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Table of contents:
- 1. What is an apartment? What is an apartment dispute?
- 2. What are the common types of apartment purchase and sale disputes in Quang Nam?
- 3. What are the methods to resolve apartment purchase and sale disputes?
- 4. What does Apartment dispute resolution Lawyer do?
- 5. What are the criteria for choosing a lawyer to resolve apartment purchase and sale disputes?
- 6. Apartment dispute resolution Lawyer in Quang Nam.
Apartment purchase and sale disputes are one of the types of disputes that are highly complex and take a long time to resolve. Therefore, in practical terms, understanding the nature of apartment purchase and sale disputes, thereby being able to properly apply the law and find a solution, is not easy. Within the scope of this article, apartment dispute resolution Lawyer in Quang Nam will help clients have a deeper look at this issue.
1. What is an apartment? What is an apartment dispute?
Apartments are understood as self-contained housing units, built in apartment buildings or in apartment construction and business projects of investors for the purpose of living and doing business. In recent years, many investors have focused on developing the apartment business model with a variety of apartment types such as regular apartments, studio apartments, officetel apartments, shophouse apartments, Penthouse apartments, Duplex apartments…
Apartment purchase and sale disputes are understood as conflicts about the rights and obligations of the parties, between the buyer and the investor or the buyer and the broker..., arising from the purchase and sale of apartments.
2. What are the common types of apartment purchase and sale disputes in Quang Nam?
Below are some common disputes in general and in Quang Nam in particular related to apartment purchasing and selling:
- Disputes on apartment purchase and sale deposit contracts, apartment purchase and sale reservation contracts, apartment purchase and sale capital contribution contracts...;
- Disputes over delay in handing over the apartment, delay in payment for apartment purchase and sale according to the contract;
- Disputes over apartment quality;
- Disputes related to the issuance of Certificates of land use rights, housing ownership;
- Other disputes about warranty and maintenance of the apartment; joint ownership…
3. What are the methods to resolve apartment purchase and sale disputes?
When a dispute arises related to apartment purchase and sale, the disputing parties can choose the following methods to resolve:
3.1 Negotiation
- Negotiation is understood as a method of resolving disputes through voluntary discussion and agreement between the parties; self-arrange, resolve disagreements that arise to resolve disputes without the support or judgment of any third party.
- Negotiation is a method of dispute resolution that is encouraged by the law but is not required by the parties, except in cases where the contract stipulates that this is a method of dispute resolution that must be performed before proceeding with other disputes resolution methods such as lawsuits in court or arbitration.
3.2 Mediation
- Mediation is understood as a method of resolving disputes with the participation of a third party as a mediator to persuade and help disputing parties find a solution (a common voice) to eliminate the dispute that has arisen.
- Mediation is a method of dispute resolution that is encouraged by the law but is not required by the parties, except in cases where the contract stipulates that this is a method of dispute resolution that must be performed before proceeding with other disputes resolution methods such as lawsuits in court or arbitration.
3.3 Initiate a lawsuit in commercial arbitration
- If the contract stipulates or the parties have an arbitration agreement, one of the parties has the right to bring the dispute to arbitration to request resolution.
- Unlike a court judgment, an arbitration award has immediate legal effect and the parties do not have the right to appeal.
3.4 Initiate lawsuit in court
- In case the parties do not have an arbitration agreement or have an arbitration agreement but this agreement is unenforceable or invalid, one of the parties has the right to sue to request the court to protect their legal rights and interests.
- Unlike the arbitration award (effective immediately), the parties have the right to appeal to request a court of higher jurisdiction to re-try the case if they considered that the first-instance judgment does not guarantee their legitimate rights and interests.
4. What does Apartment dispute resolution Lawyer do?
Lawyers resolve disputes over apartment purchase and sale contracts in Quang Nam with the following main tasks:
• Consulting on legal issues related to disputes;
• Evaluating and proposing dispute resolution options;
• Preliminary researching of documents and evidence provided by the Clients;
• Consulting on negotiations between parties to resolve disputes;
• Advising on filing lawsuits with competent Arbitrations or Courts;
• Evaluating and collecting relevant documents and evidence to resolve disputes;
• Representatives participating in working with individuals, organizations and competent agencies;
• Protecting rights and interests throughout the process of dispute resolution by competent authorities.
5. What are the criteria for choosing a lawyer to resolve apartment purchase and sale disputes?
Lawyers resolve disputes over apartment purchase and sale contracts need to meet the following basic criteria:
• Be ethical and dedicated to work, for the legitimate purposes of clients;
• Have extensive knowledge and professional capacity in the fields of civil, land, housing, real estate business...;
• Have skills in presenting opinions in oral and written language;
• Have good logical thinking and legal thinking skills;
• Have skills in communicating and working with authorities as well as relevant parties;
• Have good mediation, negotiation and persuasion skills;
• Experienced in resolving disputes in arbitration and court.
6. Apartment dispute resolution Lawyer in Quang Nam.
With rich and in-depth consulting and litigation experience, lawyers resolving apartment purchase and sale disputes in Quang Nam belong to Phong & Partners Law Firm system will help clients resolve disputes efficiently. In every job, taking “Giving quality - Getting trust” as the motto, Phong & Partners is committed to bringing clients peace of mind and satisfaction when experiencing our services. If you want to find a lawyer to provide legal services to resolve apartment purchase and sale disputes in Quang Nam, Phong & Partners always accompanies you, confidently providing Clients with professional and reputable legal services.
Clients can learn more about Lawyers resolving apartment purchase and sale disputes at PHONG & PARTNERS LAW FIRM SYSTEM according to the information below:
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PHONG & PARTNERS LAW FIRM
Phong & Partners Lawyer in Da Nang City
1. Phong & Partners Law Firm in Hai Chau - Thanh Khe
Address: 6th floor, Thanh Loi Building, 249 Nguyen Van Linh, Thanh Khe district, Da Nang.
Phone: 02363 822 678 - 0905 102 425
2. Phong & Partners Law Firm in Son Tra
Address: 01 Dong Giang, Son Tra district, Da Nang.
Phone: 0905 205 624
3. Phong & Partners Law Firm in Lien Chieu
Address: 21 Truong Van Da, Lien Chieu District, Da Nang.
Phone: 0961 283 093
4. Phong & Partners Law Firm in Ngu Hanh Son
Address: 03 Chu Cam Phong, Ngu Hanh Son District, Da Nang.
Phone: 0905 579 269
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Address: 346 Cach Mang Thang Tam, Cam Le District, Da Nang.
Phone: 0901 955 099
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