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Living in China, You Need a Chinese Lawyer

Living in China, You Need a Chinese Lawyer 

This is the case that I faced during my attorney practice, for the secret of the person, I do not use the true name of the person. I shall say that most of Chinese people are good, but there also has very small bad person. This is truth in all over the world.

There was a German, came into China for job. The Chinese company provided good salary and environment for the German. And he met a bus driver, and the driver was good, from appearance, and at beginning. Time was past, German man become good friend with the taxi driver. And the German thought China was good place, and he wanted to live in China permanently, and he wanted to buy apartment to live. According to China law, he had the legal right to buy the real estate in China. That is no problem.

When the driver learned about this, he told the German, that foreigner has no right to buy real estate in china. And the German believe his words. And he gave the money to driver, and the driver bought the house. Then driver bought car, also using same method.  One day, there were disputes between two people, they broke up. And driver said that the apartment and car were belonging to himself. The German was very angry, then went to foreign embassy for help, the embassy told him to seek help from local government, and then the police bureau, after so many process, and experienced hard process, at last, no result.

Then he went to my law firm ask for help. I told him, I feel very pity for he experienced. As attorney I shall analyze the case from the evidences. And if you want to solve this matter in court, you shall present evidences for the judge. I asked him, what evidence did you have? He told me that his bank card was hold by the driver, and driver could withdraw money from the card. And he had the picture showing he lived in the apartment. And his friends can testify that he lived in this apartment.

I told him that in Chinese court, if you want to certify that the real estate belong to you, you should present evidence such as purchase contract, and certificate of real estate from real estate government. In this case, you have none of these documents. And if you want to claim drive for compensation, you shall present the evidence certifying that you had lent money to driver, such as bank transfer documents, or receipt. In china, anyone can draw money form the card, if he knows the passwords. So, this could not prove that all the money withdraw by this driver, furthermore, this could not prove that the real estate was purchase by using these money. And, living in this house does not mean this house belonging to you. House renter also can live in house.

I shall say this German does not know the law, the common and basic knowledge of law. If he consulted with Chinese attorney what he intention from the beginning, certainly, attorney fee would not cost much, he can afford it, and such ridiculous thing will never happen. Now the world is becoming small, there are many people want to live in foreign countries, especially China, there are many opportunities in here, but the risks are also exist at the same time. So find attorney before you go abroad.

 

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