If the date of signing is not written on the purchase contract, is it a breach of contract if the de

This situation counts as a breach of contract by the developer. As long as the other party fulfills the relevant contractual obligations within the time limit stated in the contract, the developer cannot be held liable for breach of contract, but the law stipulates that if the seller fails to obtain the pre-sale permit certificate of the commercial housing, the pre-sale contract of the commercial housing entered into with the buyer shall be deemed invalid.

Legal analysisThe purchase contract has been signed and has legal effect, unless it is a contract with conditions and a period of validity. For example, there must be a payment date and a delivery date on the house sale contract, and the signing time must be earlier than the payment time and delivery time according to daily habits. What is included in the purchase contract:

1. The basic information of the parties; 2. The location, type, number of rooms, structure, quality, area, ancillary equipment, etc.; 3. If the amount of the house price and the valuation standard are unified by the state, the national statutory provisions shall be implemented, and if there is no unification, the buyer and the seller shall negotiate with reference to the assessment; Fourth, the time and method of payment, etc.; 5. The date of completion and delivery of the house; 6. Relevant provisions on the transfer, registration and other formalities of housing property rights; 7. Liability for breach of contract; 8. Matters agreed upon by other parties, such as the conditions for the contract to take effect, the handling of force majeure events, etc.; 9. The date, place, signatory, etc. of the contract. Sign a formal purchase contract, at the proposed time and place, the buyer prepares all the vouchers and formally signs the purchase contract with the developer or businessman. The difference between pre-sale contract off-plan and ** contract existing house:

The purchase contract generally includes two types: the pre-sale contract of commercial housing, the off-plan house and the commercial housing sales contract.

Legal basisArticle 186 of the Civil Code of the People's Republic of China: Where the personal rights and interests or property rights and interests of the other party are harmed due to a breach of contract by one of the parties, the injured party has the right to choose to request that it bear liability for breach of contract or tort liability.

This really can't be counted, because there is no date on the purchase contract, which means that the elements of this contract are incomplete, and it is basically an invalid contract. Since it is an invalid contract, there is no breach of contract.

If the developer does not file for breach of contract, the specific time should be specified according to the time specified in the contract. As long as the other party performs the relevant contractual obligations within the time limit stated in the contract, the developer cannot be held liable for breach of contract, but the seller has not obtained the commercial housing pre-sale license certificate, and the commercial housing pre-sale contract concluded with the buyer shall be deemed invalid, but if the commercial housing pre-sale license certificate is obtained before the lawsuit, the contract may be deemed valid.

Legal basisArticle 45 of the Law of the People's Republic of China on the Administration of Urban Real Estate.

The pre-sale of commercial housing shall meet the following conditions:

1) All land use right transfer fees have been paid and land use right certificates have been obtained;

B) holding a construction project planning permit;

3) According to the calculation of the pre-sold commercial housing, the funds invested in the development and construction of the project have reached more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery date have been determined;

4) Go through the pre-sale registration with the people's ** real estate management department at or above the county level, and obtain the pre-sale license certificate of commercial housing.

The pre-seller of commercial housing shall, in accordance with the relevant provisions of the state, submit the pre-sale contract to the people's real estate management department and land management department at or above the county level for registration and filing.

The proceeds from the pre-sale of commercial housing must be used for the construction of relevant projects.

What are the conditions for the contract to come into force.

1. The parties have the corresponding ability to conclude the contract;

2. The meaning is true;

3. Do not violate the law and social public interests;

4. Contracts with effective conditions or deadlines, and the conditions are fulfilled or the deadlines are reached;

5. Contracts that are subject to approval, registration and other formalities stipulated by laws and regulations, and the completion of formalities.

Take out your contract and turn to the page of the breach clause, is there a clear agreement in it that 30 is considered a breach of contract if it is not filed? Yes, then count, no, then don't count.

Then look at the agreed way to deal with breach of contract, which is to pay liquidated damages.

Or is it possible to check out? If it is not clearly written that 30 days of failure to file is considered a breach of contract, and you can move out or cancel the contract, then even if you sue the developer, the court will not support your claim to move out, but the court will support your claim for liquidated damages from the developer.

In accordance with the Contract Act

It stipulates that since the parties have agreed on the specific conditions for moving out, and the buyer has evidence to prove that the condition is true, the buyer can notify the developer to terminate the contract. In this case, once the owner sues, even if the developer prevaricates, it will be upheld by the court.

Liquidated Penalty for Departure:

Liability for breach of contract. Subject to contractual and legal provisions, the agreement takes precedence. Therefore, if the contract stipulates the liability for breach of contract and specifies the specific amount of liquidated damages, it shall prevail; If there is no agreement, it will be handled in accordance with the law, such as paying a deposit.

If one party breaches the contract, the deposit will not be returned; If the party collecting the deposit defaults, the deposit will be refunded twice.

Where both parties are at fault, share them according to the degree of their respective faults. If the liquidated damages are insufficient to make up for the losses, the breaching party may be required to compensate for the losses suffered by the other party; If the liquidated damages are too high, you may also request a reduction in the amount of compensation.

If the developer does not file the record, it will be regarded as a breach of contract. As long as the other party performs the relevant contractual obligations within the time limit stated in the contract, the developer cannot be held liable for breach of contract, but the seller has not obtained the commercial housing pre-sale license certificate, and the commercial housing pre-sale contract concluded with the buyer shall be deemed invalid, but if the commercial housing pre-sale license certificate is obtained before the lawsuit, the contract may be deemed valid.

The precautions for buying a house are as follows:

1. Avoid deposit traps. When paying the deposit for the purchase of a house, you should pay attention to see whether it is a deposit or a deposit, usually the deposit is non-refundable, and the deposit can be refunded, so you must read the contract clearly and distinguish the difference between the two;

2. When buying a house, you should pay attention to the area of the house, go to the site to see, not just look at the model house, because usually the area of the model house will be relatively large, and the pattern will be better;

3. Verify the property rights of the house. When buying a house, you should pay attention to the property rights of the house, especially when buying a second-hand house, you need to know whether the house has a public property owner, and all property owners need to sign and agree to the house purchase contract to be valid;

4. Check the quality of the house. When buying a house, you should go to the construction site to check to see if the house under construction is not good, and the building materials used are not up to standard;

5. Verify the strength of the developer. When buying a house, it is necessary to pay attention to the choice of a powerful developer, and choose a developer with five complete certificates, which refer to the "Construction Permit", "State-owned Land Use Certificate", "Construction Project Planning Permit", "Commercial Housing Sales License" and "Construction Land Planning Permit".

Article 6 of the Administrative Measures for the Pre-sale of Urban Commodity Housing implements a licensing system for the pre-sale of commercial housing. For the pre-sale of commercial housing, the developer shall apply for a pre-sale license from the real estate management department and obtain the "Commercial Housing Pre-sale License".

If the "Commercial Housing Pre-sale License" has not been obtained, the commercial housing pre-sale shall not be carried out.

Article 7 The development enterprise shall submit the following documents (copies) and materials to apply for a pre-sale license:

1) Application form for pre-sale permit of commercial housing;

2) The business license and qualification certificate of the development enterprise;

3) Land use right certificates, construction project planning permits, and construction permits;

4) Proof that the proportion of funds invested in development and construction in the total investment in the construction of the project meets the prescribed conditions;

5) the construction contract and the description of the construction progress;

6) Pre-sale plan for commercial housing. The pre-sale plan shall explain the location, area, completion and delivery date of the pre-sold commercial housing, and shall attach a layered floor plan of the pre-sold commercial housing.

Legal analysis: The date of signing the purchase contract generally does not have any impact on the rollover.

1. Get the purchase contract within 30 days after buying the house: After the buyer signs the purchase contract with the developer, the developer must take the contract to the housing authority for filing, but because the developer often accumulates a certain number of contracts in hand before going to the housing authority for centralized filing, but the longest should not be completed for more than 30 days;

2. Within 30 days from the date of the "Commercial Housing Sales Contract", the real estate transaction management department shall apply for the filing procedures for the pre-sale contract of the commercial housing;

3. Depending on the completeness of the information provided by the buyer, the real estate registration department can handle the housing registration and filing procedures within 7 working days. For those who meet the conditions for the filing of the contract, the real estate registration department shall inquire and publicize it on the real estate market information network.

Legal basis: Article 509 of the Civil Code of the People's Republic of China The parties shall fully perform their obligations in accordance with the agreement.

The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.

The parties shall avoid wasting resources, polluting the environment and damaging the ecology during the process of performing the contract.

The developer's failure to file is considered a breach of contract by the developer. As long as the other party fulfills the relevant contractual obligations within the time limit stated in the contract, the developer cannot be held liable for breach of contract, but the law stipulates that if the seller fails to obtain the commercial housing pre-sale license certificate, the commercial housing pre-sale contract concluded with the buyer shall be deemed invalid, but if the commercial housing pre-sale license certificate is obtained before the lawsuit, the contract may be deemed valid.

Article 186 of the Civil Code provides that if the personal rights and interests and property rights and interests of the other party are damaged due to the breach of contract of one of the parties, the injured party has the right to choose to request it to bear the liability for breach of contract or tort liability.

1. What are the consequences of buying a house in full without signing online?

If you buy a house in full without signing online, it is easy to have a situation where one house is sold twice or one house is sold more than once, and the legitimate rights and interests of buyers are not protected. After signing the contract, the buyer and the seller should go to the housing management office for the record, and then publicize it online. The housing management office will give the buyer an online signature number, through which you can check the housing information online.

2. What are the precautions for buying a house?

1. Avoid deposit traps. When paying the deposit for the purchase of a house, you should pay attention to see whether it is a deposit or a deposit, usually the deposit is non-refundable, and the deposit can be refunded, so you must read the contract clearly and distinguish the difference between the two;

2. When buying a house, you should pay attention to the area of the house, go to the site to see, not just look at the model house, because usually the area of the model house will be relatively large, and the pattern will be better;

3. Verify the property rights of the house. When buying a house, you should pay attention to the property rights of the house, especially when you buy a second-hand house, you need to know whether the house has a public property owner, and all property owners need to sign and agree to the purchase contract to be valid.

4. Check the quality of the house. When buying a house, you should go to the construction site to check and see if the house under construction is not good, and the building materials used are not up to standard.

5. Verify the strength of the developer. When buying a house, it is necessary to pay attention to the choice of a powerful developer, and choose a developer with five complete certificates, which refer to the "Construction Project Construction Permit", "State-owned Land Use Certificate", "Construction Project Planning Permit", "Commercial Housing Sales (Pre-sale) License" and "Construction Land Planning Permit".

Legal analysis: The developer's failure to file is considered a breach of contract by the developer. As long as the other party fulfills the relevant contractual obligations within the time limit stated in the contract, the developer cannot be held liable for breach of contract, but the law stipulates that the seller has not obtained the commercial housing pre-sale license certificate, and the commercial housing pre-sale contract signed with the buyer shall be deemed invalid, but if the commercial housing pre-sale license certificate is obtained before the lawsuit, the contract may be deemed valid.

Legal basis: Article 186 of the Civil Code provides that if the personal rights and property rights and interests of the other party are harmed due to the breach of contract of the party, the injured party has the right to choose to request it to bear liability for breach of contract or tort liability.