Legal information

Article introduction: Has the demolition party given you the original copy of the "Land Acquisition, Demolition and Resettlement Compensation Agreement"? Don't believe verbal promises easily! Not only must the signed compensation agreement prevail, but the original resettlement compensation agreement must also be requested. I just signed and fingerprinted the demolition compensation agreement, but did not fill in the content. Is the demolition party’s oral promise credible?

1. Are verbal promises credible?

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. Is a formal written notice effective?

There is no doubt about it! 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. Ying Ting believes 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. We need to distinguish between oral notification and written notification, because the effects produced by the two forms are different. A formal written notification is much more powerful as evidence.

3. Can I sign the blank agreement?

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, thus organizing the rights protection of companies in disguise. The Yingting Demolition Group learned that as this approach effectively achieved the goal of low-cost demolition by administrative agencies, there was also the practice of taking away the agreement signed and fingerprinted by the relocated person, failing to perform or tampering with the agreement for the purpose of requiring approval from superior leaders or for other reasons.

4. What are the benefits of keeping the original resettlement compensation agreement?

Therefore, the relocated 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 pretext, and asks you to sign first and then take the agreement away for the leadership to review and approve, you should decisively refuse.

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.