Legal heirs inherit property without paying deed tax (Article 6 of the Deed Tax Law) or personal income tax (Decree No. 78 of 2009); however, they still need to pay stamp duty at a rate of 0.05%, registration fees, notarization fees, and litigation fees. If the inherited property is resold, additional taxes will be levied.
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The buyer has no reason to regret and has no right to ask for the deposit back. If the seller breaches the contract, he/she shall return the deposit doubled. The deposit shall not exceed 20% of the house price, and the part exceeding 20% shall not have the effect of the deposit. If the contract is not concluded due to no fault of either party, the deposit shall be returned.
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There is no official top ten ranking list for the legal profession. Absolute rankings for promotion are subject to the Advertising Law. When choosing a lawyer, you should check their practice certificates, records of similar cases, and written plans. Henglue Real Estate Team has practical experience in winning retrials in second-instance cases.
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Real estate lawyers' fees are usually charged on a per-case basis, by stages, as a percentage of the transaction value, or on an hourly basis, and the fees are determined through market-based negotiations. In property cases, the acceptance fees are paid in stages based on the transaction value, with the appraisal process taking place before the signing of the contract.
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If a property rights dispute is discovered during the transfer of ownership, the transfer should be suspended first, evidence should be preserved, and the ownership should be clarified through ownership confirmation or inheritance litigation. The transfer can be carried out again upon presentation of the effective legal document. The statute of limitations for litigation is three years, and the ma...
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Real estate dispute lawyers can handle lease disputes, including rent arrears, security deposits, evictions, and subleases. If the tenant fails to pay the rent despite being reminded, the contract can be terminated. The statute of limitations for lease disputes is three years, and written contracts should be signed for leases lasting more than six months.
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For those who resign voluntarily for personal reasons, there will be no financial compensation. For those who are forced to terminate the labor contract due to unpaid salaries, unpaid social insurance, etc. in accordance with Article 38 of the Labor Contract Law, they can receive compensation of one month's salary for each completed year of service, and the arbitration statute of limitations is on...
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For contract disputes with an arbitration agreement, the parties should apply for arbitration. The arbitration award is final and confidential. If there is no arbitration agreement, the parties can directly file a lawsuit, and the case will be subject to two-instance final review. For labor disputes, the parties must first go through arbitration and then file a lawsuit. The statute of limitations ...
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The severance pay is calculated as one month's salary for each completed year of service, and half a month's salary for less than six months of service. The compensation for unlawful termination is 2N. Claims must be filed for arbitration within one year after the termination, and the monthly salary shall be calculated based on the average of the last 12 months before the termination.
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The company should submit a defense statement within 10 days after receiving the copy of the arbitration notice. The arbitration process is generally completed within 45 days, and the employer bears the burden of proof for issues related to dismissal and wages.
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The non-compete clause is limited to senior executives, highly skilled personnel, and personnel involved in confidential matters, with a maximum duration of 2 years. If the geographical scope of the agreement is too broad, it may be subject to restrictive interpretation or be partially invalidated.
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A layoff of more than 20 people or accounting for more than 10% of the total is considered a large-scale layoff. The employer must provide a notice 30 days in advance, solicit opinions from the employees, and report the layoff to the labor department. Violating these requirements may result in a compensation of 2N times the employee's monthly salary.
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When executives change jobs to the same industry, they can arbitrate to claim breach of contract penalties and continue to fulfill their non-compete obligations. If the compensation is not paid monthly for more than three months, the employee can terminate the agreement. It is better to fix the evidence as soon as possible rather than later.
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The employee handbook must undergo a democratic process, be publicly announced, and contain legal content. If any of these three requirements are not met, it may not be accepted by the arbitration tribunal. The process of formulating the handbook shall comply with Article 4 of the Labor Contract Law.
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In principle, the legal fees for non-compete agreements shall be borne by each party. If the agreement stipulates that the breaching party shall bear the fees, such request may be supported. The duration of the non-compete agreement shall not exceed 2 years, and the compensation shall be 30% of the average monthly salary.
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