1. What are the provisions on the limitation of action for real estate disputes?
(1) General statute of limitations: it refers to the statute of limitations unless other laws have special provisions. Generally, the limitation of action stipulated in Article 188 of the Civil Code is three years, and the people's court will not accept it after the expiration of three years from the date when the obligee knows or should know that his rights have been infringed.
(2) Special prescription: refers to the situation of "delaying or refusing to pay rent" as stipulated in Item 3 of Article 188 of the Civil Code. If the limitation of action is one year, the people's court will not accept it.
(3) Maximum prescription: It means that Article 188 of the Civil Law stipulates that "20 years have passed since the date of infringement of rights", and the people's court will not accept it. In other words, the obligee does not know or should not know that his rights have been infringed, but should also request the people's court for protection within 20 years. If it has been more than 20 years, the people's court will not protect it.
To sum up, the general statute of limitations and the special statute of limitations are calculated from the date when the obligee knows or should know that his rights have been infringed, and the longest statute of limitations is calculated from the date when his rights have been infringed. For example, as stipulated in Article 188 of the Civil Code, the time limit for bringing a lawsuit for disputes over inheritance rights is two years, counting from the date when the heir knows or should know that his rights have been infringed. However, if more than 20 years have passed since the beginning of the succession, no lawsuit may be brought.
(4) For administrative real estate disputes that have undergone administrative reconsideration, the limitation of action is fifteen days, counting from the date of receiving the reconsideration decision; for real estate disputes that have not undergone administrative reconsideration, the limitation of action is three months, counting from the date of knowing the specific administrative reconsideration.
(five) the limitation of action for administrative punishment is thirty days. For example, Article 52 of the Land Management Law stipulates that anyone who refuses to accept the administrative punishment may bring a lawsuit to the people's court within 30 days from the date of receiving the punishment decision. However, if the administrative organ that made the specific administrative punishment did not inform the parties of their litigation rights or the time limit for prosecution, and the parties brought a lawsuit to the people's court within the time limit, the time limit for litigation can be calculated from the time when the parties actually know the litigation rights or the time limit for prosecution according to the provisions of Article 35 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the Administrative Procedure Law (Trial), and the time limit is one year. If it exceeds one year, the people's court will not accept it.
Two, the facts and reasons on which the real estate dispute prosecution request is based.
When writing an indictment, it is necessary to write clearly the facts of litigation events and the main focus of disputes, as well as the legal and regulatory basis supporting their litigation in these factual disputes. For example, at present, the disputes over the sale of commercial housing mainly focus on several problems, such as the developer's delay in handing over the house, the large discrepancy between the marked area and the measured area in the housing contract, and the inconsistency between the building quality and decoration standards and those indicated in the contract. If a lawsuit is brought against the seller for these reasons, when filling in the indictment, the time and place of signing the contract, the contents of relevant clauses in the contract and the reasons for the defendant's breach of contract should be clearly stated, and which legal provision the defendant violated should be indicated.
3. What is the lawyer's charging standard for real estate disputes in Baoshan?
(1) Time-based charging standard: 200-3000 yuan/hour.
(2) Charge by piece:
On the basis of collecting the basic fee of 1 1,000-8,000 yuan, the fee shall be calculated according to the amount of the disputed subject matter.
Less than 50,000 yuan (including 50,000 yuan): free.
50,000-65,438+10,000 yuan (including 65,438+10,000 yuan): 8%
65438+ million-500,000 yuan (including 500,000 yuan): 5%
500,000-6,543.8+0,000 yuan (including 6,543.8+0,000 yuan): 4%
1 10,000-5 million yuan (including 5 million yuan): 3%
5 million yuan-10/00000 yuan (including100000 yuan): 2%
100000-50 million yuan (including 50 million yuan): 1%
More than 50 million yuan: 0.5%
(3) Description of expenses:
The charging standard above 1. is allowed to float up and down by 20%.
2. The above-mentioned charging standards and proportions are the charging standards for trial-level litigation cases or arbitration cases. Those who represent the second instance instead of the first instance will be charged according to the standard of the first instance; Those who have acted as agents for the second trial after the first trial, or have been sent back for retrial, retrial application or retrial case after the first trial or the second trial, shall be charged according to half of the standards of the first trial; In cases involving arbitration, if you have acted as an agent for arbitration, the fee will be halved according to the arbitration standard in the first or second trial stage of litigation. The execution of a case is charged at a trial level.
Limitation of action for real estate disputes
The general limitation of action for real estate disputes is two years, and the limitation of action for delaying payment, late payment and refusal to pay rent is one year, and the longest limitation of action is twenty years. In the last six months of the limitation period, if it is really not due to the fault of the plaintiff, but due to force majeure or other obstacles, the calculation of the limitation period shall be suspended and the calculation of the limitation period shall continue from the date when the obstacle is removed. Within 90 days after the commercial house is delivered for use, the developer must assist the owner to handle the real estate license, otherwise he will be liable for breach of contract.
Legal objectivity:
People's Republic of China (PRC) Civil Code
Article 188
The limitation period for requesting protection of civil rights from the people's court is three years. Where there are other provisions in the law, those provisions shall prevail. The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.
People's Republic of China (PRC) Civil Code
Article 196
The following claims are not subject to limitation:
(a) request to stop the infringement, remove obstacles and eliminate dangers;
(two) the real estate right holder or the registered movable property right holder requests the return of the property;
(3) Requesting to pay alimony, alimony or alimony;
(4) Other claims for which the limitation of action is not applicable according to law.