What should I pay attention to when signing a contract for the sale and purchase of a house?

How to sign a contract for the sale and purchase of a house.

Legal analysis: The matters to be paid attention to when signing a house sale contract are: whether the house sale contract is the true expression of intent of the buyer and the seller; whether both the buyer and the seller have the corresponding capacity for civil conduct; Whether the contract for the sale and purchase of the house is legal and whether it complies with public order and good customs.

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 should be drafted and approved and other formalities should be handled, such provisions shall be followed.

If the failure to go through the formalities such as approval affects the effectiveness of the contract, it shall not affect the validity of the obligations such as the performance of the approval and other obligations in the Hejing Demolition and Reconciliation and the relevant provisions. 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. Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.

Pre-sales are one of the main ways to sell real estate these days, but there are a few things to keep in mind when signing a pre-sale contract to prevent certain risks. There are some precautions when signing a pre-sale contract: 1. Confirm that the developer has obtained the pre-sale license of commercial housing.

2. Confirm whether the standard terms formulated by the developer are fair. 3. Clearly stipulate the conditions for the delivery of the house and the liability for breach of contract for delayed delivery. The developer's liability for delay in delivery is mainly divided into two levels: liquidated damages, compensation for late delivery and the buyer's right to terminate the contract.

The specifics of those provisions should be clarified. 4. Clearly stipulate the handling of mortgage rights. 5. Clarify the settlement method for area error.

The area agreed in the pre-sale contract is generally the area measured according to the drawing, and it is inevitable that there will be errors with the final measured area. In order to avoid disputes in the future, the buyer should agree in the pre-sale contract on how to deal with the area error. 6. Handle the relevant registration procedures in a timely manner.

After the pre-sale contract of commercial housing is signed, there are many legal procedures that need to be handled from the online filing of contract information to the receipt of the real estate certificate and land certificate by the buyer.

Pay attention to the following issues when signing a contract:

1. Blank clauses in the contract.

When signing a contract, you will find that there will be blank clauses under some clauses. There are some blank clauses that need to be filled in after confirmation by both parties or need to be specially indicated, but some developers will inform the buyer that the contract is the same version, and some blank spaces can be left unfilled, so that the developer may do tricks in the blank space.

Therefore, if the buyer does not have a special explanation, he can draw a diagonal line in the blank space to indicate that there is no content here, so as not to leave an opportunity for the developer to take advantage of.

2. Whether the obligations and rights in the supplementary agreement are reciprocal.

The supplementary agreement is a supplement to the purchase contract, and there are many provisions in the supplementary agreement that cannot be explicitly stated in the contract.

Some developers will play word games at this time, for example, the developer will agree that their liability for breach of contract is a few ten-thousandths of a month, and the buyer's liability for breach of contract becomes a few ten-thousandths of a day, and the difference of one word will be 30 times the difference in the amount of breach of contract.

When signing a contract, you need to pay attention to whether the division of responsibilities in the supplementary agreement is reasonable, and do not let yourself suffer.

3. Liability for breach of contract and compensation agreement.

The liability for breach of contract and compensation in the contract need to be paid attention to. In the whole process of buying a house, there is a possibility of breach of contract at any time, and once there is a breach of contract, the court will determine the liability and compensation, first referring to the agreement in the contract.

For example, under what circumstances the house can be returned, what breach of contract occurs, double compensation of the deposit, etc.

If these two items are not clearly agreed, buyers will suffer dumb losses, and rights protection will take a long detour.

Fourth, the delivery date and delivery standard agreement.

The delivery date is the deadline for the developer to hand over the house to the buyer, and the delivery standard is the standard for the configuration of the house when it is handed over to the buyer.

If the developer is late in delivery, the delivery date in the purchase contract is an important criterion for determining whether it is overdue.

When signing the contract, it is necessary to write down the configuration standards at the time of receipt, such as the brand of household appliances and the standard standards of indoor air.

5. Monopoly of property management rights.

The purchase agreement stipulates that "the buyer agrees that the commercial house shall be provided by the xx property management company selected and hired by the seller to provide pre-property management services", which is actually a permanent monopoly of the property management right by the developer, and it is difficult to change it even if the owners' committee is established in the future.

In signing the contract for the sale and purchase of commercial housing, both parties must clarify 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.

Hello: First, the basic situation of the house.

1. The area of the house: the construction area, the usable area, the shared area, etc.

2. The service life of the house: Generally speaking, the land use period of the house is 70 years, and what you have to look at is the remaining land use right life.

3. The geographical location of the house: the house is located in **, so as to be specific to the house number.

Second, the property rights of the house.

1. The nature of the house: It must be clear whether the transaction house is a commercial house, a purchased public house, an affordable house or a small property right house.

2. Property rights: whether the house is mortgaged, if it has been mortgaged, who is the mortgagee, when can the mortgage procedures be understood, etc.

3. Lease situation: If the house has been rented out before being **, it involves the issue of preemption, and then it is necessary to make it clear whether the tenant has waived the right of first refusal, and attach a statement signed by the tenant to give up the right of first refusal.

3. Payment of room payment.

1. The transaction of the house**: Write clearly what the transaction price of the house is, or what the total amount of the house payment is.

2. Payment method: write clearly whether it is a full purchase or a mortgage purchase, if it is a mortgage, when to pay the down payment, when to pay the final payment, etc., and also agree on the solution if the loan is not approved.

As a seller, you can choose the following times for the payment delivery time:

a. Working days after the completion of the transfer procedures;

b After getting the buyer's full down payment, working days;

c Get the full purchase price within working days.

In addition, it is also necessary to agree on the ownership of the items in the house, the handover of water, electricity, heating, gas and other expenses, and which party will bear the expenses incurred on the day of delivery.

3. Handling of furniture and household appliances: If the two parties agree to use furniture and household appliances to deduct the house payment, it is necessary to indicate the equivalent amount of indoor household appliances, and the valuables and things that need to be removed can be detailed in the supplementary agreement.

4. Liability for breach of contract.

The main types of defaults that are common in real estate transactions are as follows:

1. What should I do if the seller is late in delivery?

2. What should I do if the buyer's loan is not approved?

3. What should I do if the seller has not migrated the account?

4. What should I do if the buyer delays the payment of the house?

5. Payment of taxes and fees.

The latter part of the second-hand housing transaction is the tax transfer, and two points must be agreed in the contract for the tax transfer

1. Who should pay the taxes?

2. What should be done if one party fails to pay taxes and fees in accordance with the regulations?

How to sign a contract for the sale and purchase of a house.

Basic condition of the house. The area of the main house, the age of the house, and the geographical location of the house;

Property rights. The main ones are the nature of the house, the property rights, and the lease situation;

Payment for the room. The transaction of the house**, the payment method of the house;

As a seller, you can choose the following times for the delivery time: working days after the completion of the transfer procedures; After getting the buyer's full down payment within working days; Get the full purchase price in working days;

In addition, it is also necessary to agree on the ownership of the items in the house, the handover of water, electricity, heating, gas and other expenses, as well as which party will bear the cost of issuing the judgment on the day of delivery;

disposal of furniture and appliances;

Liability for breach of contract.

To sign a contract, the first thing to look at is whether there is an inequality of interests or a clause that the signee does not know.

A house sale contract is a special type of sale contract, which refers to a contract in which the seller delivers and transfers ownership of the house to the buyer, and the buyer pays the price. The legal characteristics of a contract for the sale and purchase of a house are both general and inherent in the contract of sale. Slag sensitive.

1. The floor area, the area in the suite, the usable area and the shared area (the common area apportioned by oneself) and their measurement methods should be clear.

2. The terms of the quality of the house should be written into the contract in detail.

3. Delivery conditions; The delivery time should be specified in the pre-sale contract. For example, the delivery decoration standards, the service items of the property, the charges, etc., and at the same time clarify the liability for breach of contract.