Chapter 195: Either Return Double, or Go Inside, the Choice is Yours
Lv Ziyang truly didn't understand. In his view, getting the deposit back was already the best possible outcome. What else could there be?
"No, Director Tang, what else could there be? Isn't it about suing to get the deposit back?"
Upon hearing this, Old Tang said, "Getting the deposit back isn't that difficult, really; the key is to do the preparatory work well. But I have a question, are you sure you can afford my attorney fees?"
"For this case, if I charge according to my standard rates, it would be at least seventy or eighty thousand, you know, because it's not easy to handle."
Indeed, it was not easy to handle. The path Old Tang was going to take was to start from the angle of false advertising.
Then the question arose—such an approach was so obvious that even a legal layman could see it. So why hadn't Wang Dengfeng taken it? Simple, because after investigating, he found it was a difficult path to tread.
How many developers engage in false advertising nowadays? Quite a lot, actually.
But then, out of so many developers in the country, how many have you seen get penalized for false advertising? Not many.
Always remember, the court deals with evidence and facts, not what we believe to be the facts.
The salesperson may have spoken big words, but you can't be recording everything all the time. Ultimately, what is the standard? Of course, it's the contract.
This is the same in any significant sales industry, like insurance, even with the "double recording" now in place.
Lv Ziyang's family all looked dumbfounded. The fees charged by their old classmate were double those of Lawyer Wang.
In fact, Lv Ziyang didn't know that for Old Tang, quoting seventy or eighty thousand was because he was an old classmate. If it were in his past life, Old Tang wouldn't even look at such cases.
The other party's legal affairs expert was clearly experienced, and such pros don't leave obvious loopholes in a contract.
So to achieve the goal, a lot of work would be necessary.
"No, Director Tang, our family really can't come up with that much money right now, but we truly didn't expect you to fight the lawsuit for free," explained Lv Ziyang's wife hurriedly.
She was worried that Tang Fangjing might misunderstand, as there were too many people these days who took advantage of schoolmate relationships to ask for favors.
Seeing the continuous explanations from the other party and the distressed looks on everyone's faces, Old Tang suddenly said with a smile, "Don't look so sour, I was just joking. If Wang Dengfeng can offer you risk representation, it's fine for me too. How about 5%? What do you think?"
This classmate, although they hadn't talked much before, was one of those particularly honest people. Most coders are like that, relying on their skills to make a living.
So since they came asking for help, and if he could help, he would. It wasn't about showing off in front of a classmate. For Old Tang, it was just something to do when possible.
Otherwise, the situation of a couple who emptied six wallets to buy a house that ended up unfinished, with a mortgage they still had to pay, was truly a predicament beyond words.
Of course, the most important thing was that the system panel had finally reacted!
"Mission Objective": Educate the unscrupulous developer using legal means.
"Mission Reward": Completion degree...
The reward for the last mission hadn't been issued yet. There was no helping it; from investigation to judicial review, prosecution, and then to sentencing, it had to go through a certain amount of time.
But it should be soon, the last time he inquired, it was already at the prosecution review stage. He just didn't know how long the sentence would be.
So now that the mission had appeared, he definitely had to do it well!
Upon hearing this, Lv Ziyang immediately breathed a sigh of relief: "No problem, Director Tang, thank you, thank you..." Stay connected with My Virtual Library Empire
"It's nothing, just a reminder for you. In the current environment, buy a resale property, don't go for presale properties anymore. The waters are too deep, and it's not worth the gamble," Tang Fangjing advised.
"Also, Brother Lv, I don't know if you've watched my videos before, but I like to speak plainly. If you hire me for a case, how to proceed is up to my call!"
"After I get involved, the other side will definitely contact you, begging you to cancel the purchase agreement and then refund the deposit. At that time, you cannot agree. If you do agree, then the attorney fees won't be based on risk representation. Understand?"
For a moment, Lv Ziyang felt his old classmate was being ridiculous. It was clear that developers would absolutely not refund the money, and yet he was saying they would beg to refund it?
But then, remembering it was Tang Fangjing, Lv Ziyang quickly nodded: "No problem."
Old Tang immediately called out, "Qingqing, prepare the contract."
The contract was soon signed, and the Lv family left with a thousand thanks.
Old Tang, holding the previous court decision, came to the window. Thinking that just refunding the deposit would be enough after consumer fraud — what a joke.
It's not that he, Tang Fangjing, is that great, it's just that these things are unfair. Forget the law, no matter what, it's still unfair!
Why? In other types of consumer transactions, try committing consumer fraud and see. You'd fall under the "Consumer Rights Protection Law," which allows for a remedy of "return one, compensate three."
But not commercial housing. No matter what the developers do, they're not subject to the Consumer Rights Protection Law.
Although it's not expressly stipulated, judgments from courts across the country reflect this point: commercial housing transactions do not apply the "return one, compensate three" remedy.
This is because in the realm of commercial housing, there's the "Supreme People's Court Interpretation on Several Issues Concerning the Application of Law in the Trial of Cases of Dispute over Sales Contracts of Commercial Houses." The courts think that the Interpretation should be applied.
Previously, within the "Interpretation," there was a provision on punitive damages with a "return one, pay one" clause, similar to situations like double-selling a property or not obtaining a pre-sale permit, where "return one, pay one" could be applied.
However, in the revised "Interpretation" of 21 years, the "return one, pay one" clause was deleted...