The difference between online signing and filing

1. The normal process of buying a house is to sign the purchase contract online first, and then go to the housing authority to go through the filing procedures for the purchase contract.

2. There is an essential difference between online signing and filing, and online signing is only a networked management system established by the real estate management department to regulate the standardized sale of houses by real estate enterprises and prevent development enterprises from covering up the market and selling more than one house.

The record is based on Article 6 of the Administrative Measures for the Pre-sale of Urban Commercial Housing issued by the Ministry of Construction of China: the pre-sale of commercial housing shall be subject to a license system. For the pre-sale of commercial housing, the development enterprise shall go through the pre-sale registration with the real estate management department of the city or county and obtain the "pre-sale license of commercial housing".

According to Article 10 of the Administrative Measures for the Pre-sale of Urban Commercial Housing, it is also stipulated that for the pre-sale of commercial housing, the developer shall sign a pre-sale contract with the purchaser. The pre-seller shall, within 30 days from the date of signing, hold the pre-sale contract of the commercial housing to the people's ** real estate management department and land management department at or above the county level for registration and filing procedures.

Third, the joint effect of the two is to prevent more than one house from selling, when we should pay attention to the fact that the online signature does not have the legal effect of filing, and can only achieve the management effect of filing. After handling the online signature, if you want to achieve the legal effect of filing, you must also go to the local real estate registration agency to go through the filing and registration procedures.

Attention Home Buyers! Online signing and filing are not the same thing at all, figuring out that these houses are yours.

The house purchased by the buyer finally realizes the legal existence, and it has to go through two processes: online signing and filing, and everyone often regards online signing and filing as the same thing in the actual purchase of a house, but in fact, it is not. The combined effect of the two is to prevent more than one house from buying, but there is an essential difference between the two.

The online signing is a networked management system established by the real estate management department to standardize the sale of houses by real estate enterprises and prevent development enterprises from covering up the market and selling more than one house. The online signing of the house purchase is equivalent to the filing of the sale and purchase agreement in the housing management department and publicizing it on the Internet, and after the online signing, you will also get an online signing number, you can query the online signing information on the Internet, and the house that has been signed online cannot be signed for the second time, which is conducive to avoiding the developer's sale of one house and two sales to a certain extent, which is an administrative management behavior.

Filing includes the filing of the developer and the filing of the purchase contract. The former refers to the fact that the development enterprise files the housing with the real estate management department after obtaining the pre-sale certificate, and faces the society. The latter refers to a way for the buyer and the developer to register with the housing management department after signing the contract to achieve legal effect.

In this article, we mainly elaborate on the filing of the latter.

Processing time. The online signing is completed in the sales department or in the housing management department after the developer has obtained the pre-sale certificate, and the buyer also meets the qualifications for buying the house, completes the house selection, and signs the contract. Here, we should note that some developers will now sign relevant agreements or contracts with buyers without obtaining pre-sale certificates or other certificates, which is not possible to sign online.

In addition, if the buyer's own qualifications have not been verified, they cannot sign online.

The record is to hold the pre-sale contract of commercial housing within 30 days from the date of signing the registration and filing procedures with the people's real estate management department and land management department at or above the county level. Generally speaking, the online signature comes first, the filing comes later, and the filing is premised on the online signature, and only after the filing can the house sale be officially effective.

Legal Effect. When signing the contract, you should carefully read the terms in the contract, and you can put forward your own amendments to the terms that you think are unreasonable in the contract, or negotiate between the two parties, and even the buyer can negotiate to revoke the online signature when the request is not resolved, and do not sign online. However, even if the online signing is successful, it cannot be said to have legal effect, because the commercial housing sales contract can only take effect if it is registered with the real estate transaction center.

Therefore, after filing, the house can be regarded as truly having legal effect.

process. Online signing process: select the online signing time - prepare the online signing materials - confirm the terms of the online signing - complete the online signing.

It should be noted that the filing is carried out after the completion of the online signing, and finally the real estate management department will return a record number, which is unique, and the relevant information of the house can be queried by entering the record number online.