What Does a Real Estate Closing Attorney Do?

A real estate lawyer is a practicing lawyer whose main business is real estate legal services. The emergence of real estate lawyers is an inevitable trend of professional services for lawyers.

A real estate lawyer is a practicing lawyer whose main business is real estate legal services. The emergence of real estate lawyers is an inevitable trend of professional services for lawyers.

Chinese name

Real estate lawyer

Foreign name

Real estate lawyer

Meaning

Lawyer with a real estate law practice

Category

Occupation

Function

House sale legal business

The business scope of real estate lawyers mainly includes the following two aspects:

1.

Consultant: Provide legal advice and answer various difficult questions;

Examination of certificates: Examine whether the developer's five certificates are complete, business registration, annual inspection of licenses, and qualifications;

Sign the subscription agreement: Negotiate with the developer and assist in signing the subscription agreement;

Signing contracts: Negotiating with developers, assisting in signing main and supplementary contracts;

Pre-sale registration: For off-plan housing, assist in the registration of pre-sale contracts;

Handling loans: assisting in obtaining mortgage loans from banks;

Handle the house: Check whether the delivered house is qualified, whether there are quality problems and other breaches;

Check-in: legal procedures for check-in;

Property right transfer: assist in property right registration and apply for real estate certificate.

Bachelor degree or above in related law majors such as economic law, civil and commercial law are generally required. Passed the national unified judicial examination and obtained the lawyer's qualification certificate.

More than 2 years of relevant legal work experience in law firms, rigorous thinking, strong oral expression ability, strong logical thinking ability, thorough writing, solid legal knowledge; strong ability to analyze, process, and strain gauge to solve legal problems; Independent analysis and comprehensive judgment ability, strong organizational coordination ability and innovation ability.

Laws and regulations and judicial interpretations that real estate lawyers should master

"Constitution of People's Republic of China"

"Amendment to the Constitution of the People's Republic of China"

General Principles of the Civil Law of the People's Republic of China

Law of the People's Republic of China on Urban Real Estate Management

Land Administration Law of the People's Republic of China

Regulations for the Implementation of the Land Management Law of the People's Republic of China

Building Law of the People's Republic of China

Urban and Rural Planning Law of the People's Republic of China

Contract Law of the People's Republic of China

Ministry of Construction, State Planning Commission, State Economic and Trade Commission, Ministry of Finance, Land and Resources, State Administration for Industry and Commerce

"Regulations on Urban Real Estate Development and Management"

"Interim Regulations on the Transfer and Transfer of Urban State-owned Land Use Rights in the People's Republic of China"

"Provisions on Bidding, Auction, and Transfer of State-owned Land Use Rights"

"Interim Measures for the Administration of Foreign-invested Development and Management of Plots of Land"

Regulations on Construction Project Quality Management

"Regulations on Management of Resources for Real Estate Development Enterprises"

"Several Opinions of the Ministry of Construction on Strengthening the Quality Management of Housing Projects"

"Measures for Quality Guarantee of House Construction Engineering"

"Interim Provisions on Real Estate Advertisement Release"

Notice of the Ministry of Construction of the State Administration for Industry and Commerce on Further Strengthening the Management of Real Estate Advertisements

Reply of the Supreme People's Court on the Priority of Compensation for Construction Projects

Inheritance refers to a legal act in which the inheritance of the heir is transferred to the heir in accordance with the procedures prescribed by law.

Legacy refers to the legal property of an individual and other legal rights and interests that can be inherited by law when a citizen dies or declares his death.

An heir is a person who dies or declares dead and leaves property. Heir means a person who has the right to accept the estate as provided by law.

The right of inheritance refers to the right of the heir to the inheritance in accordance with the law. Real estate inheritance, like other inheritance inheritance, is the transfer of property rights left by the heirs into all legal acts in accordance with legal procedures.

Real estate inheritance is a statutory method of acquiring property rights and a method of acquiring ownership. Unlike other properties, houses are real property, and the law requires that they be registered with the government's real estate registration agency, and the ownership of the property rights must be checked and confirmed. The issuance of a house ownership certificate has legal effect.

Inheritance must begin after the death of the heir. The right of inheritance stipulated by law is only a right of expectation enjoyed by the heir. If the heir does not die, the inheritance relationship will not occur. . In order to realize the right of will, there must be a legal will and the death of the heir before the life of the person to be inherited, otherwise the will inheritance relationship will not occur. If the parents are alive, their real estate children cannot inherit. For some reason, it is possible for the parents to give their real estate to their children. This is called living gift, not inheritance.

The person who inherits the estate must be the legal heir of the heir. The so-called legal heir is the person who has the right to accept the inheritance according to the law, that is, the legal inheritance or the will to inherit. The right of inheritance is based on personal relationship, that is, the heir and the heir have a marriage relationship and blood relationship. Those who can be heirs can only be individual citizens, not states, legal persons and other organizations. States, legal persons and other organizations can only act as beneficiaries, not as heirs and legal heirs. People who are not dependent on the heirs and who lack the ability to work and have no source of life or who are supported by the heirs more than the heirs can be allocated an appropriate inheritance, but this is not an inheritance relationship, not based on personal relationships. Heritage.

The inheritance obtained by the heir in accordance with law must be the legal property owned by the individual prior to his or her life or other legal property rights that can be inherited according to law. Family property, husband and wife property, and partnership property cannot be inherited without division as inheritance. Property such as this must be divided after the deceased personally owns the property. All illegally acquired property does not belong to the estate and may not be inherited.

The right of inheritance is a kind of property right, the legal consequence caused by the occurrence of the inheritance relationship, and the transfer of property ownership. This method of obtaining ownership is not an agreement between the two parties, nor an equivalent exchange, but the transfer of the property of the deceased's personal possession to the heir in accordance with legal procedures.