The real estate industry, as a traditional industry that commercial lawyers have entered, has undergone changes in its fundamental legal needs without a sound. Under this new requirement that emphasizes current affairs tracking and comprehensive follow-up, the shortcomings of traditional lawyers being conservative and slow have become increasingly exposed. Faxiu's tweet today starts from the development trend of the real estate industry, analyzes the current situation and limitations of real estate lawyers, proposes new career ideas, transforms service logic, and creates a new model.
2017 has been far away from us, and during this year, the real estate market has been full of ups and downs. Under the dual influence of policy orientation and commercial drive, the supply and demand relationship of the real estate industry is adjusting, and the overall industry pattern is also changing. Behind these changes, the industry and market are brewing new opportunities, while also harboring new risks.
Sohu Finance Channel has selected the top ten keywords for the real estate industry in 2017: "Xiong'an New Area", "Guangdong Hong Kong Macao Greater Bay Area", "Second housing reform", "Housing for living but not for speculation", "REITs", and "Rent and purchase simultaneously"... These buzzing terms from 2017 have hardly appeared in previous years' keywords, and most of them are brand new.
No wonder some people say that the changes in the real estate market are too fast. Indeed, there are new industry trends, news and information almost every day, and new industry policies, laws and regulations almost every week.
Unfortunately, facing an increasingly fast market, real estate companies are beginning to complain that the lawyers who have always provided them with legal services are too conservative, too traditional, and too slow.
This conservatism, tradition, and sluggishness are reflected in the three major limitations of traditional legal services in the real estate industry: limited thinking, limited skills, and limited modes.
Limitation 1: Thinking limitations
Traditional lawyers focus on their existing business capabilities, historical experience, and customary practices, rather than the actual needs and expected outcomes of clients. During the service process, the most frequently mentioned by lawyers is "there is a risk, there is also a risk... this is not possible, that is not possible...".
For example, a listed real estate company was once preparing to acquire a certain plot of land in Guangxi and entrusted a long-term legal advisor to review the land use right transfer contract. The lawyer is accustomed to thinking only from a legal professional perspective, so after receiving materials through email and completing written review, he believes that there are many risks inherent in the subject matter of the contract, and based on this, he proposes that the transaction should not be carried out.
But this opinion became a hot potato for the legal department - after the legal department forwarded the opinion to the deputy general manager of the group, it was rebuked as "we already know there is a problem, but what we need is not to raise the problem, but to solve it!"
In fact, the lawyer's problem is that he did not pay attention to and understand that the most crucial significance of this transaction for listed real estate companies is not profitability at all, but to quickly enter the market in the region and establish a deep cooperative relationship with a local state-owned enterprise, a seller with strong resources, before competitors.
Limitation 2: Skill limitations
Most lawyers engaged in real estate business in second - and third tier cities and the central and western regions are not professional real estate lawyers. Or rather, their business scope is not limited to the real estate industry.
They usually have exceptional personal abilities and extensive network resources. Whether it is criminal cases, marriage and family cases, or civil lending, contract disputes, etc., they will be involved and even do well.
This versatile business capability allows lawyers to broaden their case channels as much as possible, serve more clients, and accumulate experience more quickly. On the contrary, it can also help lawyers grow faster and ultimately better serve real estate enterprises.
But this is before.
In the current era of rapid changes in the real estate industry, real estate companies are beginning to complain about the distraction of attention from lawyers, the lack of continuous knowledge accumulation, the oversight of deep customer needs, the weakening of comprehensive service capabilities, and the decrease in response speed... because these will greatly deteriorate the experience of real estate companies, and sometimes even harm the actual interests of the company during the service process.
The legal representative of Guangxi Co