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1. Is the public housing sale and purchase agreement valid?
1. The provisions of Article 1 of the Real Estate Management Law are provisions of a management nature, and the current mainstream view is that the violation of this provision does not necessarily lead to the invalidity of the contract. A contract for the sale and purchase of public housing without a property right certificate is a valid contract in terms of the validity of the contract.
2. However, if the house is a trillion to immovable property, it should be registered with property rights and obtain the property right certificate before it is legal property and is protected by law. There is a risk in the transaction without a title deed, i.e. without a title certificate or without a legal title to the property right.
3. After-sales public housing according to Hu Min's different housing reforms since 1994 to the public housing (that is, the right to use the housing) ** to the staff (buy the property rights), and later the sold public housing can be listed, so these listed sold public housing is called the after-sales public housing (divided into cost price housing and standard price housing) period and **, divided into cost price housing and standard price housing. The real estate certificate is the proof of ownership, and the absence of the real estate certificate means that there is no right, and the sale of the house without the right is disposed of without the right.
2. How to write the public housing sale and purchase agreement.
1. Contract for the transfer of the right to use public housing: Party A's first transferor), Party B (transferee), according to the relevant regulations, both parties A and B on a voluntary, fair and compensated basis, through consultation, agree to transfer the lease right of public housing to Party B and other related matters, enter into this contract.
2. Party A transfers the lease right of the public housing (hereinafter referred to as the public housing) with an area of xx square meters (hereinafter referred to as the public housing) located in the district (county), road, lane, branch, number, room, and rental part to Party B. After negotiation and agreement, the transaction of the transfer of the public housing is:
RMB (uppercase) xx yuan. Both parties agree that the time and amount of payment shall be handled in the following agreed manner (if not agreed, it will be removed).
3. Party B shall, in accordance with the provisions of the "Trial Measures", deposit the above-mentioned price in a lump sum in the name of Party A into the bank designated by the real estate management department of the district or county where the public housing is located, and the bank shall issue a special deposit certificate for personal housing. The time of the lump sum payment shall be agreed by both parties in this contract.
4. According to the provisions of the "Trial Measures", Party B shall pay the above price directly to Party A after the review and approval of the real estate management department of the area and county where the public housing is located, and the payment time and amount shall be agreed by both parties in this contract.
5. The time and amount of payment shall be agreed by both parties in this contract. After negotiation and agreement, both parties A and B shall, within xx days from the date of signing this contract, go to the real estate transaction center of xx district and county where the public housing is located to handle the transfer procedures for the right to lease the public housing with this contract and the specified materials.
6. Both parties A and B agree to go through the procedures for changing the lease relationship of public housing with the lessor or the property management company entrusted by the lessor with the relevant materials from the date of the date on which the real estate transaction center approves and agrees to issue the "Notice of Approval of Public Housing Price Difference". Party A agrees to vacate the public housing and hand it over to Party B for acceptance and delivery within xx days after the completion of the procedures for changing the lease relationship of the public housing.
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If it is a public housing **, the buyer and seller must hold the supporting documents stipulated by the people of the city where the house is located**, that is, the purchase of public housing must first obtain the approval of the state. Next, I will tell you how to write a public housing ** contract? What do I need to pay attention to when signing a ** contract?
How to write a public housing ** contract?
Normally, public housing is also referred to as public housing, state-owned housing. Public housing refers to a type of housing built and sold by state-owned enterprises and public institutions.
At present, the public housing used by residents can be divided into two categories according to the housing reform policy: one is saleable public housing, and the other is non-saleable public housing. The above two types of houses are right-of-use rooms.
Before the public housing is not **, the property rights of the residence, that is, the right to own, dispose of, and the right to belong to the state.
The seller and the buyer of the purchased public housing sales contract, Party A's statement of rights, Party A has obtained the certificate of housing rights and certificates of rights in accordance with national regulations. The structure of the house, the floor area (subject to the floor area registered on the title certificate).
Party B declares that it is willing to enter into this contract for the purchase of the full property rights of the above-mentioned house from Party A on the premise that this contract is established, and acknowledges that it will be effective only if it is entered into under such circumstances.
What do I need to pay attention to in a public housing ** contract?
1. Before the house is handed over for inspection, the various expenses incurred by the house, such as water, gas, property, heating and other expenses shall be borne by Party A. When the house is handed over for inspection, Party A shall provide the bills for the payment of the above-mentioned fees, and both parties shall be present in person, and may also notify a third party jointly designated by both parties to be present to witness.
After the house is handed over for inspection, both parties should sign the "Inspection Form". If the original property right unit of the house requires the property and heating agreement to be signed before and after the transfer, it shall be handled in accordance with the requirements of the original property right unit.
2 ** Public housing should implement the principle of voluntary purchase, property rights to oneself, and self-care for maintenance. Where there are more than one tenant in the contract, the buyer shall be determined through negotiation; If the tenant dies or moves out of the premises, the tenant shall be changed and the purchaser shall be determined through consultation with the adult living in the same household.
The principle of first sale and lease shall be implemented in the newly allocated public housing for workers, and all public housing units that are used exclusively for complete purposes may be sold to workers and tenants who have obtained the conditions for newly allocated housing.
After signing the contract, both parties must be able to ensure that the house is in compliance with the relevant regulations and policies and regulations of the state and the listing of the house, and they must be responsible for the legality and authenticity of the house ownership certificate.
The above article is about how to write a public housing contract and what to pay attention to when signing a contract, hoping to help people in need.
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