What procedures do I need to go through to buy a house that has been subscribed by someone else?

To buy a house subscribed by someone else, all the formalities such as the subscription agreement or subscription contract signed are someone else's, and you need to change it to your own name, and the future real estate certificate can be completed in your own name. You need to discuss with the developer, especially the specific person of the developer, such as the accountant, the head in charge of the materials, etc., the developer agrees, you need to pay the house money in your name again, and the developer has the bank's payment voucher to return the original house money to you, and the deed tax of the house is also done in the same way. There is a letter of intent for conversion when someone else subscribes, this contract must have the signature of the property right, and if you have been married, both people must agree, attach a copy of your ID card, marriage certificate, household registration booklet and other documents, and the developer needs all the materials to change the house purchase agreement, the house purchase agreement, the payer and other procedures have been replaced with your name, and the real estate certificate can be your name in the future.

If the house is not sold, you buy and the rest is the responsibility of the sales department. If someone else has paid a deposit, you may be in a three-way civil dispute if you are buying. You think clearly for yourself in buying.

To buy a house that someone else has subscribed for, you need to go to the sales department to inquire in detail about what procedures are required, which is different from the procedures for second-hand housing

I haven't bought it, I don't know, you can go up to buy a house and ask.

Legal analysis: The conditions required for housing subscription are: the parties have the ability to write and prove, and the intention is voluntary and true; The content of the housing subscription is legal and the delay is in accordance with the law; The establishment of a housing subscription relationship shall not maliciously collude to harm the interests of the state, the collective or a third party, and shall not cover up the illegal purpose in a lawful form.

Legal basis: Article 143 of the "Civil Code of the People's Republic of China" The following conditions are valid:

1) The actor 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.

The conditions for the validity of the house subscription letter are:

1. The intention of the subscription letter is true and reflects the voluntary principle of the parties;

2. It does not violate the law or the public interest;

3. The actor has the corresponding capacity for civil conduct.

Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

[Legal basis] Duan BangArticle 148 of the Civil Code.

If one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to the true intention of the sale, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

Article 143.

Civil juristic acts that meet the following conditions 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.

It is not necessary to sign a subscription letter, and China's law does not clearly stipulate that buyers must sign a subscription letter before signing a formal sales contract.

1. What is the process of purchasing a commodity empty sectional room?

The process of buying a commercial house is:

1. To confirm whether the developer has a real estate company with legal procedures, the key is to check whether there is a pre-sale license for commercial housing;

2. Then sign the subscription letter, pay the deposit, when signing the formal purchase contract, because the terms of the agreement are not reached, the seller should return the deposit, the buyer in the sales office after signing the subscription, should be in the sales office to sign a formal sales contract;

3. Finally, go through the pre-sale registration and transfer of Douyu, check in, and the developer finally handles the real estate transfer procedures for the owner, and finally handles the real estate certificate.

2. Is the commodity subscription a purchase contract?

The subscription letter is not a purchase contract, the purchase letter is to prepare for the signing of a formal purchase contract. In accordance with the law, the purchase letter will be converted into a purchase contract, in which case the purchase letter is equivalent to the purchase contract.

The subscription letter and the contract for the sale and purchase of commercial housing belong to the relationship between the reservation and this contract, and the subscription letter for commercial housing stipulates the basic matters of the contract for the sale and purchase of commercial housing.

3. Whether it is necessary to sign a subscription letter to buy off-plan housing.

Chinese law does not clearly stipulate that buyers must sign a subscription letter before signing a formal pre-sale (sales) contract. The legal significance of the subscription letter lies in the fact that, after all, it is a written agreement on the agreement of the two parties, and once signed, it is naturally legally binding, and the signatory must be responsible for and bound by it. If the subscription book has made clear provisions on the room number, area, **, and the rights and obligations of both parties, then it can be considered that the subscription letter is a sales contract, and the formal contract signed by the two parties is just a concretization of the content agreed in the subscription letter; If the subscription does not specify the main terms, the subscription does not have the nature of a sales contract and can be regarded as a letter of intent between the parties, but it still has legal effect.

Civil Code of the People's Republic of China

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.

Families who meet the following conditions can be given priority purchase:

1) Households without housing in the city (including both husbands and wives and minor children), of which single persons must be at least 25 years old.

For example, file 2) Families waiting for affordable housing and price-limited commodity housing.

The property subscription process is as follows:

1. Housing selection: Housing selection is to choose the location, the house price, the real estate, and the house type, and these four factors are the primary considerations for choosing a house.

2. Viewing the house: The on-site viewing depends on the hardware conditions of the real estate.

3. Sign the subscription letter: choose the first day, see the house on the spot, and negotiate the first day, and then sign the subscription book. A certain deposit is required when signing the subscription letter (recognize the difference between a deposit and a deposit).

Fourth, there are several points to pay attention to when signing a house purchase contract:

1.The contract can be written by the developer;

2.The developer's verbal commitment is written into the contract;

3.The contract stipulates the delivery conditions;

4.Delete the "but not limited to" of "including but not limited to" in the "force majeure agreement" clause, and it is better to also stipulate that "when the delivery of the house is delayed due to municipal reasons, the supporting documents of the relevant departments shall be submitted";

5.At the same time as signing the purchase contract, the developer is required to present the "Property Management Convention" filed by the community office.

5. Payment: Generally, there are three payment methods, one-time full payment, installment payment and bank mortgage payment, and bank mortgage payment is the majority.

Sixth, the house inspection: mainly to look at the wall, water and electricity, waterproof, level, floor height; Inspection of doors and windows, etc.

a. The "Residential Quality Assurance Certificate" of the house (the original stamped copy can be taken away);

b. "Residential Instruction Manual" (the original stamped copy can be taken away);

c. "Completion Acceptance Record Form" (original seal);

d. Area measurement table Surveying and mapping unit measured area details (can be a copy but there must be a chapter);

e. As-built drawings of pipeline distribution (water, strong electricity, weak electricity, structure) Project completion drawings or construction drawings of the design unit (can be taken away);

f. "Construction Engineering Quality Certificate";

g. "Comprehensive Acceptance Certificate for the Completion of Real Estate Development and Construction Projects";

h. Indicate "the condition of the building is unknown" when signing;

i. Check whether the other additional conditions specified in the contract have been met.

It is not necessary to sign a house purchase letter before buying a house, and both parties can decide for themselves. The house purchase letter is an agreement signed by the buyer and seller of the commercial house before signing the pre-sale contract or the sale and purchase contract, the purpose of which is to stipulate that the two parties will sign the house sale contract in the future, and it is not a legal step to sign the contract.

[Legal basis].Article 5 of the Interpretation on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing.

If the agreement on the subscription, ordering, and reservation of a commercial house has the main content of the commercial housing sales contract as stipulated in Article 16 of the Administrative Measures for the Sales of Commodity Housing, and the seller has already accepted the purchase price in accordance with the agreement, the agreement shall be deemed to be a commercial housing sales contract.

Article 16 of the Administrative Measures for the Sales of Commercial Housing.

When selling commercial housing, the real estate development enterprise and the buyer shall enter into a written contract for the sale and purchase of commercial housing.