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There are a lot of routines in the purchase contract, there are a lot of clauses, the developer will not write it at all, including the building materials used, the shared area, and some commitment issues, at this time you can ask him to write it, if the developer refuses your request, then do not buy the house developed by the developer.
The pooled area is the area that can be used by all owners, and refers to some public facilities and public places. These pooled areas are legally owned by the owners. If the developer rents the pooled area** or rents it to personal use without permission, then it is an illegal act.
You can sue the developer, and you can also ask the developer to compensate you, you can get your shared area back or move out.
Many people buy a finely decorated house, and the brand of materials, coatings, plates and other building materials used in the finely decorated room must be clearly recorded in the purchase contract, if anything goes wrong, so that it can be used as a certificate for rights protection in the future. You can also add some content to the contract to protect your own rights and interests, if the developer does not agree with you to add such content, then it is best not to buy his house.
The developer's sales advertisement is very attractive, and many people come to buy a house after watching the advertisement, so there must be some promises from the developer on the advertisementIf there is no such commitment in the contract, you can ask the developer to add it, so as to ensure that your rights and interests are not affected.
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In fact, there are quite a lot of routines in this, and sometimes it is the difference in words, such as deposit, deposit.
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There are many routines in the purchase contract, the most common is to conceal the actual shared area, and count the shared area as a private area.
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Because these routines are very deep, you will fall into a trap if you are not careful.
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Delivery time routine, some contracts blur the delivery time, resulting in the final failure to deliver on time.
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We all know that it is not easy to buy a house.
You must be happy, but don't be overjoyed, when signing the contract, you must pay attention to the following 4 points, and sign it after seeing it clearly, otherwise you will lose a lot of money in minutes.
1. Included taxes.
Generally, taxes and fees will be clearly written in the contract, new houses.
90 sq. m. The above house is charged, 90 flat.
The following is the receiving house.
1% of the amount, in addition to other maintenance funds, various miscellaneous clauses, etc., these must be seen clearly.
2. The deposit on the contract and the deposit should be distinguished.
If the contract is signed in the nature of subscription at the time of purchase, and it has not yet been officially released, then you must read the words on it clearly when signing the contract.
First of all, the deposit is also called the deposit, that is, the deposit is paid, if the buyer defaults, the developer has the right not to return the deposit, if the developer defaults, it is to return double to the buyer.
The meaning of the deposit is to book in advance, even if you pay the deposit later but don't want to buy it, the developer wants to return it to us without reason.
3. Before signing the contract, the developer's qualifications should be checked.
Check with the developer before buying a house"Five certificates"with"Two books"Whether it is complete, only when the developer fully meets these procedures can he be qualified to sell the house, and our legitimate rights and interests can be protected.
Five certificates"It refers to the "Construction Land Planning Permit", "State-owned Land Use Certificate", "Construction Project Planning Permit", "Construction Project Construction Permit", and "Commercial Housing".
Certificate of Sale"."Two books"The reference is to the "Residential Instruction Manual" and "Housing Quality Assurance Certificate", which should be publicized by the developer.
4. Property management company.
Article. Generally, the developer of the new house will help us find a property company in advance, in addition to signing the purchase contract, we must also sign a property company's terms and conditions, and come to the property company.
The terms and conditions should also be read clearly, including the scope of property management and the terms of fees.
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Generally many people buy houses.
Will pay more attention to how to choose the type of building, **, location, floor, etc., for some legal issues on the understanding is relatively little, so there will be a sign of the purchase contract, so much information is not carefully looked, the sales lady pointed to**you sign**, in fact, as long as you choose a few key places to check, let's take a look!
1. The buyer's final payment period, if you need a loan when buying a house, you must wait for the bank's loan approval to complete the procedures, at this time we must see the final payment deadline on the contract, and what measures are there if the bank does not exceed the time to avoid unnecessary losses.
2. First of all, on the first page of the contract, we must look at the name of the project on the contract, whether it is consistent with the name announced by the developer, and whether the address of the house is correct, and it must be accurate to the specific room.
No., the floor area of the house.
The usable area and shared area should also be checked one by one.
3. The area change exceeds the agreed range, generally speaking, the actual area specified in the contract, and the specific area error of the house we hand over can not exceed 3%, so when handing over the house, we have to ask a professional surveying company to come to the door.
Let's measure the error, and if the error is too large, you should immediately ask the developer for compensation.
4. The deposit and the deposit must be clearly distinguished, the deposit is of a guarantee nature, the developer has the right to refuse to return to you, and the deposit is just a form, even if you regret not to, we can get the money back, although it is only a word difference, but the meaning of the representation is completely different, and you will lose a lot of money if you are not careful!
5. The specific delivery date of the developer, if the developer does not deliver the house on time, what are the specific measures, these must be seen clearly, in order to legally protect our rights and interests.
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1. Incomplete documents and procedures.
The law stipulates that developers can only sell publicly after obtaining a pre-sale permit. If the developer sells you in the name of internal certification and gives you preferential treatment without getting a pre-sale license, you must be careful not to be tempted by the relatively cheap **. Because this kind of sale is not legal, if there is a problem, the purchase contract you signed is considered to have no legal effect, and it is not protected by law.
Therefore, before signing the contract, the developer should be required to present the "five certificates and two certificates", namely the "State-owned Land Use Right Certificate", "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit", and "The final payment shall be paid after the delivery and acceptance of the house.
2. Look at the supplementary contract.
At present, the purchase contract used in the market is a standard text printed by the national real estate management department, so the rights and obligations of the buyer and the developer are relatively equal. However, many developers will also prepare a supplementary contract, which we will have to look at carefully to prevent the signing of unequal treaties.
3. Pay attention to the blank space.
As mentioned above, although the purchase contract is a standard text printed by the state, many of the clauses in it can be filled in optionally, so the question is, have you paid attention to the blank space in the contract? These gaps are likely to be a reason for developers to evade liability in the event of future disputes.
4. Word games.
A contract is an expression of the agreement between the two parties, so the wording in the contract is particularly important, and strive to be precise and not ambiguous. Many developers have taken advantage of this loophole and played with words in their contracts. For example, "if a problem occurs, it will be solved in the shortest possible time" does not clearly indicate that this is a reason for the developer to justify prevarication.
Regarding the payment method and date, we should pay attention to the following issues.
First, if you make a one-time payment, you can negotiate with the developer to keep about 5 of the house payment, and then pay the balance after the formal delivery and acceptance.
Second, if the bank loan does not reach the developer's account within the agreed time, according to the contract, the buyer will have to pay the corresponding amount of liquidated damages, so we should give ourselves more time in terms of payment time. In addition, to avoid trouble, we can understand the time it will take to lend money before signing a formal purchase contract.
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1. Deposit clause traps.
Generally, in the process of buying a house, in order to ensure that the transaction is completed, the buyer will be required to sign a letter of intent with a deposit clause, and the buyer needs to read the deposit terms carefully, because if the transaction does not fall through due to your personal reasons, it may be difficult for you to get the deposit back. In addition, if there are terms that you find unreasonable or unclear, you can ask the other party to modify or delete them.
Second, the house area trap.
Agents or sellers sometimes make a fuss about the size of the house in order to pursue the maximum profit, and will declare exemptions in the terms of the contract, so it must be handled with caution. When signing the contract, the buyer can let the other party clearly write out the shared area and the area in the suite, and require a shared floor plan of the whole building or community to be attached to the contract, and at the same time agree on the handling method when the construction area remains unchanged but the construction area in the suite is incorrect, and the shared area and the building area in the suite are changed.
3. Housing quality traps.
At present, the problem of housing quality is more common in the off-plan housing transaction contract, because the house as a commodity, the purchase period is longer, the transaction procedures are cumbersome, and the factors related to it are complicated, so that it is difficult for buyers to distinguish the reality of the purchased goods when signing the contract to buy the house, and only after the delivery of the house, the problem is revealed. Therefore, when signing the contract, the buyer must remember to ask for the quality problem to be written clearly in black and white, so that the problem can be relied on to seek justice when the problem occurs.
4. Liability trap for breach of contract.
Many agents or sellers will take advantage of the buyer's unfamiliarity with the transaction process and the lack of knowledge of the relevant laws and regulations related to the transaction, so they will do tricks in the purchase contract, such as formulating unequal terms of liability for breach of contract. Therefore, buyers must carefully read the terms of the contract and clarify the liability for breach of contract.
5. Housing ownership traps.
A real estate contract may involve a wide range of legal knowledge, whether it is a transfer, a loan, or a deposit, all of which need to be reflected in the contract, and of course, the ownership of the house is no exception. However, there is a property ownership trap in the contract, and the seller may not be the sole owner of the house, but the co-owner is not specified in the contract, in which case the contract may be invalid, so the buyer needs to remember to verify the ownership of the house.
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Generally, many people buy a house, will pay more attention to how to choose the house type, **, location, floor, etc., for some legal issues on the understanding is relatively little, so there will be a sign of the purchase contract, so much information is not carefully looked, the sales lady pointed to **you sign**, in fact, as long as you choose a few key places to check, let's take a look!
1. The final payment period for buyers, if you need a loan when buying a house, you must wait for the bank's loan approval to complete the procedures, at this time we must see the final payment deadline on the contract, if there are any measures beyond the time, etc., to avoid unnecessary losses.
2. First of all, on the first page of the contract, we must look at the name of the project on the contract, whether it is consistent with the name announced by the developer, and whether the address of the house is correct, it must be accurate to the specific room number, and the construction area, usable area, and shared area of the house must also be checked one by one.
3. The area change exceeds the agreed range, generally speaking, the actual area specified in the contract, and the specific area error of the house we hand over can not exceed 3%, so when the delivery of the house, we must ask a professional surveying company to measure the error, if the error is too large, we must immediately ask the developer for compensation.
4. The deposit and the deposit must be clearly distinguished, the deposit is of a guarantee nature, the developer has the right to refuse to return to you, and the deposit is just a form, even if you regret not to, we can get the money back, although it is only a word difference, but the meaning of the representation is completely different, and you will lose a lot of money if you are not careful!
5. The specific delivery date of the developer, if the developer does not deliver the house on time, what are the specific measures, these must be seen clearly, in order to legally protect our rights and interests.
You can get it for free
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Legal analysis: The tricks and pitfalls in the purchase contract include: 1. The seller does not have the property right of the house in the second-hand house sales contract; 2. There are clauses in the purchase contract that unreasonably reduce the seller's liability and increase the buyer's obligations3. There may be unreasonable exemption clauses in the contract; 4. Fill in the false housing co-ownership and shared area in the contract for lack of goods and hail.
Legal basis: Civil Code of the People's Republic of China
Article 6: Civil entities engaging in civil activities shall follow the principle of fairness and reasonably determine the rights and obligations of all parties.
Article 7: Civil entities engaged in civil activities should follow the principle of good faith, uphold honesty, and abide by their promises.
Article 506: The following exemption clauses in the contract are invalid: (1) causing personal injury to the other party; (2) Intentionally or grossly negligently causing damage to the other party's property.
Everything is subject to the written contract, if what is said in the mouth is inconsistent with the written contract, you can ask to change it to consistency, otherwise the sales contract will not be signed.
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