Sign a resettlement compensation agreement, these common mistakes are you all clear topic import lawyer to talk about the topic summary

<h1 class="pgc-h-arrow-right" data-track="1" > topic import</h1>

The demolition compensation and resettlement agreement is an agreement concluded between the demolition person, the demolished person and the housing lessee to clarify the relationship between the rights and obligations in the housing demolition compensation and resettlement, and it is a contract stipulating the civil rights and obligations between the parties to the demolition. As the saying goes, "He who walks a hundred miles is half ninety". The resettlement compensation agreement stipulates the method of compensation and resettlement, the standard of resettlement, etc., and must be cautious when signing. So, what are the common mistakes made when signing a resettlement compensation agreement?

<h1 class="pgc-h-arrow-right" data-track="20" > lawyers</h1>

First, sign an oral agreement

In this case, the general demolition person and the demolished person have known or known each other, so the demolished person believes in the verbal agreement of resettlement compensation based on their relationship with each other, but the demolished person agrees to the demolition but does not see the compensation or the compensation is not in place. In this regard, the lawyer reminded everyone that the oral compensation agreement has no legal effect and must not be gullible, and only a paper compensation and resettlement agreement can play a legal role and safeguard the legitimate rights and interests of the demolished person.

Second, it is not possible to sign on a blank piece of paper without content

In this case, it is generally that the demolition person and the demolished person have reached an agreement on the content of the compensation agreement, and only sign the paper version of the compensation and resettlement agreement, but the demolition person tells you that you can sign the blank agreement first, and the content of the agreement can be recorded according to the agreed later stage by the expropriation of the house, and then the demolished person believes that it is true, signs on the blank agreement, giving the demolition person the opportunity to write the content of the agreement at will, so that the actual paper version of the agreement content is very different from the original oral agreement. Lay the groundwork for getting the compensation you deserve later.

Third, the content of the agreement and the agreement on liability for breach of contract are unclear

The content of the compensation agreement includes: the nature of the house, the construction area, the compensation method, the compensation standard, the compensation period, the liability for breach of contract, etc., and before signing the contract, it must be clear whether the specific content of the agreement has been specified in the agreement, whether it meets the legal requirements and the expectations of the demolished person. In addition, it is necessary to pay special attention to the date of compensation, the eligibility criteria for compensation, etc., and specifically stipulate the calculation method of the amount of compensation for losses.

Fourth, the subject of the contract is a certain person or a certain company

The demolition party is generally the housing expropriation department determined by the municipal and county people's governments, so it should also be the department that signs a compensation agreement with the demolished person. A company or individual does not have the right to sign a resettlement compensation agreement with the demolished person, and generally does not have the ability to perform the relevant obligations of the demolition person stipulated in the agreement. Therefore, before the demolished person signs the resettlement compensation agreement, he must make sure that the signatory party is reasonable and legal, so as to avoid not getting the resettlement compensation after the agreement is signed, and finally end up with a house and money.

Fifth, the signed compensation agreement did not leave a bottom

In this case, generally after the completion of the signature of the demolished person, the demolition person accepts the compensation agreement on the grounds that it needs to take away the seal and return it later, but after the agreement is taken away, it is delayed to reply, and the demolished person may think that the content of the compensation agreement has been agreed upon, and it is not important whether the compensation agreement is returned. This kind of thinking is very wrong, just think, in case the compensation does not meet the standard, the demolished person wants to protect his rights, what is the basis for safeguarding his rights? What are the criteria for judging that compensation does not meet the standard? In the end, because of his own temporary negligence, he lost the olive branch extended by the law to the vast number of demolished people, leaving only regret.

Of course, the compensation is too low to sign, I believe that this mistake is generally not committed, so I will not repeat it here.

<h1 class="pgc-h-arrow-right" data-track="21" > topic summary</h1>

The above are the five mistakes that lawyers have summed up in combination with practical experience about the common mistakes made in resettlement compensation agreements, and I hope that everyone will carefully consider when signing the agreement, strictly control them, firmly grasp their own rights, take precautions, and prepare for the rights protection that may occur later. In addition, when encountering legal disputes, do not blindly sue or adopt other legal means, and must consult lawyers in a timely manner to ensure that the methods of rights protection and the timing of rights protection meet the requirements of the law, and avoid wrong operations that bring difficulties to lawyers in handling cases in the later stage.

(Author Geng Xia, Trainee Lawyer)