What is the legal significance of the online signing of the real estate sales contract?

Hello, 1. Online signing in the real estate field means that after the two parties sign the contract, they go to the relevant real estate department for the record and publish it on the Internet. Then a network number will be given, and users can check it online through the network number. The purpose of online signing is to make real estate transactions more transparent and prevent"More than one house sells"The contract can be revoked after it has been signed.

General"Netsign"The procedure is: the parties to the transaction negotiate and draft the relevant terms according to the text of the deposit agreement or sales contract of the commercial housing published on the Internet, and the real estate development enterprise shall print the agreement or contract confirmed by both parties through the online signing system, and the parties shall sign (seal) and indicate that the commercial housing has been booked or signed on the electronic real estate form.

2. The real estate sales contract can refer to the regulations on the quality management of construction projects and other laws and regulations to see the conditions required for the delivery of commercial housing.

analysis in the article.

3. After the online signing, the owner's qualification will be more credible after verification, and the inventory source information will be more reliable, so it may be more convenient and faster to find a house in the future, and the transaction process will be clearer and the transaction process will be fully informatized, which can shorten the time for the buyer and seller to submit the transaction. Throughout the online signing process, the public can also learn about the process of second-hand housing transactions through real-time inquiries online.

Is there an unavoidable "online sign" link for buying a house? What's the point? You'll know after reading it.

The essence of the housing sales contract is the same as that of the online signing contract, both of which are based on the same expression of intention to complete the purchase and sale of commercial housing, but in different ways. The housing sales contract refers to the "Commercial Housing Sales Contract" completed offline between the developer and the buyer, while the online signing contract refers to the act of filing the contract through the Internet and the housing authority. After signing the contract online, the relevant departments will return to the contract after review, and the buyer can inquire about the contract according to the record number.

1. Is the online signing of the record contract and the purchase contract the same thing?

Online signing is not the same as filing a house purchase contract. Generally speaking, the online signature comes first, and the filing comes later, and only after the filing does the house sale take effect. The purpose of online signing is to make real estate transactions more transparent and prevent more than one house from being sold.

After the two parties sign the contract, they go to the relevant real estate department for filing and publish it on the Internet. Then a network number will be given, and users can check online through this number. The reason why the contract for the sale and purchase of commercial housing needs to be registered and filed is that after the contract text is signed, it must be registered with the real estate transaction center before it can take effect.

In order to improve efficiency, the developer will not handle it on a house-by-house basis, but will take the form of handling it in batches, which will cause the filing date of the sales contract to be delayed accordingly.

2. Is the purchase and sale of houses mainly based on online contracts?

The housing sales contract is mainly an online signing contract, and the commercial housing sales contract is a "commercial housing sales contract" completed offline between the developer and the buyer, while the online signing contract refers to the act of filing the contract through the network and the housing authority. Therefore, the housing sales contract should be based on the contract signed online, even if the house sale contract signed offline is different from the online contract, the parties to the contract should perform the rights and obligations agreed in the online contract.

3. How to distinguish between online contracts and online housing sales contracts.

The essence of the housing sales contract and the online signing contract are the same, both of which are based on the same intention to complete the purchase and sale of commercial housing, but the way of burying the void is different. The housing sales contract refers to the "Commercial Housing Sales Contract" completed offline between the developer and the buyer, while the online signing contract refers to the act of filing the contract through the Internet and the housing authority. After signing the contract online, the relevant departments will generate a record number for the contract after review, and the buyer can inquire about the contract according to the record number provided.

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 for performance, place and method of performance, packaging method, inspection standards and methods, settlement method, words used in the contract and its effect, and other clauses.

The difference between the house sale contract and the online signing is as follows: the house sale contract refers to the contract signed by the house buyer and seller to reach an agreement on the house sale and purchase to determine the purchase of the house; The online signing means that the real estate development enterprise shall, within 30 days from the date of signing the pre-sale contract of the commercial housing, file with the competent department of real estate development and the department responsible for land management at or above the county level where the commercial housing is located.

[Legal basis].

Article 27 of the Regulations on the Administration of Urban Real Estate Development and Operation shall be filed within 30 days from the date of signing the pre-sale contract of commercial housing to the competent department of real estate development and the department responsible for land management at or above the county level where the commercial housing is located. Nowadays, the purchase contract is filed online.

Legal analysis: the contract signed online for the purchase of a house is legally valid; According to the relevant laws and regulations, in the field of real estate, online signing means that after the two parties sign the contract, go to the relevant real estate department for the record, and publish it on the Internet, and then give an online signature number, and the user can query it online through the online signature number.

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

Article 144:Civil juristic acts carried out by persons lacking capacity for civil conduct are invalid.

Article 146:Civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid. The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions.

Article 153:Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act. Civil juristic acts that violate public order and good morals are invalid.

Article 154:Civil juristic acts where the perpetrator maliciously colludes with their counterparts to harm the lawful rights and interests of others are invalid.

Article 505: The validity of a contract concluded by the parties beyond the scope of business shall be determined in accordance with Section 3 of Chapter 6 of Part 1 of this Law and the relevant provisions of this Part of the Calling Section, and the contract shall not be invalid solely on the basis of exceeding the scope of business.

Online signing is a way, and the "Commercial Housing Sales Contract" is substantial. The online signing means that the "Commercial Housing Sales Contract" is signed synchronously through the network and the housing authority, and all the terms are printed in the form of a standard after the online signing, and after confirming that it is correct, our name and handprint are signed on the back. This is the Contract for the Sale and Purchase of Commercial Housing.

Now they are all signed in this way to avoid selling more than one house. The online signing contract is directly filed on the network, and it also needs to be signed in writing, but the contract text is directly from the network, and it is on every page"ICP filing has been filed"watermark. Generally, the house sale and purchase contract can be signed directly online, indicating that the developer's qualifications and procedures are complete, and you will be very smooth when you handle the deed and house ownership certificate.

Purely written contracts also need to go through the filing procedure, and generally developers with complete procedures will sign an online filing contract with the buyer. If it is signed and not recorded, it is likely that the developer has incomplete procedures, so it cannot be filed for the time being. In this case, buyers should be cautious, because the contract filing is a problem in the future, and it is even more difficult to handle the housing-related procedures, and some people even live in a new house for many years and cannot apply for the real estate certificate, which is the biggest difference.

Article 10 of the Administrative Measures for the Pre-sale of Urban Commercial Housing shall be pre-sold for commercial housing, and the developer shall sign a contract for the pre-sale of commercial housing with the purchaser. The developer shall, within 30 days from the date of signing, go through the registration and filing procedures for the pre-sale contract of commercial housing with the real estate management department and the municipal and county people's land management department. The real estate management department shall actively apply network information technology and gradually implement the online registration and filing of commercial housing pre-sale contracts.

The registration and filing procedures for the pre-sale contract of commercial housing can be entrusted to the first person. If the person is entrusted to handle it, there shall be a written power of attorney.

As the real estate market begins to gradually standardize, we will also encounter some new procedures when handling the procedures for buying a house, some friends feel that these new procedures are complicated to buy a house, but in fact, this is more protection for everyone to buy a house, for example, buying a house online signing is a very good thing, so what is the difference between the purchase contract and the online signing? With the real estate market now gradually standardized, we will also encounter some new procedures when handling the procedures for buying a house, some friends feel that these new procedures are complicated to buy a house, but in fact, this is more protection for everyone to buy a house, for example, buying a house online signing is a very good thing, so what is the difference between the purchase contract and the online signing, and what are the benefits of the online signing?

1. The difference between the purchase contract and the online sign

1. Real estate online signing is actually that after you sign a contract with the sales object, you must go to the relevant departments of real estate for the record and publish it on the Internet. Then a network number will be given, and you can check it online through this number. The purpose of the online signing is to make real estate transactions more transparent.

2. In the future, real estate development enterprises must go through the project access procedures with the Municipal Land and Housing Management Bureau before applying for the pre-sale permit of commercial housing or applying for the registration of the right to set up new commercial housing for the existing commercial housing, and submit relevant information and supporting materials, and the public can inquire online at any time.

3. The purpose of online signing is to make real estate transactions more transparent and prevent more than one house from being sold. When signing online, it is necessary to check whether the developer has a pre-sale license for commercial housing, and with a pre-sale certificate, the developer usually also has a land use certificate, planning permit, construction project permit, etc. This is the key to whether you can get a real estate certificate when buying a house.

2. What are the benefits of online signing?

1. The advantage of online signing is to avoid selling one house and two houses, but the protection period of the online signing system is 3 months, and the seller can sign the contract again after the deadline, so try to go through the transfer procedures within 3 months. Secondly, the landlord's qualifications will be more credible after being verified after the online signing. Finally, the online signature is conducive to the monitoring of the second-hand housing market.

2. It is necessary to pay attention to the terms that the developer proposes to be unreasonable, you need to put forward your own amendments and negotiate, if you think that your interests cannot be guaranteed in the contract, and the developer does not agree to modify or supplement, the buyer has the right to re-choose the developer and the real estate.

3. Area confirmation and area difference treatment. If you choose to confirm the area and deal with the area difference based on the floor area of the suite, you should specify the treatment method in the case of area error in the area difference treatment clause.

The above is about the difference between the purchase contract and the online signing and what are the benefits of the online signing, the online signing actually refers to the purchase contract online signing a step, so that you can check the transaction of the house online when you buy a house, and the information about the real estate transaction is also public, so as to avoid the situation that a house is bought and sold by multiple people.