Advocate the rule of law and safeguard rights, relieve people's worries, and be a 'lawyer trusted by property owners'
Time:
2023-01-19
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Recently, representatives of a property owners' committee from a residential complex in Qinzhou made a special trip to Guangxi Tongwang (Qinzhou) Law Firm to present a plaque, praising lawyers Chen Yi and Zhang Jielin as "Lawyers Trusted by Owners" to express their sincere gratitude.
The specific case dates back to early 2022 when representatives of a property owners' committee from a residential complex in Qinzhou came to Guangxi Tongwang (Qinzhou) Law Firm to find lawyers Chen Yi and Zhang Jielin. They reported that since the complex was delivered in 2011, the developer had long occupied the complex's activity room, some stilt floors, and ecological parking spaces through means such as renting, selling, and self-use. For more than ten years, the owners had repeatedly reported to relevant authorities to protect their rights, but to no avail, which seriously affected the comfort of the complex's residents. After accepting the commission from the property owners' committee, lawyers Chen Yi and Zhang Jielin went to the housing and construction management department to investigate and understand the relevant situation, conducted detailed evidence collection at the complex site, and guided and assisted the property owners' committee in obtaining authorization from the owners for the lawsuit in accordance with the law. After analysis and research, they formulated a detailed litigation plan, and then filed a lawsuit with the People's Court in the name of the property owners' committee, requesting confirmation that the district activity room and some stilt floors and ecological parking spaces belonged to the complex's owners, and that the developer should stop the infringement and compensate for the economic losses of occupying the relevant public spaces for many years. After trial, the court made a judgment supporting the litigation request of the property owners' committee, and the judgment has now taken effect. The decade-long dispute over the infringement of public interests in the complex finally ended with the owners' victory.

The picture shows the owner representatives presenting a plaque.
Mr. Zhang and his wife purchased two properties in a real estate development in Beihai in early 2018, but the developer delayed the delivery of the properties for a long time. Mr. and Mrs. Zhang are engaged in the homestay industry in Beihai. Due to the impact of the epidemic, the tourism industry in Beihai has cooled down, and the homestay business run by the couple has been bleak and continuously losing money. Coupled with the monthly mortgage burden, the couple's life, who could not make ends meet, once fell into a predicament. Hearing that the developer's delayed delivery of the house could be claimed for losses, Mr. and Mrs. Zhang found lawyer Chen Yi and expressed their idea of entrusting a lawyer to sue the developer for compensation. After accepting the commission, lawyer Chen Yi retrieved the filing price of the houses involved in the case from the housing and construction department, went to the project site to understand the actual construction situation, and did on-site evidence collection. Lawyer Chen Yi, as an agent of Mr. and Mrs. Zhang, filed a lawsuit with the People's Court requesting the developer to pay liquidated damages for the delayed delivery until the actual delivery date; because the liquidated damages standard agreed in the contract was obviously too low (significantly lower than the rental standard of similar houses in the same location), which was not enough to compensate for the actual losses of the owners, the request required the liquidated damages standard to be increased. After the first and second instance trials by the court, the final judgment ordered the developer to pay Mr. and Mrs. Zhang liquidated damages for the delayed delivery, which was nearly three times higher than the standard agreed in the contract. As of the date, Mr. and Mrs. Zhang have actually received nearly 140,000 yuan in economic compensation, which has alleviated their urgent needs. Mr. and Mrs. Zhang presented lawyer Chen Yi with a banner with the inscription "Advocating the Law to Protect Rights, Solving Problems for the People, Virtuous and Talented, and Finally Accomplishing What is Entrusted", expressing their gratitude.

The picture shows the owner presenting a banner.
Since its establishment, Guangxi Tongwang Law Firm has attached great importance to the construction of a professional lawyer team in the construction project and real estate legal affairs department, and has continuously strengthened its theoretical level and practical ability. Since starting her practice, lawyer Chen Yi has been committed to the research and practice of legal issues in real estate construction projects, and has successively represented more than 300 cases involving real estate construction projects, which has been widely praised by clients. She has been awarded the honorary titles of "Guangxi Excellent Young Lawyer" and "Guangxi Excellent Lawyer" (2015-2019) by the Guangxi Lawyers Association. In 2020, lawyer Chen Yi's book "Analysis of Difficult Issues and Typical Cases in Disputes over Commercial Housing Sales Contracts" was published by Peking University Press and distributed nationwide.

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