Legal information

Introduction to the article: What should I do if the expropriating party uses coercion and inducement to force the demolition households to sign, but refuses to receive the assessment report and does not pay the relocation incentive fee?

1. After receiving the evaluation report, do you have to sign and fingerprint it? Is it the result of the accreditation assessment report? Or do you recognize the resettlement compensation conditions? Is this reasonable?

1. A friend from a demolition household consulted Ying Ting: The expropriating party threatened and induced us to sign. If we did not receive the evaluation report after the evaluation, we would be issued a notice not to give us relocation incentives. Most people are not satisfied with the evaluation report, but is it okay not to receive the evaluation report? When you receive it, you will be asked to fingerprint and sign. The demolition office said it didn't matter if I took my fingerprint to get the assessment report. It was just to prove that I had received the assessment report. But we were afraid that it was a trap and that they were trying to induce us to sign the resettlement compensation agreement.

2. Ying Ting’s answer: Regarding this issue, there are two situations: signing and fingerprinting. The first is the resettlement compensation agreement. If you are not satisfied with the resettlement compensation conditions, do not sign or fingerprint the resettlement compensation agreement. Once signed, it legally indicates acceptance of the compensation conditions, and one cannot go back on it in the future. The second type is the evaluation report. Before signing or fingerprinting, first of all, you must acknowledge the results of the evaluation report, and secondly, you must see whether it is an evaluation report. According to relevant legal provisions, those who are dissatisfied with the evaluation agency and evaluation report can raise objections, apply for evaluation review, or ask a lawyer to intervene in negotiations or apply for a change of evaluation agency or re-evaluation.

2. What should I do if I am not satisfied with the evaluation report?

1. You can directly refuse to accept the evaluation report.

(1) Check whether you have real estate appraisal qualifications. Only those with Level 2 or above qualifications and within the validity period can serve as a collection and appraisal agency.

(2) Check whether it is an evaluation agency selected in consultation with the government or in accordance with legal procedures. Ying Ting believes that if the above conditions are not met, the evaluation report results can be directly rejected.

2. The time limit for raising objections if you are not satisfied with the evaluation report.

The "Regulations on the Expropriation and Compensation of Houses on State-Owned Land" clearly stipulates that expropriated persons have the right to express objections, apply for review, and appraisal. Generally, special instructions will be listed at the end of the evaluation report, including the objection period specified by the evaluation agency. If you plan to raise an objection to the assessment or apply for review, try to submit it within the specified time limit.

3. How to file an appraisal objection?

(1) It is best to submit it in writing.

Assessment objections raised in writing are more effective and more formal than oral objections. It is helpful to establish communication and provide a basis for adjusting the evaluation report in the future. It is necessary to grasp the key principle issues and let the government and evaluation agencies pay enough attention when they receive the objection letter!

(2) Objections to valuation should be based on professional legal knowledge rather than valuation based on feelings.

Objections to the assessment should have a legal basis. After the expropriated person obtains the evaluation report, if he is not satisfied with the evaluation report, he should raise an objection through the corresponding channels as soon as possible.

4. If you have any objection to the evaluation report, you should apply for review in a timely manner

If the demolished persons have objections to the assessment report, they should apply for review in a timely manner, or they can ask a lawyer to intervene in the assessment process and negotiations.

(1) The validity period of the evaluation report application ≠ the validity period of the evaluation report. Yingting Demolition Group believes that the "validity period of the application shall not exceed one year from the date of issuance of the valuation report" in the valuation report must not be interpreted as "the validity period of the valuation report is one year." The demolished persons must apply for review within 10 days of receiving the assessment report. If you are not satisfied with the review results, you can consult a lawyer who has in-depth research on enterprise demolition evaluation and adopt appropriate methods to safeguard the legitimate rights and interests of the enterprise.

(2) The demolished person can ask a professional demolition lawyer to intervene in the evaluation. Both parties will bring evaluators from the evaluation agency to negotiate on the details of the evaluation, the evaluation results and the amount of compensation. With the professional knowledge, professional experience and negotiation skills of lawyers, we can obtain the compensation they deserve for the demolished people.

Yingting reminds you:

If the demolished persons have objections to the assessment report, they have the following ways to safeguard their rights and interests. The first step is to apply to the real estate price assessment agency for review and assessment in a timely manner. Step 2: If you are not satisfied with the above results, apply to the expert committee for appraisal of the location of the expropriated house for appraisal. Step 3: If you are still dissatisfied, you can apply for administrative reconsideration or file an administrative lawsuit. You can also ask a lawyer to intervene in the evaluation process and participate in negotiations.