-
The main thing is the payment problem, the loan, the payment time should be written as long as possible, the bank loan will take a month, the real estate certificate is nothing, see if the real estate bureau has a contract before buying, five yuan, five copies, it is written very specifically, you don't have to worry.
-
Legal analysis: Precautions for buying a house and signing a contract: 1. Clearly stipulate the liability for breach of contract for overdue delivery of the house with dates; 2. Clarify the treatment method of the difference in the agreed area; 3. Clearly stipulate the time limit for the real estate certificate.
Legal basis: Administrative Measures for the Sales of Commodity Housing Article 16 When selling commercial housing, the real estate development enterprise and the buyer shall enter into 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 bright lines:
1) The name or address of the parties; (B) the basic condition of commercial housing; (C) the way of sale of commercial housing; (4) The method of determining the price of the commodity and the total price, the method of payment, and the time of payment; (5) The conditions and date of delivery and use; (6) Commitment to decoration and equipment standards; (7) Commitments for the delivery of supporting infrastructure and public facilities such as water supply, power supply, heating, gas, communications, roads, and greening, as well as related rights and responsibilities; (H) the ownership of public supporting buildings; (9) the way in which the area difference is handled; (10) Matters related to the registration of property rights; (11) the method of dispute resolution; (12) Liability for breach of contract; (13) Other matters agreed upon by both parties.
-
In the process of buying a house, it involves the signing of multiple purchase agreements, and the signing of these agreements is to protect the rights and interests of both buyers and sellers, so the content of each agreement, buyers should carefully check it to avoid mistakes, so what agreements should be signed to buy a house? What should I pay attention to when signing an agreement?
1. Deposit agreement.
Generally, after the buyer takes a fancy to a certain house, he needs to pay a deposit to the seller, keep **, and remember to sign the deposit agreement after paying the deposit for the purchase of the house, not just a verbal 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:
Overview of the housing situation, housing transactions, the amount of the deposit and payment method, other agreements, etc.
2. House sale and purchase agreement.
In general, if the buyer and seller have no other problems, they can use a unified system of 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 supplementary agreement may or may not be signed, depending on the wishes of the buyer and the seller. 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.
What should I pay attention to when signing an agreement?
1. Sign the deposit agreement.
According to the relevant provisions of the General Principles of the Civil Law, the Contract Law and the Guarantee Law, the deposit for the purchase of a house is a form of guarantee adopted by Key-Yin Qi for the performance of the contract. If you don't want to buy a house because the developer does not have the qualifications to sell commercial housing, the deposit can be returned with dates. According to China's "Measures for the Administration of Commodity Housing Sales", it is stipulated that:
If the conditions for the sale of commercial housing are not met, the developer shall not sell the commercial housing and shall not charge any fees in the nature of reservation money. In addition, it should be noted that according to the provisions of China's "Guarantee Law", the amount of the deposit cannot exceed 20 of the subject amount of the main contract, and the excess part is not protected by law.
2. Sign the purchase agreement.
When signing the purchase contract, the buyer must carefully read the content of the contract, and be clear about the rights, obligations and liabilities of both parties to avoid falling into the trap of the standard contract. For the violation of the law or unfair terms, the buyer has the right to challenge or cancel, for the intermediary company or the person to promise the matters can be required to be stated in the contract, especially for the terms involving the deposit, the buyer should be more cautious.
3. Sign a supplementary agreement.
Before buyers make up their minds to buy a house, many developers will make verbal promises to attract buyers, and these verbal promises are generally closely related to buyers, such as surrounding transportation, medical and other facilities. If you don't write these verbal promises into the supplementary agreement, it won't help to wait until you hand over the room and find out that you have been deceived.
-
1.If the seller has made some detailed and specific explanations and promises about the commercial housing and related facilities within the planning and design scope of its development project, which is sufficient to make the buyer trust and sign the commercial housing sales contract. In order to avoid unnecessary disputes in the future, it may be required that the advertising content be written into the contract or a supplementary agreement may be signed, and the liability for breach of contract may be clearly stipulated;
2.Buyers should be cautious about entering into an order agreement. The purchase agreement clarifies the specific content of the Contract for the Sale and Purchase of Commodity Housing, and if the seller accepts a deposit from the buyer as a guarantee for the conclusion of the contract for the sale and purchase of the commodity house by means of subscription, order, reservation, etc., if the contract for the sale and purchase of the commodity house is not concluded due to the reasons of one of the parties, it shall be dealt with in accordance with the provisions of the law on the penalty for the deposit.
Therefore, when signing the purchase agreement, the buyer should understand the content of the agreement in detail, otherwise once the agreement is signed, it will bear the obligations and responsibilities stipulated in the law or the contract;
3.If the buyer requires special requirements for the decoration of a certain part of the house such as pipes that do not change the basic structure of the house, it can be clearly agreed at the time of signing the contract, and if there is any change after the developer's commitment, the buyer can sue the developer for breach of contract according to the agreement, and if there is no clear agreement in the contract, the developer will not constitute a breach of contract, and the buyer's own consequences cannot be used as a reason for refusing to accept the house;
4.If the buyer buys a house that belongs to the joint property of the seller, he should pay attention to whether the consent of both husband and wife has been obtained, or whether the house price is too much lower than the market price;
5.Avoid it completely"One house and two sales"When signing the contract for the sale and purchase of commercial housing, the buyer should agree on the terms of advance registration and apply to the local real estate management and housing security bureau in time. The so-called advance notice registration means that when the parties sign an agreement for the sale and purchase of houses or other real estate rights, in order to ensure the realization of real rights in the future, they may apply to the registration authority for advance notice registration in accordance with the agreement;
6.Watch out for the deformed"Purchase Agreement", there is a class of purchase agreement named the letter of intent, although named"Intent"However, the agreement has been reached in the agreement to actually purchase the shop and clarifies the rights and obligations of both parties; It also stipulates the area of the shop, the calculation of the price, the subscription time, etc. Both parties have an expression of intent to be bound by the agreement, which is different from the preliminary intention without any legal constraints, so it constitutes an advance contract and is regarded as a legally binding contract;
7.It may be checked whether the seller has obtained a pre-sale permit for commercial housing in accordance with the law.
8.Pay attention to whether the developer's penalty setting for late delivery can make up for the loss of late delivery to buyers.
-
Notes on signing a purchase agreement:
1. Pay attention to reviewing valid certificates.
According to the regulations, the pre-sale and sale of commercial housing must have "five certificates", namely "State-owned Land Use Right Certificate", "Planning Permit for Construction Town Land", "Construction Project Permit", "Commercial Housing Pre-sale License" and "Commercial Housing Sales License".
2. Pay attention to the clear delivery date.
When signing the contract, the buyer must clearly stipulate the delivery date as "a certain year, a certain month, and a certain day", and indicate the responsibility of the developer for failing to deliver the house on time.
3. Pay attention to the blank fighting bird clause.
There are some blank clauses on the purchase contract that need to be filled in after confirmation by both parties or mainly special notes, and if the buyer does not have a blank space with special instructions, a diagonal line can be drawn to indicate that the blank space has no content.
Legal basis] Article 107 of the Contract Law, if the party fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
1. Equal principal repayment method:
Let the loan amount be a, the monthly interest rate is i, the annual interest rate is i, and the number of repayment months is n, and the remaining principal of the loan in the nth month of an is a1=a, a2=a-a n, a3=a-2*a n....And so on. >>>More
Location, supporting, transportation, schooling, house type, **, lighting.
It's also natural for your girlfriend to think.
Let's communicate well. >>>More
Hello, I want to ask a boy who said to chase me, I agreed to buy a house for the future marriage house, I acquiesced later, but the next day I felt that it was not suitable with the man and said that he was not willing to be together, but the boy told me that he had paid a deposit to buy a house, and said that if I continued to break up, he would take our chat records to the court to sue me, I want to ask me if this is illegal, will he sue me will have any impact or consequences?
It depends on what your needs are, whether it's a short-term plan or a long-term plan. >>>More