Is it valid if the purchase contract is not filed and delivered?

The implementation of the housing purchase contract filing system can effectively restrain developers. It can not only prompt developers to speed up the construction of houses and handle property rights certificates according to regulations, but also make buyers more assured, and well avoid many hidden dangers brought by one house and two owners for consumers. 1.

Since 2006, all sales contracts have been signed online, and the online signing is generally carried out before the online signing is carried out to ensure that the content of the contract is correct and there is no objection. After the commercial housing is signed online, the developer shall record the contract, obtain the record number after being reviewed by the relevant departments, print out the contract text, sign and seal the buyer and seller, and each hold the number of copies that should be taken. After the contract is signed, the real estate management department will return a 9-digit record number starting with 06, indicating that the contract has been successfully recorded.

2.For specific steps and details, you can consult the developer or the Property Market Division of the Housing Authority. 3.

To inquire about the contract filing and registration, you can log in to the ** commodity housing sales contract filing and registration inquiry channel, enter the ID number and contract filing registration number, and select the correct filing time.

It depends. If the purchase contract is not recorded, it cannot simply be regarded as invalid or valid. If the contract stipulates that the registration and filing procedures are the conditions for the pre-sale contract of commercial housing to take effect, it shall be handled in accordance with the agreement in principle, and the exception is that one party to the contract has fulfilled the main obligations and the other party has accepted.

If there is no agreement, this cannot be used as a statutory defence to claim that the contract is invalid.

Legal basis: Civil Code of the People's Republic of China

Article 502:Contracts established in accordance with law shall take effect upon their establishment, unless otherwise provided by law or otherwise agreed by the parties.

The house sale and purchase contract will take effect once it is signed and does not need to be recorded. However, if it is a pre-sale contract for commercial housing, it shall be registered and recorded. In accordance with the provisions of the law, if the party requests confirmation of the invalidity of the commercial housing pre-sale contract on the grounds that it has not gone through the registration and filing formalities in accordance with the laws and administrative regulations, it will not be supported.

If the pre-sale contract of the commercial housing is not recorded, it cannot be used against a bona fide third party.

Legal basis: Article 33 of the "Housing Registration Measures" to apply for the registration of the transfer of housing ownership, the following materials shall be submitted:

1) Application for registration;

2) Proof of the applicant's identity;

3) Certificate of ownership of the house or certificate of real estate rights;

4) Materials proving the transfer of ownership of the house;

5) Other necessary materials

The materials in item (4) of the preceding paragraph may be sales contracts, exchange contracts, gift contracts, bequest certificates, inheritance certificates, division agreements, merger agreements, legal documents effective by the people's courts or arbitration commissions, or other materials proving the transfer of ownership of the house.

1. Effective. If the parties to the transaction do not stipulate the conditions for the contract to take effect in the contract, the purchase contract is not recorded, and it also has the effect of the contract, that is, it is legally binding.

2. The so-called commercial housing contract registration and filing system is a procedural act that, according to the law, after the developer and the buyer of the commercial housing sign the commercial housing sales contract, the contract shall be sent to the real estate department for review and registration, and it is also the legal obligation and procedure for the developer in the transaction of commercial housing. China implements a strong preparation case registration system. If the purchase contract is signed and the record contract is not recorded, the filing is not a necessary condition for the purchase contract to take effect, so after the house sale contract is established in accordance with the law, if there is no record registration, the validity of the contract will not be affected.

Legally speaking, for the sales contract, as long as it is signed voluntarily by both parties and does not violate the mandatory provisions of laws and regulations, the contract is established and takes effect from the date of signing. If laws and regulations require registration and filing, after the contract is signed, if it is not recorded, the contract is established, but it has not yet taken effect. The contract does not need to be notarized to be effective, but the notarized contract is more valid.

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

Article 143: [Requirements for the Validity of Civil Juristic Acts]Civil juristic acts that meet the following conditions are valid:

1.The actor has the corresponding capacity for civil conduct;

2.The meaning means that it is true;

3.It does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

Article 595:A sales contract is a contract in which the seller transfers ownership of the subject matter to the buyer and the buyer pays the price.

Article 596: The contents of a sales contract generally include the name, quantity, quality, price, time limit, place and method of performance, packaging method, inspection standards and methods, settlement method, words used in the contract and its effect, etc.

Article 597:If the ownership of the subject matter cannot be transferred because the seller has not obtained the right of disposition, the buyer may terminate the contract and request the seller to bear the liability for breach of contract.

Where laws or administrative regulations prohibit or restrict the transfer of subject matter, follow those provisions.

Law of the People's Republic of China on the Management of Urban Real Estate

Article 41 For the transfer of real estate, a written transfer contract shall be signed, and the contract shall specify the method of obtaining the land use right.

Article 42 When real estate is transferred, the rights and obligations specified in the land use right transfer contract shall be transferred accordingly.

Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property

Article 38 Those who apply for registration of the right to use State-owned construction land and the transfer of ownership of houses shall, according to different circumstances, submit the following materials:

1) The certificate of the real estate property rights;

2) Contracts of sale, exchange, and gift;

3) Materials inherited or bequeathed;

4) Split or merger agreements;

5) Legal documents effective by the people's courts or arbitration commissions;

6) The approval documents of the people** or the competent department with the right to approve;

7) Proof of payment of relevant taxes and fees;

8) Other necessary materials.

If the immovable property sales contract shall be filed in accordance with the law, the applicant shall submit the recorded sales contract when applying for registration.

Legal analysis: It is valid if the following conditions are met: 1. The parties must have the corresponding capacity to conclude the contract when concluding the contract. 2. The intention of the parties to the contract is true. 3. The contract does not violate the law or the public interest.

Legal basis: Article 465 of the Civil Code of the People's Republic of China.

Contracts established in accordance with the law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

Article 470 of the Civil Code of the People's Republic of China.

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; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, 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.