How Do I Become a Real Estate Closing Attorney?

The author of this book has selected dozens of real estate cases and non-litigation projects in recent years. These cases have occurred in economically developed areas in China such as Beijing, Shanghai, Shenzhen, and Guangzhou. The selection covers the first-level development of land projects, real estate Project mergers and acquisitions, bad tail building acquisitions, urban complex construction, real estate historical issues, development of rural small property houses, cooperative housing construction, real estate financing, urban renewal and old city renovation, real estate license application, second-hand housing sales, housing commission sales, At present, almost all the hotspots and difficulties in the real estate industry in China, such as housing transactions, project payment claims and counterclaims under the condition of purchase restrictions, many of which have extensive influence at home and abroad, have been selected by the people's courts at all levels. The author of this book not only shows readers the complex and tortuous cases of these lawsuits and non-litigation cases, describes the process of adjudicating cases by people's courts and arbitration institutions, analyzes in detail the focus of disputes involved in each case, but also from the unique perspective of witnesses Tell readers how to formulate litigation and non-litigation strategies, how to investigate and obtain evidence, how to conduct court offenses and defenses, and especially how to defeat defeat in unique situations. ^[1]

Real estate litigation strategies and non-litigation skills

Chapter 1 Legal Affairs in Real Estate Litigation Chapter 1 Litigation Strategies and Techniques for Disputes over Land Use Rights Assignment Litigation Issues and Multiple Selling DisputesTaking M Company's Serial Land Use Rights Transfer Disputes as an Example Taking the disputes over the transfer of land use rights between Shenzhen Kai and a Shenzhen King as an example of the litigation strategies and techniques of land value-added disputes in the process of achieving contract conditionsTaking Shenzhen Taimou Company and Shenzhen Temou Information Company to develop disputes As an example, the litigation strategy and skills of the sincerity gold dispute in the cooperative development contractTaking a sugar industry tobacco and alcohol company and an industrial company as an example to terminate the contract. Chapter II Housing Transfer Litigation Issues And TechniquesTaking Zhang and Zhuang as Defendants' House Sale Disputes as an Example. Lawsuit Strategies and Techniques for Second-hand House Sale Default Disputes under Policy ControlTaking Xin and Zou's House Sale Disputes as Examples and Performing the Right of Defense Litigation Strategies and Techniques of Second-hand House Sale Disputes in the ContextTaking Wu and Hou as Real Estate Disputes as Examples Litigation Strategies and Techniques for Default Disputes in the Transfer of Store Property Rights: Taking Litigation of a Five-Star Hotel in Zhuhai and a Company in Chaohai as an Example Disputes on house purchase contracts as an example. Chapter III Litigation Strategies and Techniques for Disputes over Real Estate Entrustment Contracts, Intermediate Contract Litigation Matters without Authorization, and Unauthorized Agent DisputesTaking an Industrial Company and Company A, Group B, Company C, Huang, and Wang to Buy Disputes as an example of litigation strategies and techniques for intermediary contract disputes in real estate projectsTaking a case of cooperation dispute between a Shenzhen company and a southern company as an example Tianmou Co., Ltd. and a jewellery group and other mega-commercial city disputes as an example. The court revokes the arbitration commission's lease contract dispute adjudication strategy and skills . Taking company A and B's house lease disputes as examples. And SkillsTaking the Dispute over the Lease Contract between Company C and Company A and Company B as an Example Litigation Strategies and Techniques in Homestead DisputesTaking Li Mouguang and Li Mou Mingzu House Disputes as Examples Construction Fund Disputes of an Investment Company and a Construction Branch as an Example: Litigation Strategies and Techniques of Construction Fund Disputes in the Case of Invalid Construction ContractsTaking Wang and Zhang Construction Contract Disputes as Examples of Construction Fund Disputes in Cooperative Construction And SkillsTaking a construction company v. Hong company, Hua company and other engineering disputes in Guangdong Province as an example. Chapter 7 Legal Affairs in the Land Market for Legal Affairs in the Land Market. Taking Shanghai A City Investment Company's participation in the first-level development of the scenic spot of Hunan Z City as an example to provide legal services to solve the problem of historical landtaking the case of a land use right project in Changsha as an example to provide legal services for the transfer of non-agricultural construction land Taking Shenzhen's first non-agricultural land transfer arbitration case as an example Chapter 8 Legal affairs in the transfer of operating property Legal ServicesTaking Shenzhen Wanmou Co., Ltd.'s commercial real estate as an example. Chapter IX Legal Affairs in Old City Reconstruction Provide Comprehensive Legal Services for Urban Renewal ProjectsTaking Shenzhen Haimou Garden as an Example to Optimize the Allocation of Government Industrial Space Resources Provide legal servicesTaking a district government industrial investment project in Shenzhen as an example. Chapter 10 Legal Affairs in M & A of Real Estate Projects. Providing legal services for Minetail Building M & Ataking Shenzhen Huamou Building and Shanghai Baomou Hotel as examples. Transfer of equity of real estate company to provide legal servicesTaking Shenzhen MC Company to transfer Nanjing real estate project company as an example Chapter 11 Legal Affairs in Real Estate and Fixed Assets Investment and Financing Provide legal services for real estate project financing in the era of money shortageTaking Ordos in Provide legal services for government infrastructure investment and financing by taking real estate project financing as an exampleproviding legal services for mineral resources mergers and acquisitions by taking a mega investment and financing project of the Shenzhen Municipal Government as an exampletaking a coal mine merger in Inner Mongolia as an example for highway project mergers and acquisitions Providing legal services: a case of a highway merger in Guangdong Province

Foreword What is the most proud thing of a lawyer? Of course, he (or she) won a seemingly inevitable lawsuit, thereby protecting the interests of his clients to the greatest extent. In judicial practice, there is always this phenomenon-two lawyers have represented very similar cases, but the results are very different. One lawyer succeeded, and the other failed completely. It is interesting to note that in the same case, a lawyer was defeated in the first instance, and the lawyer was replaced in the second instance, but the result was exactly the opposite-winning the case. This leads to an old-fashioned topic-litigation strategies and techniques. Among the aforementioned seemingly ridiculous but common legal phenomena, the reason why the litigation results are so different, we cannot exclude factors such as judges' perception, new evidence, and even social factors such as the pressure of public opinion, but the lawyer's litigation strategy undoubtedly started It plays a decisive role, even if the judges have different opinions on the same case, the evidence selection has changed on different occasions, and the public opinion changes suddenly, this is often inseparable from the lawyer's strategy and efforts.
Because of this, the strategy and skills of lawyers have followed the origin and development of the lawyer system, and have always been with them, and have become the core elements of the lawyer industry. In ancient Rome from the second century to the third century BC, the first lawyers (Advocatus) in human history were born. Their task was to go to court, sit next to the defendant, and tell the defendant what to say, no What to say, in fact, they are eating the early technical "tech rice." Since modern times, lawyers in western countries have made full use of the rights conferred by lawyers in the western legal system, the vast space provided to lawyers by free markets and democratic systems, and the endless opportunities brought by legal civilization. Push your skills to the top. Inside and outside the court, lawyers have used epic performances to create masterpieces of cases, the German parliament arson case in the 1930s, and the assassination of Reagan, Simpson, and Tyson in the United States since the 1980s. , The Clinton impeachment case, the Florida ballot case, and so on. Sir Bruham, Lawrence Danno, Ellen Deschowitz ... An almost sacred icon in the legal profession, purging the legal system with their heroic words and deeds, creating a legal legend and shaping It is the legal justice and the legal belief.
It is no exaggeration to say that for hundreds of years, the "strategies and skills" of lawyer practice has long been and has been the "obvious science" of foreign legal circles, and even the law education of universities in common law countries has adopted the "case teaching method" That is, to find the spirit of law and the true meaning of justice from the vast past jurisprudence, and to find the legal wisdom of sages, including judges and lawyers handling cases. However, not only does there not exist such a discipline in China, there are also few specialized platforms for discussing lawyers' practice skills. Some theorists include some professional procedural law scholars who disdain, dare, and are unwilling to study such a discipline, because most of them lack a lot of practical experience in litigation and non-litigation. Has practical experience, but suffers from livelihoods and cases, and does not have the time and energy to sit down and think carefully and summarize. Although in bookstores we often see various books published in the name of legal "practice", after reading it, you will find that some "practice" is not pragmatic. Either a compilation of laws and regulations in one or several fields, or a stack of one or more types of cases, or an assembly of academic principles that are very learned, and less tell you the lawyer from the perspective of a case lawyer What and how? How can lawyers formulate the right litigation and non-litigation plans for specific cases? How does a lawyer investigate forensics? How does the court attack and defend? How do lawyers from both sides and even multiple parties play games behind the court decision? How to maintain success after a period of success? How to fight back after falling into despair? All these are why we are targeting the real estate litigation and non-litigation fields today and are determined to write this "Real Estate Litigation Strategies and Non-litigation Techniques".
I have been in the legal team since the early 1990s. I have been in the business for more than 20 years. During my more than 20 years of professional career, my team and I have handled more than 400 real estate lawsuits and non-litigation matters, involving a subject amount as high as More than 280 billion yuan. We have carefully selected 30 cases cited in this book to share with you. There are roughly five types of these cases: First, cases with major difficulties and complexities, numerous legal relationships, and long litigation cycles (such as the serial land rights disputes between Company M and Company A, Company B, and Company C that lasted for more than ten years in this book). ); Second, the sensitivity of laws and policies is high, and cases that occurred earlier in the coastal economically developed areas are frequent in the country (such as Xinmou and Zoumou s second-hand housing purchase disputes in the context of real estate control policies); third, Although it occurred in Guangdong, its legal principles derived from its jurisprudence are widely adopted in other parts of the country (such as the case of a Guangdong construction company v. Hong Company and Hua Company in this book for joint construction of houses and joint liability) Fourthly, there are no exploratory cases or legal affairs that have no unified standard in domestic laws and policies (such as Shanghai A City Investment Co., Ltd.'s participation in the first-level land development affairs of Hunan Z City, Shenzhen Municipal Government's infrastructure investment and financing affairs, etc.); It is a case that has been completely defeated after experiencing failure (such as a dispute between a Shenzhen industrial company and Company A, B, C, Huang and Wang in this book).
In terms of institutional arrangement, this book is divided into two categories: "real estate litigation legal affairs" and "real estate non-litigation legal affairs". For each litigation case, the contents of the "basic case" and "litigation process (including the first instance) , Second instance, retrial) "," Legal analysis of the focus of dispute "," Agent opinion "," Attorney's experience "; Non-litigation legal affairs are more flexible, each case lists" background "," basic case ", "Major work of lawyers" and "Handling of cases", etc. Starting from the original intention of more guidance for young lawyers, some cases also noted "main legal documents", "formats of legal documents" and the author's case-related legislation and "Suggestions and Reflections" of Policy. The author strives to show the readers an overview of the case and the full picture of the trial through a panoramic and comprehensive display of the front and back of the case desk. It is also more important for lawyers to learn from them to formulate correct litigation and non-litigation strategies and master the implementation strategies. Ways and means to improve practice skills. At the same time, investors and operators in the real estate industry can also share experiences and learn lessons from individual cases.
Although the online access to legal documents and other forms of publicity have become a major trend in the reform of China's judicial trial system, from the perspective of protecting the privacy and trade secrets of the parties, this book selects real cases while hiding the real names, The address and some data have been adjusted accordingly; it should also be noted that although the cases selected in this book are all recent years, they are, after all, historical cases. The laws and trial results applicable to the cited cases may be changed accordingly. Due to this change, this book will be adjusted accordingly when it is republished in the future. At the same time, we have also fully noted that in a legal tradition with the statute law supreme, since jurisprudence cannot be justified, it is bound to be caused by the different understanding and application of the law by different subjects, resulting in a similar situation in the case in the book. Litigation or non-litigation cases will have different results in other regions. This phenomenon exists objectively and normally. However, none of the foregoing situations affect the main purpose of this book-to discuss and inherit the "strategies and skills" of lawyer practice.
That's why, as the editor-in-chief of this book, I have to thank the leaders of the law press and Cheng Yue who invited us to write this book. I also want to thank the authors of this book for more than a year of silent dedication to this book. Complaining colleagues, they are:
Chengcheng Lu, Ph.D. Law, Senior Partner of Beijing Deheng (Shenzhen) Law Firm, Zhong Kaiwen, Master of Laws, Lawyer of Beijing Deheng (Shenzhen) Law Firm, Li Kai, Master of Laws, Senior Partner of Jingde Law Firm, Guangdong ) Lawyer Lei Hongli Master of Laws Lawyer of Beijing Deheng (Shenzhen) Law Firm Xu Jiangyun Master of Laws Law of Shanghai Jintiancheng (Shenzhen) Law Firm Anna Law Master Beijing Deheng (Shenzhen) Law Firm Lawyer Liao Xiang Bachelor of Laws Attorney Fu Jiangyan, Lawyer of Beijing Deheng (Shenzhen) Law Firm, Bachelor of Laws, Senior Partner of Guangdong Kuanhe Law Firm. Since this book deals with professional legal affairs in the real estate field, many of them are the result of our exploration and we need to continue to explore. The views presented in this book are inevitably immature or even wrong. In addition, since the manuscripts of these 30 cases come from the hands of different authors, in the case of a unified overall style, the writing style and language characteristics of each case may not be exactly the same, please forgive me. If the "brick of attracting jade" can attract criticism, it must be of benefit to the author and society. Therefore, I hope that readers and experts will correct it.
Li Jianhua, the editor-in-chief of the book, at the Shenzhen Bayside Residence in April 2014

Law Press decided to revise the original "Necessary Lawyer Business" series from 2006, and re-plan the new "Essential Lawyer Business Essentials" in accordance with the new practice environment, practice areas, and development needs of Chinese lawyers Books. I'm glad to hear about it. This move of the Law Press will be a concentrated summary of the outstanding practice experience of outstanding lawyers in China. The authors of the series are senior lawyers who have long been engaged in related lawyers in China. They have accumulated rich practical experience, and can spend time and energy to make a careful summary, providing very valuable practice strategies and operating guidelines. These contents are exactly what we need to know and learn in the course of the development and improvement of lawyers' business in China at present, and they will surely play a good role in promoting the professional development and practice of lawyers in China.
Yu Ning, President of All China Lawyers Association