Do you need a lawyer to sue a property company?

In litigation, lawyers can provide professional legal aid to the parties and improve the success rate of winning the case. Then, do you want to hire a lawyer for property dispute litigation? This should be decided according to the specific situation. For cases where the contract dispute is simple and clear, the evidence is sufficient, and there is no dispute in the court of litigation jurisdiction, lawyers may not be invited. However, for the writing of legal documents such as complaints and the skills of defending yourself in court, you still need to consult a professional lawyer for help and guidance. Want to know more about whether to hire a lawyer in real estate dispute litigation, let's take a look at Bian Xiao.

First, whether to hire a lawyer for property dispute litigation?

This kind of case depends on the specific situation, the contract dispute is relatively simple and clear, the evidence is sufficient, and the court of litigation jurisdiction is not controversial. However, for the writing of legal documents such as complaints and the skills of defending yourself in court, you still need to consult a professional lawyer for help and guidance.

Many common contract cases seem simple, but in fact they involve very complicated legal relations. Lawyers have some legal problems in contract disputes, and the parties who often don't understand the law may take it for granted, but judges have different views on this, and lawyers also have different views on this. It can be said that in many cases, the parties can't solve and handle it by themselves.

After a property dispute, there are the following solutions:

1, settled through negotiation

The Property Management Regulations stipulate that owners and property management companies can resolve management disputes through consultation on a voluntary and equal basis in accordance with relevant laws and regulations, management statutes and property management contracts.

2. Mediation

General mediation can be divided into three types: civil mediation, administrative mediation and judicial mediation. For example, it can be mediated by the people's mediation Committee where the property company is located.

Step 3 complain

When there is a dispute between the owner and the property management company, the owner may complain to the real estate administrative department of the local people's government at or above the county level according to the property management regulations.

4. Bring a lawsuit or submit it to an arbitration institution for arbitration.

Second, how long is the statute of limitations for property fee disputes?

The limitation of action for property fee disputes is three years, which belongs to ordinary creditor's rights and debts disputes.

The limitation period for requesting protection of civil rights from the people's court is three years. Where there are other provisions in the law, those provisions shall prevail.

The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, if more than 20 years have passed since the right was damaged, the people's court will not protect it; Under special circumstances, the people's court may decide to extend the time limit upon the application of the obligee.

Legal basis:

Article 128 of People's Republic of China (PRC) Contract Law

The parties may settle contract disputes through conciliation or mediation.

If the parties are unwilling to settle or mediate, or the settlement or mediation fails, they may apply to an arbitration institution for arbitration according to the arbitration agreement.

The parties to a foreign-related contract may apply for arbitration to an arbitration institution in China or other arbitration institutions according to the arbitration agreement. If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may bring a suit in a people's court. The parties shall perform legally effective judgments, arbitral awards and conciliation statements; Refuses to execute, the other party may request the people's court for execution.

The above is the relevant information compiled by Bian Xiao for everyone. In daily life, we should know some common legal knowledge, so that we can use legal knowledge to safeguard our rights when we need help. If you have any other questions, please go to the bureau for legal advice. We will have lawyers to give you professional advice.

Tips:

The Civil Code came into force on 202 1 1, and the Marriage Law, Inheritance Law, General Principles of Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law and General Principles of Civil Law were abolished at the same time. If it involves other issues stipulated by the civil law #

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