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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.
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Online signing means that after you sign a contract with the sales object, you must go to the relevant real estate department for filing 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. The contract can be revoked after it has been signed.
The online signing of the house purchase is equivalent to filing your sales agreement with the housing management department and publicizing it on the Internet, which is conducive to avoiding the developer from selling one house and two people to a certain extent. Online signing is an administrative act, but it cannot replace the transfer of ownership.
When signing a contract online, you need to pay attention to the following:
First, 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.
Second, when signing online, the standard housing sales contract text printed by the real estate management department must be used, and filled in item by item in accordance with the terms listed in the text, and must not be sloppy.
Third, when signing online, you must pay attention to whether the rights and obligations in the content filled in by both parties in the contract terms are equal.
Fourth, 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 method of handling the area error in the "Area Difference Treatment" clause.
Fifth, when signing online, you must check whether the delivery date is determined. It is common for developers to make a big fuss about the pre-sale contract, such as only indicating the completion date without indicating the delivery date; Use some vague language such as "after the installation of water and electricity, after the quality acceptance is qualified, and after the completion of the community support". In this regard, when the buyer signs the online signing contract, he must clearly stipulate the delivery date as "a certain year, a certain month, and a certain day", and indicate the responsibility that the developer needs to bear if he fails to deliver the house on time.
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The general passage is 3 to 5 days. If it is a paper contract, it depends on how long it takes for the developer to submit the record, which is normally about a week.
The validity period of the verification result is 30 days, and the decision on which day to sign online depends on the last signing date agreed in the subscription letter, and the online signing can be carried out before the last signing date.
The parties to the transaction shall 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.
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.
Extended information: 1. The online signing process takes too much time.
After the buyer signs the best house sale contract, the developer will submit the house contract to the housing authority for filing, which usually takes about 30 days, if the buyer chooses to buy a house with a mortgage, ** the signing time generally takes about 30 days, and after the procedures are the best, the signing center will notify the buyer to receive the house sale contract.
Second, what should be prepared for signing a contract on the home purchase network.
1. When the purchase of the house is signed, the developer should first show the house pre-sale certificate, if the developer can take out the pre-sale certificate, prove that the developer travels with the land use certificate and other relevant certificates, which is very important, which directly affects whether the buyer can successfully handle the real estate certificate.
2. The text of the purchase contract used during the online signing period must be the normal text printed by the Housing Authority, and be filled in in order, and should not be careless in the filling process, so as not to cause unnecessary trouble caused by filling in the wrong form and affecting the process of signing the first contract.
3. In the process of signing, it is necessary to check whether the specific date of delivery is written in the contract, because the developer has extended the delivery time due to insufficient funds for a long time, in order to prevent compensation, the specific date of delivery is often not indicated in the contract, so the buyer must clarify the delivery date to the year, month and date during the signing period of the network, and specify the responsibility of the developer to extend the delivery time.
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1. The online signing process takes too much time.
After the buyer signs the best house sale contract, the developer will submit the house contract to the housing authority for filing, which usually takes about 30 days, if the buyer chooses to buy a house with a mortgage, ** the signing time generally takes about 30 days, and after the procedures are the best, the signing center will notify the buyer to receive the house sale contract.
Second, what should be prepared for signing a contract on the home purchase network.
1. When signing the first sign of the house, the developer should first show the pre-sale certificate, if the developer can take out the pre-sale certificate to prove that the developer has the relevant certificates such as the land use certificate of the same Youming Limb, which is very important, and it directly affects whether the buyer can successfully handle the real estate certificate.
2. The text of the contract used in the online signing period must be the normal text printed by the Housing Authority, and be filled in in order, and should not be careless in the filling process, so as not to cause unnecessary trouble caused by filling in the wrong form and affecting the process of signing the first place.
3. In the process of signing, it is necessary to check whether the specific date of delivery is written in the contract, because the developer has extended the delivery time due to insufficient funds for a long time, in order to prevent compensation, the specific date of delivery is often not indicated in the contract, so the buyer must clarify the delivery date to the year, month and date during the signing period of the network, and specify the responsibility of the developer to extend the delivery time.
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1. Online signing is the abbreviation of online signing, which is commonly found in the field of real estate transactions, which refers to the fact that after the two parties sign the contract, they go to the relevant real estate departments for the record, form an online signature number and publish it on the Internet, and users can inquire on the Internet through the online signature number. In the field of e-commerce, it is also known as electronic signing and online contract signing.
2. 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.
3. Online signing procedure:
It is understood that the procedure for online signing is: the parties to the transaction negotiate and draft the relevant terms according to the text of the commercial housing deposit agreement or sales contract published on the Internet - the real estate development enterprise prints the agreement or contract confirmed by both parties through the online signing system - both parties should sign (seal) the demolition person - indicate on the electronic real estate form that the commercial house has been booked or signed.
The online operation process of each simple transaction should be completed within 24 hours.
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Legal Analysis: The house sale and purchase contract belongs to the first type of sale and purchase contract. Even if there is no transfer of ownership after the online signing, the online signature will not be invalid.
For first-hand houses, after the online contract is signed, it is generally within 10 days to go to the housing authority to make the purchase contract for the record, and the contract will become invalid after the completion of the performance after the transfer; If it is a second-hand house, the online signature is not time-sensitive, and it mainly depends on how the two parties agree.
Legal basis: "Measures for the Administration of Pre-sale of Urban Commercial Housing" Article 10 For the pre-sale of commercial housing, the developer shall sign a contract for the pre-sale of commercial housing with the offtaker. 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.
Civil Code of the People's Republic of China
Article 143:Civil juristic acts that meet the following requirements are 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.
Article 470:The content of the contract is agreed upon by the parties and generally includes 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.
Article 490:Where the parties conclude a contract in the form of a written contract, the contract shall be concluded when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting.
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It generally takes 3 to 5 days to sign online. Online signing refers to the process of signing the contract between the two parties to the relevant real estate departments for the record, forming an online signature number published on the Internet, and inquiring online through the online signature number, and the contract filing and transfer registration procedures shall be handled with the real estate management department and the land management department within 30 days after the signing.
The Ministry of Land and Resources and the Ministry of Housing and Urban-Rural Development of the Ministry of Housing and Urban-Rural Development of the Ministry of Housing and Urban-Rural Development of the Ministry of Housing and Urban-Rural Development of the Ministry of Housing and Urban-Rural Development of the Ministry of Housing and Urban-Rural Development of the Ministry of Housing and Urban-Rural Development of the Ministry of Housing and Urban-Rural Development of the Ministry of Housing and Urban-Rural Development of the Ministry of Housing and Urban-Rural Development of the Ministry of Housing and Urban Strengthen the management of housing transactions. Housing transaction management is the foundation and core of real estate market regulation.
Real estate management departments at all levels should strengthen the construction of housing transfer, mortgage, leasing, area management, housing transaction files, housing intermediaries, and personal housing information systems, especially to do a good job in the pre-sale license of commercial housing, the online signing of housing sales contracts, the supervision of housing transaction funds, the establishment of real estate tables, the examination of house purchase qualifications, the first inspection, the management of stock housing and policy-based housing side listing transactions, as well as the formulation and supervision of housing mortgage policies and other specific work of transaction supervision, so as to achieve an orderly connection of related businesses.
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