lawyer reference?

Can a foreigner buy...? Can a foreigner rent...? What about deposits? Bad neighbors? Unreasonable landlords? Miscellaneous problems?
Forum rules
While the moderators are happy to help point people in the right direction for legal assistance and to attempt to keep these forums civil and tidy, please bear in mind that an Internet forum is not the place for providing or receiving legal advice or for the creation of any attorney-client privileges or obligations. Also keep in mind that Forumosa and the moderators cannot conduct comprehensive reviews of all laws or legal concepts referenced or discussed within these forums – laws and regulations are updated and amended, interpretations do change, and sometimes the legal landscape can change very fast. Forumosa provides these legal forums for general informational purposes only. By using these legal forums, you agree that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and any other posters on these forums. DO NOT CONSIDER THE FORUMS TO BE A SUBSTITUTE FOR OBTAINING LEGAL ADVICE FROM A QUALIFIED LICENSED ATTORNEY.

lawyer reference?

Postby JimmyTheSaint » 08 Jun 2010, 02:21

Here's another try for a Taipei lawyer reference regarding housing issues, and who speaks enough English so that I can communicate. Anyone? My issue is that apartment construction has started up next to mine and is pouring loads of dust into through my door into my apartment and others'. The problem would be easily fixed if the contractors built a barrier in the hallway to contain their mess, but the company who hired them would have to pay for that, so I'd like to know what legal leverage I have on this issue. The personal out-cry them approach may eventually work, but I'd like to know what legal possibilities there are to get these people to do what they already know is the right thing.
JimmyTheSaint
Shoe-wielding Legislator (huīwǔ xiézi de lìfǎ wěiyuán)
Shoe-wielding Legislator (huīwǔ xiézi de lìfǎ wěiyuán)
 
Posts: 220
ORIGINAL POSTER
Joined: 04 Jun 2010, 22:09
Location: 台北
5 Recommends(s)
3 Recognized(s)



Re: lawyer reference?

Postby Mother Theresa » 08 Jun 2010, 05:59

It's completely nuts to even think of consulting with a lawyer over a temporary petty squabble with your neighbors over construction (and you should be ashamed for proposing such idiocy). Their mess will last a month or two at most. A lawsuit would last a year or two at least. It would also be very costly, would drive you madder than the dust and noise next door, and in the end you'll lose. Besides, the construction will have been completed long ago.

You say you just want a legal opinion? For what? So you can tell them by law you're required to do X. Do you really think some uneducated, binglang chewing laborer gives a rats ass what some bignose next door's lawyer told him? Do you really think the neighbor will be more accommodating if you tell him you spoke with a lawyer? Hell no.

Take a few deep breaths, calm down first, then walk over there with your local wife/girlfriend/supporter and nicely explain the situation to the neighbor and ask him/her to please erect whatever barrier you referred to or take whatever action to protect you from all the dust. Most people when receiving such information in a calm, rational, nonthreatening way, and being asked to provide a reasonable solution, would do so.

That's by far your best approach. If it doesn't work the first time, you may have to approach them again. . . and again, or build the barrier yourself (with a plastic sheet), but hiring a lawyer in this situation is a stupid and useless response (and I'm a lawyer).
"The internet is a monster over which we have no control. We can’t even turn it off." Jeremy Clarkson
Forumosan avatar
Mother Theresa
Maitreya Buddha (Mílèfó)
 
Posts: 12159
Joined: 13 Sep 2002, 07:53
Location: Taipei
14 Recommends(s)
45 Recognized(s)



Re: lawyer reference?

Postby *monkey* » 08 Jun 2010, 08:31

Or you could just buy a few meters of weatherstrip and seal the door properly. It's not that difficult but requires, you know, getting off the sofa for a few minutes.
Floggings will continue until morale improves

Monkey's portmanteau of the day: Scootard
Forumosan avatar
*monkey*
Wild Chicken Bus Driver (yě jī chē sī jī)
Wild Chicken Bus Driver (yě jī chē sī jī)
 
Posts: 1966
Joined: 29 Aug 2001, 16:01
Location: Taipei, Free China
4 Recommends(s)
64 Recognized(s)



Re: lawyer reference?

Postby RobinTaiwan » 08 Jun 2010, 08:37

MT didn't say it very nicely, but he's right.

If I understand correctly, one apartment is under renovation and dust is spread through the common area. That would be the fire exit and the elevator lobby, right? You can erect a plastic partition to protect your own entrance door or you can hire someone to do it. Just a long plastic curtain over your door would cut down the dust a lot. Doors rarely have weather striping here. You can buy adhesive weather striping or whatever it's called and insulate your door. That would make a decent dust barrier, too.

YMMV
Spring would be something else if winter was as white as it is made out to be.
Forumosan avatar
RobinTaiwan
Bird Walker (liù niǎo de rén)
 
Posts: 1460
Joined: 01 Dec 2009, 16:12
2 Recommends(s)
21 Recognized(s)



Re: lawyer reference?

Postby JimmyTheSaint » 08 Jun 2010, 09:08

I'm sorry, I asked the question incorrectly. Thanks for your opinions. I would now like to close this thread and ask the question I intended in a different one.
JimmyTheSaint
Shoe-wielding Legislator (huīwǔ xiézi de lìfǎ wěiyuán)
Shoe-wielding Legislator (huīwǔ xiézi de lìfǎ wěiyuán)
 
Posts: 220
ORIGINAL POSTER
Joined: 04 Jun 2010, 22:09
Location: 台北
5 Recommends(s)
3 Recognized(s)



Re: lawyer reference?

Postby Mother Theresa » 08 Jun 2010, 09:57

The thing is, dude, lawyers are not cheap. Nor are lawsuits. In fact, lawsuits are almost always very expensive, time-consuming, frustrating, infuriating and ultimately result in the client being disatisfied, feeling further wronged, and full of complaints about the system and the laws and the lawyers and the judges. That's particularly true when legal remedies are attempted to resolve a relatively minor dispute.

That's why one should never sue unless one has a very strong case and one has actual, concrete, provable damages of at least US$10,000 or more, at the very least. Heck, in most cases it's not worth suing for less than US$20,000. The only exception is where the dispute doesn't concern money, but instead concerns very serious long-term conduct that has an equivalent value to you -- such as child custody, or extreme continuous long-term harassment, or the like.

On the other hand, if the dispute involves less money than that, or involves a nuisance that will likely be resolved in the foreseeable future without causing lasting harm, one is FAR, FAR better off to try to resolve it by other means, rather than legal means, or to just put up with the damn nuisance and accept it as a crappy fact of life. Because if one instead chooses to seek a legal solution to such minor squabbles, one will definitely end up more frustrated, not less.

Just my :2cents: after 20 years of helping disgruntled people resolve their disputes.

But, if you still want to hire a lawyer, feel free. Martindale Hubbell is the world's leading directory of lawyers. http://www.martindale.com Keep in mind, though, that many lawyers will naturally look after their interests before yours -- that is, charging you a fee and bringing in revenue for the firm. Resolving your problem is their secondary concern.

Good luck. And think about the DIY solutions.
"The internet is a monster over which we have no control. We can’t even turn it off." Jeremy Clarkson
Forumosan avatar
Mother Theresa
Maitreya Buddha (Mílèfó)
 
Posts: 12159
Joined: 13 Sep 2002, 07:53
Location: Taipei
14 Recommends(s)
45 Recognized(s)



Re: lawyer reference?

Postby sandman » 08 Jun 2010, 12:37

Love it! "I don't like the expert opinion, so I'll ask again elsewhere. Hopefully, this time I'll get an answer from a know-nothing bored desk jockey with nothing better to do who'll direct me to the correct toilet into which I can throw my money."
Gotta LOVE the flob! :lol: :lol: :lol:
sandman
Manjusri (Wénshū)
 
Posts: 30176
Joined: 04 Jun 2001, 16:01
28 Recommends(s)
199 Recognized(s)



Re: lawyer reference?

Postby Eiger John » 11 Jun 2010, 18:40

JimmyTheSaint wrote:I'm sorry, I asked the question incorrectly. Thanks for your opinions. I would now like to close this thread and ask the question I intended in a different one.


MT's basically right. There are several lawyers (myself, MT, Eiger Nathan, etc.) who all have survived our own construction projects and those of neighbors. The local method is to complain constantly to the city authorities, rally neighbors, post big-character posters in the stairwell accusing the family doing the construction of "destroying" something that belongs to the whole building and demanding an immediate cleanup, blocking the staircase with angry neighbors so the workers can't get to the apartment, etc. Eventually someone will go running around to say "pai-say", hand out some cakes, and then resume the noise and dust. But none of that really works if you're a foreigner. Best is if you're a crotchety old Taiwanese grandma, an "obattalion" in Japanese parlance -- chubby, permed and carrying an umbrella. And if you are, then what on earth are you waiting for? You should've already been calling the city authorities about your neighbor's "illegal addition" half an hour ago!!

I'm a lawyer, MT's a lawyer. Listen to us. Don't use lawyers on this.
"Power always thinks it has a great soul and vast views beyond the comprehension of the weak; and that it is doing God's service when it is violating all his laws." - John Quincy Adams

Article on enforcement of foreign court and arbitral decisions into Taiwan: http://goo.gl/hGXGG
Article on Cross-Strait intellectual property basics: http://goo.gl/ub4vA
Eiger John
Breakfast Store Laoban (zǎocān diàn lǎobǎn)
Breakfast Store Laoban (zǎocān diàn lǎobǎn)
 
Posts: 143
Joined: 13 Jul 2009, 17:14
Location: Taipei
6 Recognized(s)



Re: lawyer reference?

Postby RobinTaiwan » 11 Jun 2010, 22:25

Eiger John wrote:
I'm a lawyer, MT's a lawyer. Listen to us. Don't use lawyers on this.


I'm also a lawyer and I could not agree more.
Spring would be something else if winter was as white as it is made out to be.
Forumosan avatar
RobinTaiwan
Bird Walker (liù niǎo de rén)
 
Posts: 1460
Joined: 01 Dec 2009, 16:12
2 Recommends(s)
21 Recognized(s)



Re: lawyer reference?

Postby asianmom » 12 Jun 2010, 19:46

I would:
1.talk to the one guy that's over-seeing the project , usually known as the 'jian gung'(監工) here, explain very calmly what you want done.
2.talk to the neighbour (owner of the house).
3.talk to other neighbours so they could help you out in putting pressure on this wrong doing neighbour.
4.complain to the city authorities which in this case should probably be the Min of Environment. (before doing this , you may want to go on their website and have the necessary law and regulations highlighted so you know your rights when coaxing them into taking action).

Going to a lawyer, like others above have pointed out , is a complete waste of money and time in this case. It's like digging into a mini cup of Hagen Daz with a spade--you're so not gonna get the job done.
Forumosan avatar
asianmom
Shoe-wielding Legislator (huīwǔ xiézi de lìfǎ wěiyuán)
Shoe-wielding Legislator (huīwǔ xiézi de lìfǎ wěiyuán)
 
Posts: 230
Joined: 20 Nov 2005, 17:46



FRIENDLY REMINDER
   Please remember that Forumosa is not responsible for the content that appears on the other side of links that Forumosans post on our forums. As a discussion website, we encourage open and frank debate. We have learned that the most effective way to address questionable claims or accusations on Forumosa is by engaging in a sincere and constructive conversation. To make this website work, we must all feel safe in expressing our opinions, this also means backing up any claims with hard facts, including links to other websites.
   Please also remember that one should not believe everything one reads on the Internet, particularly from websites whose content cannot be easily verified or substantiated. Use your common sense and do not hesitate to ask for proof.
Next




Proceed to Legal Issues in Real Estate & Housing



Who is online

Forumosans browsing this forum: No Forumosans and 1 visitor

You can hide all windows, revealing only what's on the computer desktop, with one keystroke: Windows key+D in Windows, F11 on Macs (or, on recent Mac laptops, Command+F3; Command is the key with the cloverleaf logo). That's great when you want examine or delete something you've just downloaded to the desktop, for example. Press the keystroke again to return to what you were doing.
More tips from David Pogue