According to the case: The lawyer's fee is also losses in the supplementary clause of the purchase contract.

Ms. Wang once bought a house in China Railway Expo City in the West Coast New District, but because of the problem of water leakage, the development of the developer Qingdao China Railway West Coast Investment Development Co., Ltd. (hereinafter referred to as the "China Railway Expo City") two lawsuits. For the first time, Ms. Wang asked the China Railway Expo City to bear the losses caused by the leakage of the house, and the second time was for the lawyer fee of the first case. Xinwang (Hotline 0532-80889431) learned that few plaintiffs were included in the lawsuit request, but Ms. Wang did this because in the supplementary clause signed with the China Railway Expo City, it was clearly explicitly a lawyer will be clearly expressed by the lawyer to the lawyer. Fei is incorporated into the loss.

After the house leaks the rain and sue the developer, the lawyer's fee is sued to court again

For a house, Ms. Wang had two lawsuits with the developer Qingdao China Railway West Coast Investment Development Co., Ltd..

In November 2017, Ms. Wang purchased a fixed decoration apartment in China Railway Expo City, but when she was notified, she found that the new house was leaking. Water damage, this problem also seriously affected Ms. Wang's progress in the new house. In order to solve the problem of water leakage, developers have come to repair, and Ms. Wang also invited someone to repair it himself, but until the two parties were in charge of the book, whether the water leaking house was completely repaired was still unknown.

Ms. Wang believes that the loss of her unable to check in due to the leakage of the house should be borne by the developer, requiring the China Railway Expo City to compensate 122,400 yuan in accordance with the rent standards of the same type of houses in the same area, and also compensate the house maintenance fee of 2485 yuan. When hearing this case, the Huangdao District People's Court believed that there were indeed quality flaws such as water leakage delivered by the houses delivered by China Railway Expo City. 27,000 yuan.

In order to fight a lawsuit with the developer, Ms. Wang hired a lawyer and agreed to the agency authority that specially authorized, and the lawyer fee should be paid at 30%of the return amount. In Ms. Wang's opinion, the cause of this lawyer's fee is that there are problems with the houses delivered by the China Railway Expo City, so it is necessary to be regarded as her own loss and should be borne by the developer. As a result, after the lawsuit of the quality of houses with China Railway Expo City, Ms. Wang once again reported the developer to court, asking the China Railway Expo City to bear more than 8,000 yuan of lawyer fees.

There are agreed lawyers' fees in the supplementary clause of the purchase contract.

In most of the lawsuit requests, most plaintiffs will advocate the defendant to bear the litigation costs, and in order to perform lawsuits alone for lawyers' fees, this situation is rare. However, this requirement for Ms. Wang is also a cause, because the supplementary clauses of the "Qingdao Commercial House pre -sale contract" signed with the China Railway Expo City have such an agreement: "Losses include direct losses, indirect losses, and lawsuits to achieve claims. Fees, preservation fees, announcement fees, mailing fees, investigation fees, lawyers' fees, etc. "

However, the China Railway Expo City believes that the contract does not clearly agreed to the plaintiff's lawyer fee, and even if the developer should pay the lawyer fee, the amount should be referred to the previous case of the previous case, not all the developers shall bear the lawyer's fee.

The case of the Huangdao District People's Court considers that the purchase contract signed by Ms. Wang and the China Railway Expo City is legal and valid. The supplementary agreement clarified that the lawyer's fee is also the loss of the owner's party. The developer should be borne by the developer. This agreement shall be fulfilled by both parties. However, in terms of the specific amount, Ms. Wang’s lawsuit is borne by all lawyers' fees by the China Railway Expo City, but according to the division of the responsibilities of the two parties in related cases, the lawyer's fee should be divided. Ms. Wang paid a lawyer fee of 4,450 yuan.

Lawyers remind: In some cases, the lawyer's fee shall be borne by the loser

In response to the lawyer's payment party, Xinwang consulted Lawyer Gao Yupeng, Chenggong Law Firm, Shandong. Lawyer Gao said that the cost of entrusting lawyers for civil and business cases is generally borne by the parties.

"Lawyers hire a lawyer, who hires a lawyer who gets money? This is a traditional approach, but there are two types of cases that the loser bears the lawyer's fee." Lawyer Gao reminded that during the lawsuit Lawyers' fees need to have the right to request the right to request. The first category is that both parties or multiple parties have clear agreement, that is, the parties have reached a clear intention on the subject of the lawyer's fees, and there is a clear contract basis, and the mandatory provisions of laws and regulations are not violated. The classes are clearly stipulated in the law, that is, the relevant laws are clearly stipulated on the subject of the lawyer's fees, such as the infringement case of the indictment of the infringement subject, the claimer exercises the right to revoke, there are false lawsuits, and malicious lawsuit cases.

Lawyer Gao said that in general, if there is neither a clear contract agreement nor a clear legal provision, the litigation request that the lawyer's fee shall be raised during the lawsuit will be rejected by the court. (Text/Xinwang Trainee Reporter Wang Ziyang)

- END -