment. This is to protect your personal interests. The fault is no longer yours, but the developer's. So I think you still have a chance. "Fang Yi said.

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

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

"The house is about to be enforced. How can I get it back? Now the developers have left the building empty and they have closed down their business. The capital chain has been cut off. How can I get any money?" Yunmei said.

"Yes, since there is no other better way, why don't you give it a try and get the house back!" Fang Yi persuaded: "Of course I am just giving you a suggestion. If you don't want to sue, I will no way."

Yunmei was enlightened by what Fang Yi said. In the face of huge interests, the risk of losing the lawsuit was not worth mentioning at all. She had never raised any objection to execution before, mainly because her brother was suddenly arrested for a crime and she had been busy with his affairs. After all, it was a criminal case, so she had to take care of her brother first. In addition, the old lawyer said her case was hopeless and she was a little upset and didn't know what to do.

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

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

"Yes, but I can't guarantee that this case can be won. I just think there is a chance. It would be a pity not to give it a try." Fang Yi regretted a little. 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 deceiving me." Yunmei smiled and said, "If I entrust you with this case, how will the lawyer's fees be charged?"

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

"The house is 230 square meters in total, 8,010 square meters in total. The total price is 1.84 million. Including taxes and fees, it is estimated to be 2 million." Yunmei said.