Do I need to sign a contract to buy a house, and do I need to sign a contract to buy a house

Do I have to sign a contract before buying a house?

For the purchase and sale of houses, it is necessary to sign a contract for the sale and purchase of houses, and sign a standardized contract, which is more conducive to protecting the rights and obligations of the buyer and the seller. For buyers, the contract for the sale and purchase of the house should specify the following contents: first, the basic situation of the house, including the location of the house, the area of the house, and the purpose of the house; The second is the transaction of the house**, and the specific payment method and payment time of the price; Third, regarding the delivery of the house, the contract should clearly state the procedures that should be performed when the house is delivered, and the list of items to be delivered should be clearly agreed; Fourth, the agreement on the registration of the transfer of ownership, the two parties shall clearly agree on the time for applying to the land and housing registration authority where the house is located for the registration of the transfer of housing ownership.

Civil Code of the People's Republic of China

Article 595:A sales contract is a contract in which the seller transfers ownership of the subject matter to the buyer and the buyer pays the price.

Article 596: The contents of a sales contract generally include the name, quantity, quality, price, time limit, place and method of performance, packaging method, inspection standards and methods, settlement method, words used in the contract and its effect, etc.

Article 597:If the ownership of the subject matter cannot be transferred because the seller has not obtained the right of disposition, the buyer may terminate the contract and request the seller to bear the liability for breach of contract.

Where laws or administrative regulations prohibit or restrict the transfer of subject matter, follow those provisions.

Measures for the Administration of the Sales of Commodity Housing

Article 16 When selling commercial housing, the real estate development enterprise and the buyer shall conclude a written contract for the sale and purchase of commercial housing.

The contract for the sale and purchase of commercial housing shall specify the following main contents:

1) The name or address of the parties;

2) The basic condition of commercial housing;

3) the way of sales of commercial housing;

4) The method of determining the price of the commodity and the total price, payment method, and payment time;

5) Conditions and dates of delivery;

6) Commitment to decoration and equipment standards;

7) Water supply, power supply, heating, gas, communications, roads, greening and other supporting infrastructure and public facilities delivery commitments and related rights and responsibilities;

8) the ownership of public supporting buildings;

9) the treatment of area differences;

10) Handling matters related to property rights registration;

xi) methods of dispute resolution;

12) Liability for breach of contract;

13) Other matters agreed by both parties.

Whether you buy or sell a house, or rent a house, you need to sign a contract, so that the interests of both parties can be protected.

Legal Analysis: Yes, there are contracts that have been concluded.

Legal basis: Civil Code of the People's Republic of China

Article 595:A sales contract is a contract in which the seller transfers the ownership of the subject matter to the buyer and the buyer pays the price.

Article 596: The contents of a sales contract generally include the name, quantity, quality, price, time limit for performance, place and method of performance, method of chartering a ship, inspection standards and methods, settlement method, words used in the contract and its effect, etc.

Legal analysis: To buy a house, you must be present in person, you need to sign a contract to buy a house, and you must sign it when you sign the contract. In the process of buying a house, you must go to see the house in person, you must understand the specific situation of the house, especially the property rights, and also understand the location of the house, and so on, there is no problem in all aspects, before you can sign a contract with the other party to buy a house.

Legal basis: "Law of the People's Republic of China on the Administration of Urban Real Estate" Article 37 The transfer of real estate refers to the transfer of real estate by the owner of real estate to others through sale, gift or other legal means.

Common purchase agreements include deposit agreements, house purchase contracts, and supplemental agreements, and when signing these agreements, the first thing to do is to ensure that the property rights are clear and transferable, and be sure to carefully study each of these terms to avoid signing unfavorable contracts. Let's take a look at the specific information of the contract to be signed when buying a house.

1. Deposit agreement

The deposit agreement mainly determines the amount of the deposit and the payment method, once the deposit agreement is signed, it will have legal effect, and any party who breaches the contract needs to bear legal responsibility. The deposit agreement mainly includes: a summary of the housing situation, the housing transaction, the amount and payment method of the deposit, and other agreements.

2. Housing purchase contract

The house purchase contract mainly covers the ownership of the house, the method of the transaction, the transaction**, the property status, the delivery of the house, the liability for breach of contract, the relevant provisions of taxes and fees, the registration of the transfer of ownership, dispute resolution, etc.

3. Supplementary Agreement

The content of the supplementary agreement is often not stipulated in the purchase contract. Because the supplementary clauses are agreed on the specific circumstances of different projects, to some extent, the supplementary agreement is more important than the purchase contract.

Precautions for signing a purchase contract

1. Whether the "five certificates" of the new house are complete, and whether the second-hand property rights are clear;

2. Use standardized contract texts;

3. Pay attention to whether the rights and obligations in the content filled in by both parties in the contract terms are equal, and put forward their own amendments in a timely manner;

4. Clarify the specific time and liability for breach of contract;

5. Clarify property management matters.

To buy a new house, you need to sign a sales contract with the developer, and you also need to sign a loan contract with the bank. Second-hand houses also need to sign a sales contract.

A sales contract is required, and a loan mortgage contract is required.