Is the purchase agreement protected by law?

This agreement is protected by law, if the other party does not sell to you, that is to say, do not handle the transfer, the breaching party will compensate the innocent party with 10,000 yuan according to the contract. You are buying a right-of-use house, that is, a public rented house, and you need to get the consent of the owner when you transfer the ownership, otherwise it may not be possible to transfer the ownership, which means that if the owner does not agree, your contract cannot be performed, or the seller may think that he can solve this matter. This is also the question of whether the sales contract is valid or not.

Your agreement is voluntary, valid.

He only has 2 options:

Ten thousand to sell you the house.

2. Compensate you 10,000 yuan.

Protected by law, but not against third parties.

Isn't it, signed and drawn, do you mean public housing when you say usufruct?

Good luck. I almost forgot that his house is not a restricted trading house with small property rights, which may be invalid Please note

Is there a title deed related to the title deed This type of house is very troublesome

Administrator, you can limit it.

As long as the buyer and seller sign the purchase agreement, it is legally valid, and it will also be protected by the law, many people will require the signing of the agreement when buying a house, and the purchase contract needs to prepare at least three copies, one is the seller's, one is the buyer's, and one is to be placed in the housing authority for custody and filing.

The purpose of signing the purchase agreement is to protect your rights and interests, and if the buyer and seller have any objections later, you can use the purchase agreement to protect yourself, so you must read the terms carefully when signing the contract.

Can I check out after signing the purchase agreement?

1. If the developer fails to perform within a reasonable period of three months after being urged by the buyer, the buyer has the right to request the developer to move out and request the return of the deposit or payment of interest on the house payment.

2. After the developer mortgages or sells the house to the buyer before the first house, and then mortgages the house to others, the buyer can determine that the purchase contract is invalid and ask to move out.

3. If the developer has not obtained the pre-sale permission or the house is a common property without the written consent of other co-owners, the ownership of the house is disputed, which will also lead to the invalidity of the purchase contract, and the buyer can request to move out and compensate for the loss.

4. Judicial organs and administrative organs have ruled or decided to seal up or otherwise restrict housing rights in accordance with law.

5. If the developer's documents are incomplete, it is an illegal operation, and the contract signed with the buyer is an invalid contract. Since it is an invalid contract, the developer shall return the payment paid by the buyer.

Legal basis

Civil Code of the People's Republic of China

Article 209:The creation, alteration, transfer, and extinction of real estate rights shall take effect upon registration in accordance with the Law on Banquets and Quarrels; Without registration, it shall not take effect, unless otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 215 and the conclusion of a contract between the parties relating to the creation, modification, transfer and extinction of real estate rights shall take effect upon the conclusion of the contract, unless otherwise provided by law or otherwise agreed by the parties; If the property right is not registered, the validity of the contract shall not be affected.

Legal Analysis: Yes. If the other party fails to perform its obligations in accordance with the contract, it can directly sue and require the other party to bear the liability for breach of contract, continue to perform the contract or terminate the contract, and return the payment.

If you want to have the effect of changing the property right, according to the provisions of the Civil Code, you must go through the real estate registration in order to truly obtain the ownership of the house.

Legal basis: Article 502 of the Civil Code of the People's Republic of China A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.

Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.

Legal Analysis] The purchase agreement is legally valid if it meets the following conditions:

1. The parties to the agreement have full capacity for civil conduct;

2. The parties' intentions are genuine;

3. The content of the agreement does not violate laws and regulations and public order and good customs.

According to Article 143 of the Civil Code, which came into effect on January 1, 2021, 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.

Article 144 of the Civil Code stipulates that civil juristic acts carried out by persons without capacity for civil conduct are invalid.

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

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.

Article 144.

Civil juristic acts carried out by persons without capacity for civil conduct are invalid.

Legal Analysis] The purchase agreement is legally valid if it meets the following conditions: 1. The parties to the agreement have full civil capacity; 2. The parties' intentions are genuine; 3. The content of the agreement does not violate laws and regulations and public order and good customs. According to Article 143 of the Civil Code, which came into effect on January 1, 2021, 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 the public order and good customs. Article 144 of the Civil Code stipulates that a civil juristic act carried out by a person without civil capacity is invalid.

Legal basis] Civil Code of the People's Republic of China Article 143 A civil juristic act that meets the following conditions is 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. Article 144:Civil juristic acts carried out by persons lacking capacity for civil conduct are invalid.

Legal analysis: If the content of the agreement is not illegal, the agreement is valid, and the contract is also protected by law, if the other party does not perform its obligations in accordance with the contract, it can directly sue and require the other party to bear the liability for breach of contract, continue to perform the contract or terminate the contract, and return the house payment. The validity of the agreement is the effect of creditor's rights, and if you want to have the effect of changing the property right, you must go through the registration of real estate in order to truly obtain the ownership of the house.

However, if the content of the contract is illegal, the contract is invalid.

Legal basis: Article 217 of the Civil Code of the People's Republic of China The certificate of ownership of immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; If the records are inadvertently consistent, unless there is evidence to prove that there is an error in the real estate register of Kuansheng car, the real estate register shall prevail.

The contract of purchase is protected by law.

As long as it is a contract that is legal in form and not illegal in content, it is a legal and valid contract and needs to be protected by law. Therefore, a legal contract for the purchase of a house is protected by law, unless its content and form are illegal.

If the buyer fails to obtain the certificate of ownership of the immovable property within the following time limits due to reasons attributable to the seller, the seller shall be liable for breach of contract unless otherwise agreed by the parties:

1. The time limit for the registration of immovable property as stipulated in the contract for the sale and purchase of commercial housing;

2. If the subject matter of the contract for the sale and purchase of commercial housing is a house that has not yet been completed, it shall be 90 days from the date of delivery of the house;

3. If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, it shall be 90 days from the date of conclusion of the contract.

If there is no agreement on liquidated damages or the amount of losses is difficult to determine, it may be calculated according to the total amount of the purchase price paid and with reference to the standards for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China.

Legal basis

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts

Article 2. If the seller fails to obtain the commercial housing pre-sale permit certificate, the commercial housing pre-sale contract concluded with the buyer shall be deemed invalid, but if the commercial housing pre-sale permit certificate is obtained before the lawsuit is filed, it may be found to be valid.