2. "Don't bid too high when going to court. Lawyers won't remind you of this. What is the "goal"? " I think this sentence should be understood as follows:
(1) When the court's legal fees and attorney's fees are not charged by piece, but by the target amount: Of course, the higher the target amount requested in your litigation request, the higher the legal fees and attorney's fees: from the perspective of self-interest, the lawyer may "not remind you" as your colleague said; But not all of them. A lawyer who values his own quality and professional ethics may also remind him that after all, if a client wins a lawsuit for no reason but loses money, it will not have a good impact on the lawyer's career and reputation.
(2) However, the number of litigation objects is decided by the plaintiff himself, and it is not good for lawyers to get involved too much. For example, there is no clear standard for the amount of compensation for mental damage, which can be 2,000 to 3,000 or hundreds of thousands. The lawyer may remind you how much money you can support in general in the previous judgment, but if the parties think that it is impossible to make up for their mental losses without hundreds of thousands and insist on more, the lawyer has no right to stop it.
(3) Bid amount in the litigation request: You can't "bid" too much, but you can't bid too little. You should decide how much to ask for according to the situation.
If it exceeds the amount that may be supported by the court, ask for it: if it is not supported by some court decisions, the parties concerned shall bear the taxi legal fees and lawyer's fees for the excess; But if you want too little, it is lower than the actual loss: the lawyer's fee and lawyer's fee are saved, but your loss can't be completely made up, which should be a bigger loss.
For example, someone sued for 2 million yuan, but in the end the court only supported 6.5438 million yuan. Then, the legal fees of RMB 6,543.8+million shall be borne by the defendant and the lawyer's fees shall be borne by the plaintiff, but the other legal fees and lawyer's fees of RMB 6,543.8+0.9 million shall be borne by the plaintiff himself: this fee may not be as high as the RMB 6,543.8+00 that he wants back.
(4) Suggestion: The amount of the subject matter in the litigation request shall be determined by oneself according to the actual situation, and shall not be lower than the actual loss estimated by oneself, nor shall it be excessively higher than the possible situation of the judgment.
3. "Generally, developers delay to apply for real estate licenses for almost three years, so it is more appropriate to bid in a city like Nanning": It is determined by the price in your contract and the amount of liquidated damages for delaying to apply for licenses. If there is no liquidated damages stipulated in the contract, the price can be calculated with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China.
The basis is: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts" Article 18 If the buyer fails to obtain the house ownership certificate at the expiration of the following time limits due to the seller's reasons, the seller shall be liable for breach of contract unless otherwise agreed by the parties: (1) The time limit for handling the registration of house ownership as stipulated in the commercial housing sales contract; (two) the subject matter of the commercial housing sales contract is the unfinished house, 90 days from the date of delivery of the house; (3) The subject matter of the commercial housing sales contract is the completed house, which is 90 days from the date of conclusion of the contract.
If there is no liquidated damages stipulated in the contract or the amount of loss is difficult to determine, it can be calculated according to the total amount of house purchase money paid and with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China.
4. "Is the lawyer's fee generally charged in proportion or directly priced?" Look at different situations and decide for yourself.