Legal information

Article introduction: What legal risks may be incurred by signing a "pre-signed agreement" with the expropriating party? Ying Ting suggested that you should be careful when signing an agreement. If something goes wrong, you may fall into a legal trap and even not get compensation.

1. After signing the agreement, facing judicial demolition

If a "pre-signed agreement" is signed with the expropriating party before the expropriation decision is made, once this agreement comes into effect, it will have legal effect and form a relationship of rights and obligations. Then there will be a deadline to vacate and relocate the property. If the property is not moved, the expropriating party may apply to the court for judicial demolition. Ying Ting believes that in this case, after signing a pre-signed agreement but not receiving compensation, and the house was demolished, the expropriated person is very passive!

2. Even if you sign a pre-signed agreement, it will affect legal remedies.

After a formal expropriation decision is made, if others are dissatisfied with the expropriation decision, they can negotiate terms with the expropriating party and strive for more compensation. You can also apply for administrative reconsideration and initiate administrative litigation to safeguard your legitimate rights and interests. As a person who has signed a "pre-signed agreement", even if he regrets it, he cannot take legal remedies based on it. If you sign an agreement and go to court to sue, the case will usually not be filed.

3. After signing the pre-signing agreement, there is no resettlement transition fee.

Under normal circumstances, a formal resettlement compensation agreement will be signed, which will stipulate various compensation conditions, including resettlement transition fees. However, in the pre-signed agreement, there may be no agreement on the resettlement transition fee, which will cause trouble to the expropriated person. My house was demolished and I needed a temporary place to live, as well as the expenses incurred. Without the compensation of resettlement transition fee, it would be a huge loss for the expropriated people.

4. The law does not support the actual payment of various compensations and the provision of housing before the formal agreement takes effect.

In the opinion on the reconstruction of the old city, compensation will not be actually paid and housing will not be provided before the expropriation compensation agreement takes effect. Ying Ting learned that there are quite a few pre-signed expropriation agreement projects that stipulate that no compensation will be actually paid and housing will not be provided before the pre-signed compensation agreement takes effect. In other words, the agreement has come into effect, but they have not received any compensation, and there are no temporary transitional houses to live in. This legal risk is something that the person being expropriated also needs to consider.

Yingting reminds you:

If you are facing land acquisition and demolition, you must stay clear-headed and follow the agreement no matter what. If the promise can be made verbally, then it must be written in the demolition compensation agreement, otherwise it cannot be signed. Because verbal promises have no legal effect. What can you do if you have objections to resettlement compensation? According to the relevant laws and regulations of our country, the expropriated and demolished persons can file an administrative review within 60 days of receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. If you have not negotiated compensation terms with the government, you can consult a lawyer specializing in land acquisition and demolition, or ask a lawyer to intervene and negotiate with the government using professional legal knowledge to strive for fair and satisfactory compensation.