Legal information

Article introduction: How to sign a resettlement compensation agreement after expropriation and demolition? It is very important to review these 4 items!

1. The person signing the contract is legal

In order to protect the legitimate rights and interests of business owners, when signing a demolition agreement, the other party must be the demolisher and have legal subject qualifications. Otherwise, the contract will be signed with the risk of being unable to perform the agreement because the subject is unclear and the subject lacks the ability to bear legal responsibilities.

2. After both parties agree, clarify the terms of the contract

The demolition compensation agreement is an administrative agreement, that is, an administrative contract, which is signed on the basis of equality, voluntariness, and consent of both parties. Ying Ting believes that the specific terms of the agreement must be recognized by both parties and a consensus can be reached before they can be signed. In the demolition compensation agreement, the following terms must be clarified: First, the total amount of compensation and the specific details of each compensation content. If there is a factory lease, the specific details of each compensation content are particularly important, which involves the determination of the shares of the two parties when dividing the demolition compensation in the future. Second, the time and method of payment of compensation. Third, clarify the area and specific location of resettlement houses and resettlement land, as well as the nature of the land, because the geographical location determines the location value of the land.

3. Determine the procedures for performing the contract

Some demolition projects require companies to vacate their factories before signing an agreement before they can receive compensation. However, this faces a risk. If the company vacates the factory and demolishes the factory and equipment, and then the relevant departments state that the land will not be used temporarily due to changes in the project, they will not pay compensation for the demolition. At this time, the company will suffer heavy losses. Among the cases represented by the Yingting demolition lawyer team, there is such a case. Because there is no protection from the demolition compensation agreement, even the amount of compensation cannot be determined after several years of negotiations for the losses caused by the company's self-dismantled equipment.

4. Clarify the liability for breach of contract and review whether there are any clauses in the contract that are unfavorable to us.

The Yingting Demolition Legal Department reminds you that under normal circumstances, the compensation conditions promised by the demolition party can basically be achieved. Especially the specific terms clearly stated in the compensation agreement. But be afraid of anything unexpected. If there is no relevant stipulation on liability for breach of contract in the format clause agreement provided by the demolition party, the demolished person must not sign it. Signing signifies recognition of the agreement. If you feel that the compensation is too little and regret it in the future, it will be difficult to obtain legal support.

Yingting reminds you:

When you sign the agreement, the amount of compensation you write is the amount you get in the end. When facing demolition, you must stay clear-headed and follow the content of the agreement. If you make a verbal commitment, it must be written in the demolition compensation agreement, otherwise you will definitely not sign it. Because verbal promises have no legal effect. If you have objections to resettlement compensation, 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. File a lawsuit to defend your rights within 6 months from the date the house was demolished. You can consult a land acquisition and demolition lawyer for solutions, or hire a demolition lawyer to negotiate with the government to strive for satisfactory compensation.