Lawyer's fee for real estate dispute prosecution

The charging standard of real estate lawyers is generally around several thousand yuan, which is not clearly stipulated by law. However, if the subject matter of the real estate is large, it can be charged according to a certain proportion. In specific cases, it can be dealt with legally under the circumstances stipulated by law to avoid mistakes in the application of the law.

1. What is the charging standard for real estate lawyers?

(1) Preliminary stage

Calculation proportion of disputed object (calculation base)

The part of the disputed subject matter that is less than 654.38 million yuan, 1.7%, but not less than 5,000 yuan.

2.6% of the disputed objects are more than 65438+ 10,000 yuan but less than 1 10,000 yuan.

3 5% of the disputed object is more than 6,543,800 yuan but less than 5 million yuan.

4. 3% of the disputed object is more than 5 million yuan and less than 6,543,800 yuan.

5. 1% The disputed object is more than100000 yuan but less than 50 million yuan.

6 0.5% of the disputed objects are more than 50 million yuan.

(2) The second trial stage

1 If it does not represent the first instance but only the second instance, the agency fee will be charged according to the first instance standard, and other handling fees will remain unchanged.

2. For cases that have been represented in the first instance, the agency fee is charged at half of the first instance fee, and other handling fees remain unchanged.

For cases sent back for retrial after the second trial, the agency fee is charged at half of the second trial fee, and other handling fees remain unchanged.

(3) retrial (appeal) stage

1 represents a retrial (appeal) case that does not represent the first and second instance. The agency fee is charged according to the standard of first instance, and other handling fees remain unchanged.

2 cases that have been represented in the first or second instance, the agency fee shall be charged at half of the first or second instance fee. Other handling fees remain unchanged.

(4) Arbitration case: 65438+ 0.5 times of the charging standard for civil and commercial cases of first instance.

(5) Case execution: The fees are charged according to the standards of first instance in civil and commercial cases, and those who have represented litigation or arbitration cases will be charged at half the above standards.

2. What are the real estate disputes that can be resolved through litigation?

(1) All disputes arising from civil acts such as buying and selling, leasing, pawning, building contracting (including survey, design and construction), joint venture, agency, intermediary, use, transfer and confirmation of property rights can be brought to the people's court, which is generally under the jurisdiction of the people's court where the property rights are located. The people's court will accept it as a civil case.

(two) disputes arising from the allocation of the right to use public housing within the unit, and the employees of this unit have opinions on the decision on housing allocation, which are not within the scope of court acceptance and cannot bring a lawsuit to the court; If the mortgagee (or other living relatives who should move out of the old house occupy the old house) gets a new house and occupies the old house unreasonably, the aggrieved person (including the unit and the legal mortgagee) may bring a lawsuit to the court on the grounds that the unit allocation is unreasonable.

(3) If the unit allocates the right to use the house to the employees and there is a housing allocation contract, if the employees leave or resign due to their own reasons, or if they are removed or expelled from the unit, the unit may bring a civil lawsuit to the court according to the requirements of the contract.

(four) housing disputes between units caused by administrative distribution and other reasons are not within the scope of court acceptance, and the parties concerned should apply to the relevant competent departments for settlement. The right to use the house is allocated by the administration for historical reasons. If the owner of the house wants to recover the house for his own use or the specified rent, he can bring a lawsuit to the court, which will generally accept it as a civil case.

(five) real estate disputes caused by illegal buildings, disputes caused by the identification and demolition of illegal buildings, should be accepted by administrative organs, administrative organs do not handle or improper handling according to law, if the parties are dissatisfied, they can bring a lawsuit as an administrative case. However, civil disputes such as sale, lease and mortgage, as well as neighborhood disputes caused by illegal buildings obstructing ventilation and lighting of others, can be brought to court as civil cases.

(6) Disputes arising from improper examination and approval of building permits by the relevant departments, which affect the ventilation and lighting of others, are generally settled by the plaintiff applying to the relevant departments or bringing an administrative lawsuit to the court.

(seven) cases involving the implementation of private saving policy, such as the social transformation of private saving, the real estate problems managed by relevant departments in the early days of the founding of the People's Republic of China, and the implementation of private saving policy by overseas Chinese and compatriots from Hong Kong, Macao and Taiwan. The plaintiff shall apply to the local private saving policy department or the relevant competent department for settlement. However, if the relevant departments first implement the property and then revoke it according to the private saving policy, the parties concerned may bring an administrative lawsuit to the court if they are not satisfied with the specific administrative act of revocation.

The specific lawyer fee standard of real estate disputes shall be subject to the consensus reached by both parties. If the relevant information is unclear, it can be handled in accordance with the above provisions. If you have any objection to the collection of relevant fees, you can also consult other legal affairs departments.