Legal information

Article introduction: If you are not satisfied with the compensation conditions and the expropriating party persuades you to force you, will you sign the demolition and resettlement compensation agreement?

1. What methods are used by demolition parties to induce you to "wrongly sign a contract"?

1. Lure the people being demolished into cooperating with the demolition

When the demolition party mobilizes for demolition in the early stage, what they are best at is to trick the people being demolished into cooperating with the demolition as soon as possible. For example, verbally promise to pay more incentives than other resettlement compensation agreements, more than the original compensation, and promise to pay compensation after signing the resettlement compensation agreement. However, these commitments by the demolition party are not legally binding.

(1) The demolition party is required to write down the agreement it agrees to in the resettlement compensation agreement, and sign and seal it. At the same time, the demolished person must keep the original resettlement compensation agreement.

(2) Use audio and video recording to record the commitment of the demolition party as evidence for future protection of rights and interests. But a verbal promise is much less effective than a written agreement.

2. Use verbal threats and deception to put pressure on the demolition households.

The demolition party may emphasize the importance of the land acquisition project and say it is a policy from above. He also told the demolished households that it would be useless if they did not sign, and they would still have to be demolished in the end. Some people do not understand the law and think it is mandatory, so they sign under pressure.

3. Use coercion to force signatures.

Some people who were demolished felt very frightened after seeing various violent demolitions, illegal demolitions and other incidents in the news, and then signed a compensation agreement. Or some demolished people have been coerced by the demolition party and are afraid that their relatives will be implicated and lose their jobs. They will also have to sign and have their fingerprints pressed.

4. Do not understand that the demolition agreement is contractual in nature.

Many people do not understand that although the demolition agreement is an administrative contract, it also falls within the scope of the Civil Law and Contract Law. Both parties must reach an agreement before signing. If you are not satisfied with the compensation conditions, you can negotiate with the other party. Some people think that the demolition agreement is a mandatory policy, so they sign it in a daze without daring to bargain. By the time you understand, it's too late.

5. I’ll sign a blank agreement for you.

Blank agreements are expressly prohibited by national laws and regulations. But in practice, the demolition party sometimes makes attractive verbal promises to induce the demolished people to sign a blank agreement, and the demolished people believe it and sign their names. After the demolition party took away the agreement, they filled in content that was completely different from the verbal promise, and the amount of compensation was reduced accordingly. Only then did the demolished people suddenly realize.

6. Ask you to sign a pre-signing agreement

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! Immediately afterwards, they faced problems such as judicial forced demolition, the inability to take legal remedies, and the lack of resettlement and transition fees. Moreover, the law did not support the actual payment of various compensations and the provision of housing before the formal agreement took effect.

2. What should you do if the demolition party induces and forces you to sign an agreement?

1. Keep the original copy of the demolition compensation agreement and refuse to sign or fingerprint the blank agreement.

(1) In order to achieve the purpose of forced demolition, many administrative agencies often use various administrative routine inspections as an excuse to check and verify documents related to land and housing, such as real estate certificates and land use certificates, to collect and detain the company's certificates, thereby organizing the rights protection of the company in disguise. As this approach effectively achieved the goal of low-cost demolition by administrative agencies, it soon emerged that the agreement signed and fingerprinted by the relocated person was taken away, and the agreement was not performed or tampered with due to the need for approval from superiors or other reasons.

(2) If there is no agreement in hand, rights protection will be passive. Therefore, Ying Ting understands that the evicted people must insist on signing the agreement in person, with both parties signing and sealing it at the same time, and keeping the signed agreement with each other. The signing procedures must be standardized. If the demolition party makes you sign a blank demolition agreement under any excuse, and asks you to sign first and then take the agreement away for the leadership to review and approve, you should decisively reject it.

2. Reject verbal agreements and do not believe in any unwritten commitments.

(1) Don’t believe verbal promises easily.

People who are demolished often encounter such problems. The staff of the demolition party promised them how many houses and how much cash compensation they would give them, but in the end they were not fully cashed in and there was no evidence. Of course, only by signing a demolition compensation agreement can you have legal protection. In practice, only the signed demolition and resettlement compensation agreement is legally binding, and verbal commitments to any conditions are not guaranteed.

(2) A formal written notification is much more effective.

Relevant departments verbally shut down your company and ask you to move and vacate your house within a time limit. Without written notice, it will be ineffective. Because you don’t know whether this is a personal expression of intention or a legal act by the relevant department. The Yingting Demolition Team learned that under normal circumstances, after the land acquisition announcement and decision are issued, government departments or government functional agencies may notify enterprises to suspend production and operations in two ways. Either verbally or in writing. That is to say, directly issue an announcement requiring you to suspend production and business within a time limit; or verbally notify the company to suspend production and business. However, a formal written notification is much more effective.

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.