When people who are demolished call for consultation, we often ask whether the compensation agreement has been signed or not? Usually, if the demolished people have already signed it, the case will no longer be accepted. This does not mean that they can no longer defend their rights after signing. But once the demolition compensation agreement is signed, the difficulty of safeguarding rights will increase several times, but it does not mean that it cannot be litigated. Among the cases accepted by the Yingting Lawyers Group, there is such a case. Although the demolished people signed, due to illegal expropriation by the expropriating party, although the demolished people signed under forced circumstances, they still bravely took up legal weapons to defend their rights after knowing that their rights and interests were damaged.

Can I sign a pre-signed agreement for land acquisition and demolition?

The demolished people often said aggrievedly, "I don't understand. There are so many people surrounding me. How dare I not sign?" Others said that if I don't sign, they won't let the baby go to class. This baby is about to take the college entrance examination. What can we do? Others say that it is not easy for a child to get a civil service job, and not signing will affect his work! ...In short, the reason for not signing is very simple, but there are indeed hundreds of reasons for signing. And has the following situation ever happened to you?

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summary of facts

In August 2015, the municipal government issued a notice saying: In order to deeply learn from the lessons of Tianjin's particularly serious fire and explosion accidents, it carried out a large-scale inspection of production safety and hidden dangers. It was found that two houses of Yang's family had serious safety hazards such as irregular circuits, serious private connections, and poor fire resistance of the houses. In order to eliminate the hidden dangers, the town government was ordered to demolish the houses within 15 days. Subsequently, the Office of the Work Safety Committee under the municipal government issued a notice requiring the owners and tenants of the houses to move out within the specified period. Otherwise, compulsory measures will be taken if the time limit is exceeded. On the same day, town government staff measured and registered Yang’s house and attachments. On behalf of the co-owners, Yang signed the resettlement fee form for confirmation. On the same day, he also signed the resettlement compensation agreement. The agreement stipulated that 1233 A total of 2,352,410 yuan was paid for the .6 square meter house and attachments, including resettlement and transition fees. More than 1.82 million yuan was paid to Yang's account the next day. Yang's family moved, and then the house was blasted and demolished. The remaining balance was paid to Yang's account the next month.

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According to previous demolition cases, it should have been successfully resolved here, because the agreement was signed, the money was received, the people were moved, and the house was demolished. However, after the demolished people later learned about the legal procedures for expropriation and demolition and related legal knowledge, they found the compensation agreement unacceptable, so they entrusted a lawyer to file a lawsuit requesting that the house demolition compensation and resettlement agreement signed by the plaintiff and the defendant be confirmed to be invalid.

Lawyer’s point of view:

After careful understanding of the situation, our attorney believes:

1. An agreement that has been completed cannot be litigated and has no legal basis. Fulfilling obligations in accordance with the agreement does not mean fulfilling legal obligations;

2. The respondent failed to make a decision on expropriation and used safety hazards as a cover to threaten forced demolition and force the parties to sign a housing compensation agreement. This constituted a failure to perform the substantive and procedural obligations stipulated by law and a failure to perform the administrative agreement in accordance with the law;

3. The applicant’s house was expropriated in 1992. The expropriation was implemented more than 20 years later. The applicant’s house is already in a prosperous location in the city center. According to Article 12 of the “Regulations of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Cases Involving Rural Collective Land”, the applicant’s house should be compensated according to the standards for state-owned land.

Recommended reading:The land has been expropriated and demolished, and you are not satisfied with the compensation. Do you dare not sign the resettlement compensation agreement?

Item (11) of Article 12, Paragraph 1, of the Administrative Litigation Law stipulates that administrative agencies' failure to perform in accordance with the law, failure to perform in accordance with the agreement, or illegal changes, termination of government franchise agreements, land and house expropriation compensation agreements, and requests to terminate the agreement or confirm that the agreement is invalid are within the scope of administrative litigation. That is, whether the agreement has been fully performed has no direct relationship with whether there is a right to sue.

The "House Demolition and Resettlement Compensation Agreement" signed by Yang Moumou and the town government (located in the city center) is invalid and should be accepted in accordance with the above-mentioned legal provisions.

Reminder: You need to be careful when signing any agreement. You must keep a copy of the original. If you really can't keep it, take a photo. Some signatures cannot be redeemed, and even if you can redeem some, you will have to pay more.