Commercial real estate analysis of typical disputes ? Loans Information

Commercial real estate in the main disputes arising from commercial real estate developers or property management companies andInvestmentBetween clients, asked Jiangxi business law firm Wei Liang lawyers on the commercial real estate in the course of business may encounter several typical disputes were analyzed.??The residential Deshang relates toLawProblemResidential Deshang, is located in the residential building at the bottom of commercial real estate. Mainly includes the following two forms, one is located in the floor of residential property, a belongs to residential buildings, which belongs to the ?Podium? residential building, housing, usually one to three layers, all commercial use.Operating residential Deshang, first must be clear about the housing property permits provisions of the housing purposes, the best independent state residential floors housing purposes, or for a business license will be possible to handle the situation of industrial and commercial bureau.Another problem is to deal well with the neighboring people (i.e. the relationship between residential owners). ?Property law? seventy-seventh article: ?the owners to convert a residence into business premises, in addition to complying with the laws, regulations and management rules, shall be subject to the consent of the interested owners.? ?Property law? to the above provisions to solve the residential commercial issues, in fact also for residential Deshang business license problem points to clear direction. Therefore, residential Deshang in operation, due to residential and residential parts of the close contact, special attention should be paid to the state and local regulations, deal with various aspects of the relationship.??Clear opening date and opening rate to avoid disputesFor commercial property, project opening date for the business is more important, the project opening date, and whether the whole entire practice, opening rate ratio are directly related to the profit the important aspects of the lessee. In business practice, due to both for the opening period and opening rate is not specified in the contract or the agreement is not clear cause legal disputes is the current commercial real estate legal disputes is an important part of.For this kind of disputes, shall be opened a specific date and failing business approach and developers need to assume responsibility for the breach of contract explicitly agreed; at the opening rate should be clearly agreed in the contract for the whole opening is opened; if not, then to determine the opening rate is a number, opening rate calculation of the standard is to start businesses the total business quantity or opening area occupies whole area ratio calculate property.??Exclusive right to operate security disputesIn commercial real estate operation process, due to business planning, investment business may be presented to guarantee the exclusive right to operate, in a certain range of exclusive. In this case, the contract shall have the following agreement:1 clear exclusive rights to the meaning of. In the above will name, format, business scope, explain clearly.2 clear breach of duty. If the termination of the contract, continue to perform, the competitor out, claim or request the lessor to pay a certain amount of breach of contract damages. If the lessee contract is not sure, may wish to consult a real estate professional lawyers or by lawyers accompany signing checks, to avoid unnecessary losses.??The decoration article dissensionIn commercial real estateLeaseIn the course of business, usually in accordance with the requirements for housingRenovation. The decoration issue prior agreement is unknown and caused leasing increasing disputes. The leasing of shops on both sides when signing the lease agreement, clause agreed with decoration.Decoration of the 1 range. The first should be the written consent of the lessors, clearly with the consent of the lessor decoration specific scope; secondly, the lessee in the decoration, the housing should be decoration design to obtain the lessor recognition; finally, clear the lessee violates the agreement shall bear restitution, compensation for losses, payment of liquidated damages liability.2 renovation period. Under normal circumstances, the lessor shall give the tenant must decorate deadline, the deadline should belong to the ?decoration rent-free period?. The lessee in the period in addition to pay property management fees, utilities and other costs, without paying the rent.3 decoration margin. To prevent the lessee decoration caused structural damage to houses, the lessor may require the lessee to pay a certain amount of money in advance as decoration margin.

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