China Real Estate

China’s inflation slides to 5-year low

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Low Inflation Rate

According to the National Bureau of Statistics, China’s inflation rate slides to 5-year lowest in September.

Meanwhile, the producer price index, a measure of inflation at the factory gate, fell 1.8 percent last month, after slipping 1.2 percent in August. In this month, the consumer price index increased only 1.6% year-on-year, which…

What if your real property in China is sold by an unauthorized person?

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It happens not only in China. There seem to be property scam all over the world, click here and here.

A recent case intrigues me a lot.

Facts: an old Shanghai lady who become an American citizen back in 1990s left her apartment in down town area of Shanghai to her niece for use and care. Recently when she came back to Shanghai, she found that her apartment was now owned…

Allocated land use right issue in purchasing properties in French Concession Area in Shanghai

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This is actually a summary written to one of my clients who is selling his house in the French Concession Area in Shanghai. One of his prospective buyers raised a good question regarding the land use right after reviewing the title deed of the house. Unlike other new apartments, my client’s title deed of his house does not specify a 70 year period of land use…

Can the landlord enforce a lease contract under Chinese laws?

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Leasing is a commonplace type of real estate deals in the market. There are many kinds of leases, apartment lease, factory lease and office lease etc.  Serviced offices are regarded as a type of lease with special features.

Landlords always have the same headaches of tenants terminating the lease prematurely. For serviced office providers, this headache…

Is it a good time to buy property in Shanghai China?

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You may say it is crazy to buy Chinese properties esp those first-tiered cities like Shanghai, Beijing, where the expectation of price drop just seems to take hold.  Probably people should wait for some time before the market gets clear where it will be going.

Not everybody has that patience.

According to a Wall Street Journal article “China buzzards

Property Title dispute in China: should I take the action to quiet title?

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As a relatively young country with the concept of rule of law, China has a long way to go before building itself into a ripe rule of law state. In the fundamental field of property laws, there are too many controversies over many legal issues that may well vex a smart mind.

A young colleague in our firm discussed his case with me. It is an interesting situation: a piece…

Sell China property: your spouse matters a lot sometimes

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In advising a client in selling his property outside of Shanghai, I was annoyed by local practice that seems so stupid.

I have sold quite a few properties here in Shanghai on behalf of foreign clients over the years. In Shanghai, things can be simple  and straightforward. For example, when a person is registered as a single owner on a title deed of a property, he…

Can I sell your property without your consent?

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This is a stupid question indeed. But it is not a chitchat here on this blawg.

I.  Judicial Change from Denial to Affirmation of Validity of Unauthorized Disposal Contract

In the not-long past, if anyone (even if your spouse, parents, co-owner) sells your property without your consent, the legal outcome is outright:  the contract underlying the sale is void…

Be wary, Landlords: who are your tenants?

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As a professional serviced office provider, TEC and other similar operators deal with various kinds of tenants: domestic companies, individuals, and foreign companies. Very often, who signs on the lease contract matters a lot to such “professional landlords“.

Here are some typical situations that shall be given special attention to by those…

Sell Chinese properties: what to do with the mortgage loan?

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Though you may think otherwise of Shanghai property market, many people are starting losing confidence and thus selling their properties in China. The biggest sale is made by Asia No. 1 tycoon from Hong Kong, Li Ka Shing. He has sold several properties in Shanghai, indicating that he sensed a turning point to be coming soon.

But for individual foreign property…

Lock your tenants out? Right of defense for delaying performance of contractual obligation

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As the external legal counsel for The Executive Center in Shanghai, the leading premium serviced office provider in Asia, a slew of legal questions have been put forward before me. Some of the issues are interesting and worth a post here.

As a serviced office provider, or landlord, the number one headache is delay or refusal by tenants in paying the rent for the…

the hardest nut: land reform, pending China all-important party plenary meeting in November

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Two months away from the third plenary session of CCP central committee, according to HK Economic Times, as a critical part of the overall reforms much expected and longed for, reforms in regard of Chinese land regime has still been in dispute among the top echelon people in China Community Party.

It is no surprise to me at all. It is likely that the inability to …

Rural land issues amid China urbanization ambition,a brief summary of China Urbanization Summit Forum

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During the two days from August 31 to September 1, the Summit Forum for China Urbanization was held in Xiamen, eastern coastal city in Fujian province, China. The summit was in part sponsored  by Dacheng Law Offices. As a lawyer at the law firm, I attended the summit forum, and also submitted a paper analyzing some legal issues related to transfer and conveyance…

land use right as contribution in kind in incorporating Chinese companies

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Land use right in China is regarded as a form of real estate. In practice, land use right can be used as contribution in kind in capitalizing a company in China. China Company Law says in its Article 27 that upon incorporating a company, an investor can use cash, intellectual property, land use right etc. that can be valuated and transferred as contribution in capitalizing…

Allocated lands in China: a gold mine for the few people

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Allocated lands in China refers to those lands that are assigned to their users for free or in other words without charging the land grant fee. China had relied on the allocated system in utilizing its land as part of the old planned economy till early 1990s when China promulgated its regulation on grant and transfer of land use right.

Bear in mind that all land …

Pre-contract agreement in property deals in China

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Deals of selling or buying properties in China involve similar procedures under China property laws. A typical deal often starts from the execution of three-party deposit agreement under which realtor, buyer and seller agree on certain terms of the deal. Under this three-party agreement, the buyer often pays a certain money as deposit (for understanding…

China real estate market:how firm the hell it is?

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I cannot help asking this question.

I have been bearish about China property market for long after the fanatic price hike in 2009, but it seems that I am always on the wrong side. But recent development and the common atmosphere felt turn me a bear again. Just now, a piece of news that Younger group (domestic giant garment/suit manufacturer) published an announcement …

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