If the transfer cannot be made in time, how long and how long the online contract will be valid?

Updated on tourism 2024-03-20
7 answers
  1. Anonymous users2024-02-07

    The law does not clearly stipulate the validity period of the contract, and the effective time and termination time of the contract are generally agreed upon by the parties themselves. As long as the agreed term or the conditions for entry into force or termination are the true expression of the intention of the parties and do not violate the mandatory provisions on the validity of laws and administrative regulations, it is legal and valid. Generally speaking, a contract established in accordance with the law takes effect from the time of its establishment; If the parties do not agree on the effective time, it is generally considered to take effect on the date of signing the contract; If the parties conclude a contract in the form of a written contract, the contract shall be formed when both parties sign or affix their seals; Where the parties conclude a contract in the form of letters, data messages, etc., they may request the signing of a confirmation before the contract is concluded; When the confirmation is signed, the contract is formed, and the date of establishment is the effective time; If there is no agreement in the contract on the effective time, but there are additional conditions on the entry into force of the contract, the effective time of the contract shall be when the additional conditions are fulfilled.

    If there is no agreed termination time for the contract, the termination time of the contract in a general sense is usually the completion of the performance of the contractual obligations agreed in the contract; After the termination of the contract, the contractual rights and obligations will also be terminated. Legal basis: Article 44 of the Contract Law of the People's Republic of China shall take effect upon the establishment of a contract established in accordance with the law.

    Where laws and administrative regulations provide that formalities such as approval or registration shall be handled to take effect, follow those provisions.

  2. Anonymous users2024-02-06

    In real estate transactions, online contracts generally do not have an expiration date.

    Either continue the transaction or revoke the contract.

    If you can't transfer the ownership in time, you can protect your rights and interests in accordance with the law.

  3. Anonymous users2024-02-05

    The contract will not expire for a long time. The legal effect of the online signing of the house sale contract has nothing to do with whether the ownership is transferred, as long as the following conditions are met, the house sale contract is valid

    1) The perpetrator has the corresponding capacity for civil conduct;

    2) The meaning is genuine;

    3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

    The act of transfer of ownership only determines the ownership of the real right in the immovable property, and has nothing to do with whether the contract is valid or not.

    Legal basis] Article 209 of the Civil Code, the creation, alteration, transfer and extinction of immovable property rights shall take effect after being registered in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

    The ownership of natural resources that belong to the State in accordance with the law may not be registered.

  4. Anonymous users2024-02-04

    According to the current process of housing transactions, online signing is a prerequisite for handling the transfer of ownership of the house, but whether the online signing is or not will not affect the validity of the sales contract that has been signed by the buyer and the seller of the house. According to the second paragraph of Article 20 of the Property Law, if the creditor's rights are extinguished after the advance notice is registered or the application for registration is not made within three months from the date on which the real estate can be registered, the advance notice registration shall become invalid.

  5. Anonymous users2024-02-03

    1. The contract generally has two effective forms, the first is that it must be approved and registered in accordance with the formalities before it can take effect, so the online signature will not be invalid, unless we have to go through some relevant procedures, and then the contract clearly states that how long the account will be invalid, otherwise the online signature will not be invalid no matter how long.

    2. There is also a situation that when the contract is signed, the contract will only take effect with the approval and registration, and if there is no relevant contract registration and approval, there is no way to take effect, and there will be no invalidation in this case.

    3. One party to the contract is signed by both parties immediately has the effect of law, if before signing the contract, how long the online signature will not be invalid, once the contract is signed, the contract will clearly stipulate how long the document will not be invalid.

    1. What is the process of online signing for second-hand housing?

    1. The buyer and seller of the closed housing negotiate the relevant terms and conditions of the contract. The operator logs in to the online signing system of stock housing and selects the traded house from the published housing information, fills in the relevant content of the sales contract, and fills in the "Suzhou Stock Housing Transaction Settlement Fund Transfer Agreement" or "Stock Housing Transaction Settlement Fund Self-Transfer Statement".

    2. After filling in, the buyer and seller will set the contract inquiry password by themselves, and the operator will submit it online; The real estate brokerage contract signed by the parties to the sale and purchase and the real estate agency shall be submitted to the system as an annex to the "Stock Housing Sales Contract".

    3. After the contract is submitted, the operator prints the "Stock Housing Sales Contract", "Suzhou Stock Housing Transaction Settlement Fund Transfer Agreement" or "Stock Housing Transaction Settlement Fund Self-Transfer Statement" from the system.

    4. After the contract is submitted, the "Transfer Registration Application Form" can be printed from the Internet, and after the parties sign and seal, the parties will go to the housing ownership registration department with the application form and other relevant materials to go through the transfer registration procedures. Individuals need to release ** information through the online signing system, and can go to the intermediary association with the house ownership certificate and identity document to handle the information publicity.

    2. What are the precautions for signing contracts online?

    1. When we sign online, we have to check whether the developer has a sales license for the commodity, and with the pre-sale certificate, we usually have a land use certificate, planning certificate, etc., if the developer does not have these certificates, we have no way to apply for the real estate certificate.

    2. When signing online, you must use the standard contract text printed by the local management department, and don't find a contract template to sign by yourself, which will have a lot of loopholes.

  6. Anonymous users2024-02-02

    The online signing contract is mainly divided into the following two situations: one is to go through the approval and registration procedures in accordance with the law, and confirm the effective time by going through the formalities. Second, the contract will take effect immediately after being signed by both parties, and the contract does not need to be approved and registered, and the house sale contract belongs to the first type of sales contract.

    What problems should be paid attention to in online signing?

    1. When buying a house online, you should pay attention to check whether the developer has a pre-sale Xu Tsailiang certificate, which means that the developer has a land use certificate, construction project permit, etc., and these documents are also the most basic documents for the developer.

    2. When signing online, you must use a regular, and it is a real estate unified production of the purchase contract, and the buyer should fill in the content of the contract one by one, and must not be sloppy.

    3. In the contract, the rights and obligations of the buyer are often written, so the buyer should carefully see whether the rights and obligations are equal.

    4. The most important thing to pay attention to in the online signing is the area of the house, if the area in the contract is very different from the area measured by the actual measurement of the house, then the buyer has the right to ask to move out or compensate for the loss. If the error is not large, it is negligible within the allowable range.

    5. When buying a house online, it is also necessary to determine the delivery date, because in reality, there are many developers who delay the delivery of the house due to insufficient funds and other reasons. Therefore, the delivery date should be stated in the contract, and vague language such as the completion date and the quality acceptance should not be only indicated.

    6. If you encounter problems in the online signing of the house, you should also raise them in time, especially for the unreasonable content of the developer, you should negotiate with the developer in time and revise it.

    Summary: The above is about how long the online signature will be invalid, I hope it will be helpful to everyone! Online signing is an important step when buying a house, so remind everyone not to be sloppy to avoid the impact on buying a house.

  7. Anonymous users2024-02-01

    The online signature will not expire for a long time. That is, the legal effect of the online signing of the housing sales contract is not directly related to whether the ownership is transferred, as long as the following statutory conditions are met, the housing sales contract is valid: the actor has full civil capacity, the intention is true, and does not violate the provisions of the law.

    Legal basis] Article 209 of the Civil Code of the People's Republic of China.

    The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it will not take effect, except as otherwise provided by the law of Fachang chain.

    Article 214.

    Where the creation, alteration, transfer or extinction of an immovable property right shall be registered in accordance with the provisions of law, it shall become effective when it is recorded in the immovable property register.

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