Is it a contract or a down payment to buy a house?

1. Sign the contract first and then pay the down payment.

Generally speaking, the normal process of paying a down payment is after the buyer is optimistic about the house, and if the house meets the buyer's requirements, then the buyer can sign a purchase contract with the developer, otherwise the buyer can not sign the contract. If the buyer feels that the house as a whole is good, but there are some parts that need to be modified, and the developer agrees to the modification, remember to write the relevant content into the contract. Only after reading the content of the contract clearly, and then the two parties have reached an unanimous decision on the signing of the contract, the two parties sign the contract.

After the purchase contract is signed on the premise that both parties are willing to sign the purchase contract, the buyer can pay the down payment to the developer. Under normal circumstances, the down payment is paid according to the agreed proportion and amount in the contract, and there is no need to pay the amount agreed in the contract. If your financial strength is relatively strong, you can pay more appropriately, so that you can repay a lot less interest in the future, and the monthly repayment pressure will be much less.

2. Pay the down payment first and then sign the contract.

As far as home buyers are concerned, this is dangerous. What if the buyer pays the down payment to the developer without signing the contract, and the developer does not sign the contract, or if the developer's previous promise cannot be fulfilled? The money has been paid, and the buyer is out of the way.

In addition, if the down payment is made without signing the contract, if the contract with the developer cannot be signed in the end, and the buyer defaults due to various reasons, then the down payment will be given away in vain.

3. Ask for bills.

After paying the down payment, the buyer must pay attention to asking for the down payment and various payment bills, and keep them. These bills must not be handwritten or irregular bills, and all expenses need to be formal receipts and invoices, so that in the end, if there is a dispute between the two parties, the buyer has a reason. In addition, the purchase contract must also be collected, do not lose the purchase contract, it is a more troublesome thing to find the developer to reissue the contract, this truth is believed to have been known to those who have bought a house.

Is it necessary to sign a contract or take out a loan first to buy a house?

Generally, a down payment should be made first, or both. The bank receives the documents submitted by the buyer, and after the review confirms that the buyer meets the mortgage loan conditions, it will issue the buyer a notice of consent to the loan or a letter of commitment for the mortgage loan. The buyer can sign a purchase contract with the developer or other ** businessmen.

Legal basis] Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts.

The term "contract for the sale and purchase of commercial housing" as used in this Interpretation refers to a contract in which a real estate development enterprise (hereinafter collectively referred to as the seller) sells a house that has not yet been completed or has been completed to the public and transfers the ownership of the house to the buyer, and the buyer pays the price.

You need to make a down payment before you can sign a contract, otherwise there is no way to handle it, buying a house is a big deal to be optimistic about, don't worry.

The contract is the most detailed evidence of the two parties to the transaction on the content of the transaction, and the agreement between the two parties on the transaction is reflected by the contract, if only the down payment is paid and the contract is not signed, there will be a legal risk of unclear agreement. Buying a house is.

Pay the deposit first, and then check the purchase limit, pre-examination, face-to-face signing, and then pay the down payment and tax transfer after passing.

Pay down down before signing the contract.

After buying a house and drawing up a contract, discuss and communicate, and sign the contract for the down payment at the same time.

Legal analysis: Buying a house is to sign a contract first, and then pay a down payment. The purchase contract will specify all matters related to the purchase of the house, including the ** of the house, the ** of the down payment, the area of the house, the liability for breach of contract and the way of remedy. After signing the contract, the down payment will be made to fulfill the contractual obligations.

Legal basis: Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties and generally include the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

Living in modern society, real estate is a lot of people want to buy but dare not buy, but under certain external factors will still buy, after all, buying a house is not a small amount, not only to raise a high down payment, but also need to bear decades of debt, so when paying money will be very cautious, many people are also entangled in buying a house is to pay a down payment or sign a contract first, so buy a house first to pay a down payment or sign a contract first?

According to the normal process, you can sign the purchase contract after paying the down payment, and then go through the mortgage and other procedures, but when paying the down payment, you should first go to the loan bank to check whether you can take out a loan. If you buy a house in full, you can directly negotiate the payment with the developer, and you can directly bring the funds to pay off the contract after signing the contract.

Precautions for signing a purchase contract.

1. Before buying a house, you should check whether the developer's five certificates are complete, and the property built by the developer needs five certificates to be built and delivered. Therefore, buyers do not need to check the five certificates, but also need to check the original, Mingzhou and carefully check the content of the documents, do not believe the salesperson said that the original is not there, you can see the copy or **, because in this technologically developed society anything can exist some cats.

2. When signing the purchase contract, the difference in the area of the house should be indicated, and if the difference is beyond the scope, the liability for breach of contract should be indicated in the contract; The buyer should specify the construction area and the shared area in the contract, and list the composition of the shared area.

3. It is also necessary to indicate the time when the property can be handled in the contract, if it cannot be handled within the time limit, the liability for breach of contract should be clarified, and it is also necessary to pay attention to the notice items in the contract, such as the notice of delivery, paste a written notice in the sales department after the extension, so as to shirk their own responsibilities, and should be notified in place in the form of text messages, if the developer breaches the contract, the buyer should notify the other party in a specific written form.

In addition to paying attention to the matters in the contract, it is also necessary to pay attention to whether the developer mortgages the land use right in the early stage of construction, if this kind of house **, then the developer is bankrupt, the buyer's property rights are actually not guaranteed, and its property rights belong to the mortgagee.

It is unreasonable to pay a down payment first and then sign a house purchase contract, generally signing the contract first and then paying the down payment.

[Legal basis].Article 16 of the Administrative Measures for the Sales of Commercial Housing.

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 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.

It is also reasonable. Because the developer took a loan from the bank to develop the real estate, and then mortgaged the real estate to the bank. It's like when you take out a mortgage on a house, you have to mortgage the house.

And if there is a record in the real estate office or the like, it is not easy to trade with the mortgage, so it is necessary to release the mortgage first.

If the developer unmortgages the entire property, then it will require a lot of money, and if the sales are not good, it will be uncomfortable. Therefore, he will look at the market situation to appropriately release a few households, and then take them out and sell them, which can sign a contract first and then make a down payment. Then he can't sell other houses that haven't been released.

Then if you have your eye on other units that have not been released and really want to buy, then you need to make a down payment first, and then release the mortgage, and then sign the contract.

Buying a house is about signing a contract and then making a down payment. In the purchase contract, all matters related to the purchase of the house will be specified, including the ** of the house, the ** of the down payment, the area of the house to be discussed, the liability for breach of contract and the way of remedy, etc. After signing the contract, the down payment will be made to fulfill the contractual obligations.

Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties and generally include the following clauses:

1) The names and addresses of the parties;

b) marked orange;

3) Count the amount of laughter;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

Sign the contract first, pay the down payment later. Both parties can voluntarily sign the purchase contract before they can pay the down payment to the developer. The down payment is paid according to the proportion and amount agreed in the contract, and there is no need to pay the amount agreed in the contract.

If you have strong financial strength, you can pay more appropriately, and you can pay a lot less interest in the future, and the monthly repayment pressure is much less. The precautions for signing the contract are as follows:

Reviewing whether the developer has a commercial housing pre-sale license and land use certificate is the key to whether a house can be purchased or not.

The text of the housing sales contract uniformly printed by the real estate department shall be filled in item by item according to the terms listed in the text of the cavity slag.

Pay attention to whether the rights and obligations in the content filled in by both parties in the contract terms are equal.

Whether the payment method for the sale and purchase of the house is standardized, and the amount, period, method and liability for breach of contract are stipulated in the contract.

Whether the delivery date is determined, the developer makes a big fuss about the pre-sale contract, such as only indicating the completion date, but not the delivery date.