I have signed a purchase agreement with the real estate company and I feel that the agreement is not

The agreement is legal and valid.

If you don't want to fulfill, it is recommended that you start with the following:

The real estate company must have the following documents for the pre-sale of commercial housing:

1) The "Business License" of the development and operation enterprise;

2) There are construction plan documents for commercial housing projects approved by the Municipal Planning Commission and the Construction Commission;

3) Have obtained the state-owned land use certificate or land use right certificate;

4) Obtain the construction project planning permit and the construction project commencement certificate;

5) There are supporting documents for inclusion in the sales plan of the Municipal Construction Committee;

6) According to the calculation of the commercial housing applied for pre-sale, the funds invested in the development and construction reach more than 25 of the total investment in the construction of the project, or reach the corresponding project progress, and the construction progress and delivery date have been determined;

7) The pre-sale license of commercial housing in the city.

If the above documents and information are missing, you are not eligible to pre-sell, and you can also request the court to terminate the contract.

Last time I encountered such a thing, it is basically impossible for today's real estate developers (especially those like yours) to have all the documents and documents in order.

Although the contract omits the liability of the other party for breach of contract, it is not illegal, and since it has been signed, this agreement has legal effect.

For this loophole, you can ask the real estate company to sign a supplementary agreement with you to make a supplementary agreement on this issue.

Legal analysis: In accordance with the law, the form and content are poor, and the specific purchase agreement is legally valid. If one party fails to perform the document, the other party may sue for performance or pursue its liability for breach of contract.

Legal basis: Article 502 of the Civil Code of the People's Republic of China A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions.

If the failure to go through the formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the obligations such as reporting for approval and the validity of the relevant clauses in the contract. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations. In accordance with the provisions of laws and administrative regulations, the modification, transfer, termination and other circumstances of the contract shall go through approval and other formalities, and the provisions of the preceding paragraph shall apply.

The purchase contract with the developer is valid if it is established in accordance with the law. A valid house purchase contract requires the parties to have the ability to write and prove that their intentions are voluntary and true; The content of the agreement is legal and in accordance with the law; The establishment of a sales relationship shall not be corrupted, maliciously colluded to harm the interests of the state, the collective or a third party, and shall not conceal illegal purposes in a lawful form.

Article 41 of the Law of the People's Republic of China on the Administration of Urban Real Estate For the transfer of real estate, a written transfer contract shall be signed, and the contract shall specify the method of obtaining land use rights. Article 42 of the Law of the People's Republic of China on the Administration of Urban Real Estate When the real estate is transferred, the rights and obligations contained in the land use right transfer contract shall be transferred accordingly. Article 44 of the Law of the People's Republic of China on the Administration of Urban Real Estate to obtain land use rights by way of transfer, after the transfer of real estate, the transferee changes the land use agreed in the original land use right transfer contract, must obtain the consent of the original transferor and the municipal and county people's ** urban planning administrative departments, sign the land use right transfer contract change agreement or re-sign the land use right transfer contract, and adjust the land use right transfer fee accordingly.

Dear and hello, the buyer has not signed a purchase contract with the developer, and the developer should return the deposit paid by the buyer. The deposit is usually a temporary subscription agreement that the buyer and the developer are ready to negotiate and sign after the initial agreement on the intention to buy and sell the house, and the usual practice is to agree on a period after agreeing on the selected house number, area, unit price and total price of the house, within which the buyer needs to sign a formal contract with the seller. By paying a deposit, the buyer obtains the right of first refusal for this period.

A deposit is a form of security in which a certain amount of money is paid as security before the conclusion of a contract or its performance. It can be seen from this that the deposit and the deposit are not the same thing, and the deposit cannot be handled in accordance with the treatment of the deposit. The Measures for the Administration of the Sales of Commodity Housing issued by the Ministry of Construction stipulate that if the conditions for the sale of commercial housing are met, if the real estate development enterprise collects the buyer with the nature of the reservation fee before entering into the contract for the sale and purchase of the commercial house, the fees charged shall be offset against the price of the house price when the contract for the sale and purchase of the commercial housing is concluded; If the parties fail to conclude a contract for the sale and purchase of commercial housing, the real estate development enterprise shall return the fees to the buyer; Where there is another agreement between the parties, follow the agreement.

The contract is the proof of the buyer and seller relationship, and it is also the basis for the performance of the contract by both parties. You can continue to ask the developer, and if there are really only 3 copies of the original, you can ask for a copy and affix a stamp of "this document is the same as the original". If the developer still refuses to provide it, you can ask the property management department to intervene.

If the developer does not give you a sales contract, so you are very insecure, in case of problems with the quality of your house in the future, you will not have the right to defend your rights, and you do not have a purchase contract, then you have no way to handle your real estate certificate, the developer said to take your contract to help you handle the real estate certificate, is to deceive you, because when you sign the purchase contract, the developer will generally help you sign several copies, one of which will be given to you immediately, and there are a few copies to the real estate bureau, banks and other relevant departments. So you finally go to the real estate bureau first and ask the developer if it has helped you handle it, and if not, immediately help the developer get what you should take. At critical moments, we must safeguard our own rights and interests.

According to the law, if the seller delays the delivery of the house or the buyer delays the payment of the purchase price, and fails to perform within a reasonable period of three months after being reminded, the request of one of the parties to terminate the contract shall be supported, unless otherwise agreed by the parties. If the law does not provide or the parties have not agreed, a reasonable period of time for exercising the right of rescission shall be three months after being urged by the other party. If the other party does not have a reminder, the right of rescission shall be exercised within one year from the date of occurrence of the right of rescission; If it is not exercised within the time limit, the right of rescission shall be extinguished.

Article 199 of the Civil Code stipulates that the duration of rights such as the right of revocation and the right of rescission as stipulated by law or agreed upon by the parties shall be calculated from the date on which the right holder knows or should have known that the right arises, and the provisions on the suspension, interruption and extension of the statute of limitations shall not apply. At the expiration of the period of existence, the right of revocation, the right of rescission and other rights shall be extinguished.

What issues should be paid attention to when signing a house purchase contract:

1.Pay attention to whether the qualifications of the transaction subject to engage in second-hand housing transactions are met. If the seller has a real estate certificate, whether the property right is clear; Existing houses that have not yet obtained the title certificate cannot be bought and sold; If it is an off-plan property**, it must be guaranteed by the developer, etc.

At the same time, before the transaction, as a buyer, you can require the seller to provide the ownership certificate, identity certificate and related documents of the house, and go to the real estate transaction center to check the ownership registration of the house. The transaction can only be carried out after the qualifications of the transaction subject are reviewed and judged, and the transaction is confirmed;

2.Pay attention to the ownership of the transaction property. According to the relevant provisions of China's laws and regulations, the judicial or administrative organs shall not transfer the houses that have been ruled or decided to be seized or otherwise restricted in the form of real estate rights in accordance with the law.

In addition, the transfer of a co-owned house (e.g. joint ownership by husband and wife) requires the written consent of all co-owners;

3.Pay attention to the review of the property price, other fees and commissions. In order to prevent unscrupulous intermediaries from deliberately raising housing prices for profit, it is necessary to fully understand the entrusted price of the seller of the transaction house, and it is best to negotiate directly with the seller under the organization of the intermediary.

In addition to the house price, it is also necessary to clarify the burden of transaction taxes and fees;

4.Pay attention to the strict review of the handover situation. Including the delivery time, delivery conditions, payment of related fees, etc. The sales contract should clearly stipulate the delivery time, delivery conditions and the burden of water, electricity, gas, property management fees, maintenance and other related expenses;

5.Pay attention to determining the terms of liability for breach of contract and the means of remedy. Determining the liability clause for breach of contract is conducive to preventing the occurrence of breach of contract and safeguarding the rights and interests of the non-breaching party.

The contract should clearly stipulate how to bear the liability for breach of contract, the calculation and payment of liquidated damages, deposits or compensation, the exemption scenario, and the guarantee method.

A purchase agreement is generally signed by two parties, and one of the parties prepares the agreement.

No matter how the agreement for the purchase of a house is written, it is necessary to ensure that your legitimate rights and interests are not threatened by the developer.

This agreement is generally not written by yourself, so don't worry.

Generally, the purchase agreement has already been written, and it is important to read what is written on the agreement before signing it.

Generally, when buying a house, the real estate or agent will prepare a purchase agreement for us.

The purchase agreement is provided by the developer, and the buyer only needs to read and review the contents of the agreement.

Now there are special templates, you just need to look at those details and pay attention to them.

In fact, the other party has already written the purchase agreement, and we just need to look at the content.

First of all, "deposit" and "deposit" must be read clearly. Many people may think that these two words have the same meaning, and they do not distinguish much when they are used in daily life. However, the two terms are actually quite different.

The deposit is non-refundable, and once the deposit is paid, there is no way to get the money back. Even if you find out that there is a problem with the house later, if you want to get the deposit back, you must pay a liquidated damages in accordance with the provisions of the contract.

However, the deposit is refundable, and if you find that there is a problem with the house after paying the deposit, you can also ask for the money back. Many developers will deliberately blur these two words, which is to deceive some consumers.

Second, pay special attention to some vague words. Some developers do not specify the time, amount, etc. in the contract. For example, for the delivery time, it will only be written as soon as possible.

So how long is this as soon as possible?

There is also a hardcover room, for the materials used in the decoration, only the use of "good materials" and "boutique decoration" will be written, but these words are very vague. So you must be careful when reading the contract and read it word by word.

If you look at these vague words carefully, you can see them. But some people are very anxious and will be fooled. Regarding the materials of the hardcover room, it must be specific to a certain brand and model, so that there will be no contradictions in the later stage.

Third, pay attention to whether there are blank clauses in the contract. Many purchase contracts will have blank clauses and blank pages, and if these blank clauses are not asked in advance, some clauses may be added that were not originally available.

If you come back to it at that time, it may not be clear. Therefore, if you see a blank clause that is not filled in, it is best to fill it out in person before signing.

If you want to avoid the contract pitfalls when buying a house, you can ask a lawyer friend to help you look at the contract.

If conditions permit, bring your own personal lawyer to sign the contract with you, you can effectively avoid the pitfalls of the contract.

Before signing a contract, be sure to carefully read the requirements of the agreement every day.

Be sure to distinguish between the meaning of the deposit and the deposit, otherwise it will be difficult to refund when the refund is made.

When signing the contract, you should use a formal house sales contract, do not use the contract drawn up by the developer itself, and pay attention to the error of the house area.

If you want to avoid the pitfalls of the contract, then you must read the content of the contract carefully.

Be sure to look at what is included in the shared area of the house purchase, and then the time of payment.

Be sure to read the terms carefully, check the personal information, ** information, payment information.

Look at every clause in the contract, such as which party should be responsible for the compensation.