2. The specific guidance price is formulated by each province, so the charging standards of each province are not consistent;
As for real estate disputes, there may be two kinds involved: behavior litigation and property litigation. If the action lawsuit involves the termination of the contract, it may not involve the target amount, and the fee is relatively low; If property litigation is involved, such as payment litigation, the lawyer's fee should be calculated according to the payment amount, which is relatively higher than that of behavior litigation.
Lawyers' fees are generally several thousand yuan, but there is no uniform provision in law. The average lawyer's fee is several thousand yuan.
The following standards are available for reference:
(a) does not involve property relations, the benchmark fee is 5000 yuan -30000 yuan/piece, which can be reasonably increased.
(two) involving property relations, according to the amount of the subject matter of the dispute, according to the proportion of cumulative charges:
1, 65438+ 10,000 yuan (including 65438+ 10,000 yuan), the charging ratio is 8%- 10%, and less than 5,000 yuan is charged at 5,000 yuan/piece;
2, 65438+ ten thousand yuan to 500 thousand yuan (including 500 thousand yuan) is 7%-9%;
3, 500 thousand yuan to 6.5438+0 million yuan (including 6.5438+0 million yuan) is 6%-8%;
4, 1 10,000 yuan to 5 million yuan (including 5 million yuan) is 5%-7%;
5, 5 million yuan to 1 ten thousand yuan (including 1 ten thousand yuan) is 4%-6%;
6, 65438+ RMB 0 million to RMB 20 million (including RMB 20 million) is 3%-5%;
7, 20 million yuan to 50 million yuan (including 50 million yuan) is 2%-4%;
8. More than 50 million yuan is 1%-3%.
What are the solutions to real estate disputes?
1, mediation. Mediation refers to a way that, at the application of one party, the real estate management department, consumers' associations or other organizations preside over and persuade and educate buyers and sellers to understand each other and reach a settlement agreement in accordance with the laws and policies on the sale of commercial housing, so that the purchase dispute can be resolved in time.
2. arbitration. Arbitration, also known as arbitration, means that the buyer and the seller voluntarily submit the dispute to the arbitration organ for a binding ruling in accordance with national laws, regulations and local administrative rules before or after the dispute occurs. Arbitration is not interfered by administrative organs, social organizations and individuals, and there is no subordinate relationship between the Arbitration Commission and administrative organs. Once the arbitral award is made, it has legal effect, and the arbitral award is final, and there is no question of appeal by the parties. If disputes are to be settled through arbitration, buyers and developers must have an arbitration agreement and voluntarily submit the disputes to arbitration. If one of the two parties is unwilling to submit the dispute to arbitration, then the dispute cannot be resolved in this way.
3. Administrative reconciliation. The administrative handling of house purchase disputes refers to a specific administrative act in which the real estate management authority and other departments where the commercial house is located fail to mediate or reach an agreement, and the parties go back on their word, or the parties to the house purchase dispute directly complain to the administrative department, and the administrative department handles their disputes. As far as the way is concerned, administrative reconciliation generally goes through two stages: first-level administrative decision and administrative reconsideration. Among them, the first-level administrative decision is the premise and necessary procedure of administrative reconsideration. Administrative reconsideration of real estate cases, including house purchase disputes, shall be conducted in accordance with the provisions of the Administrative Reconsideration Law.
4. Litigation settlement. Litigation settlement of house purchase disputes is a way for people's courts to solve house purchase disputes with the participation of the parties to the dispute and other litigation participants. There are two kinds of house purchase dispute litigation: civil litigation and administrative litigation. The parties in civil litigation are equal civil subjects in house purchase disputes, that is, citizens, legal persons or unincorporated organizations. Civil litigation of house purchase disputes shall be tried by the civil court of the people's court (some local people's courts have special real estate courts) in accordance with the provisions of the Civil Procedure Law.
Legal basis:
Measures for the administration of lawyers' service fees
Article 5 A law firm shall provide the following legal services in accordance with the law, and implement government-guided prices:
(1) Acting as an agent in civil litigation cases;
(2) Acting as an agent in administrative litigation cases;
(3) Acting as an agent for state compensation cases;
(four) to provide legal advice to criminal suspects in criminal cases, to represent complaints and accusations, to apply for bail pending trial, and to act as the defendant's defender, private prosecutor or agent ad litem of the victim;
(5) Acting as an agent for appeals in various litigation cases.
The fees charged by law firms for providing other legal services shall be subject to market-regulated prices.
Article 6 The benchmark price and fluctuation range of government-guided prices shall be formulated by the competent price departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the judicial administrative departments at the same level.
Article 10 Lawyers' service fees may be charged according to different service contents, such as piecework fees, fees in proportion to the bid amount, and hourly fees.
Piece rate is generally applicable to legal affairs that do not involve property relations;
Charging according to the proportion of the winning bid amount is applicable to legal affairs involving property relations;
Time charge is applicable to all legal affairs.