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The purchase contract has been filed with the real estate bureau and cannot be changed.
1. The process of revoking the filing of the purchase contract is as follows:
1. If the contract has been filed with the housing management department, the housing management department shall first cancel the filing and obtain the certificate of cancellation of the filing contract.
3. If the contract is cancelled online, the two parties must reach a consensus and sign a written agreement to terminate the contract, and bring the original and copy of the contract between the two parties, the certificate of reason for revoking the contract, the application form for the revocation or change of the commercial housing sales contract, the original and copy of the buyer's ID card, the original ID card of the company's ** person, the power of attorney of the enterprise and other relevant supporting materials, and the buyer and the seller shall be present together.
4. If the information of the online signed contract is changed, the enterprise shall bring the original and copy of the contract signed by both parties, the certificate of reason for changing the contract, the application form for revocation or change of the commercial housing sales contract, the original and copy of the buyer's ID card, the original ID card of the company's ** person, the power of attorney of the enterprise and other relevant supporting materials, which shall be handled by the development enterprise on the spot.
5. The real estate market supervision department regularly accepts applications from enterprises. After review, if the conditions for contract cancellation are met, the online contract information will be cancelled in the system, and the status of the house in the real estate list will be changed to "saleable"; For those who meet the conditions for changing the contract information, it will be changed directly in the system, and the contract number of the housing online signing will remain unchanged.
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1. Can the name of the purchase contract be changedThere are two situations in which the name of the purchase contract can be changed:
1) If the contract has been filed, the name cannot be changed. According to the "Opinions on Doing a Good Job in Stabilizing Housing" promulgated by seven national ministries and commissions, it is clearly stipulated that "it is forbidden for commercial housing pre-purchasers to transfer the uncompleted pre-sold commercial housing they have purchased."
Before the completion and delivery of the pre-sold commercial housing and the pre-purchaser obtains the house ownership certificate, the real estate department shall not handle the transfer and other formalities for it; If the applicant for house ownership is inconsistent with the pre-purchaser specified in the pre-sale contract for the record, the housing ownership registration authority shall not go through the formalities for the registration of the housing ownership. "Therefore, the contract cannot be traded by changing the name after it has been filed.
2) If the buyer has signed online, the buyer and the developer negotiate, if the developer agrees, the contract must be revoked first, and after the original contract is revoked, then sign a contract with the buyer to re-file, which is okay. The most important thing is to obtain the consent of the developer, and it is necessary to determine whether the original contract is truly revoked, so that the contract for buying a house can be successfully recorded. In addition, it is not possible to change the name of a house that has already been mortgaged.
After the contract is filed, it cannot be traded by changing the name. 2. How much is the cost of changing the name of the purchase contract, and there is no fee for canceling the contract at the housing management department, but if there is a change in the cost in the specific handling process, the interpretation of the housing authority shall prevail. In addition, the developer may charge relevant agency fees in the actual operation process, etc., if the buyer thinks that it is unreasonable, you can consult the developer in detail and negotiate on this.
In today's real estate market, developers usually practice that buyers need to change their names, and they will charge a fee for changing their names, although there is no policy basis for this fee, but basically all real estate projects do this, which can be said to be an unwritten rule. Developers will generally charge the same fee for contract name changes in the following three cases:
One is that only the deposit was paid; Second, a formal contract has been signed and a down payment has been made; The third is that the contract has been signed and the mortgage procedures have been completed.
—Wan Ma Lou Shi.
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Legal analysis: The content of the purchase contract can be changed after the record is filed, but the corresponding conditions must be met. It can be negotiated with the developer, and the buyer and seller can negotiate voluntarily. Additions or modifications to the terms and contents of the contract may be made by voluntary consent of both parties.
Legal basis: Article 465 of the Civil Code of the People's Republic of China Contracts established in accordance with 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 23 of the Civil Procedure Law of the People's Republic of China Article 23 Litigation arising from contract disputes shall be under the jurisdiction of the people's court at the place where the defendant is domiciled or where the contract is performed.
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1) The perpetrator has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
Legal basis: Civil Code of the People's Republic of China
Article 143:Civil juristic acts that meet the following requirements are valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
Article 543: The parties may modify the contract by consensus.
Article 544:Where the parties are not clear about the content of the contract modification, it is presumed that the contract has not been changed.
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Whether the purchase contract has been filed or not depends on whether the local housing management department approves it. If the buyer changes his name after the house purchase contract has been filed, he needs to apply to the housing management department and obtain the consent of the housing management department.
1. What is the difference between the purchase contract and the purchase contract in the case of Bei Zhi Nianqiao?
1) The purchase contract is an agreement reached between the buyer and the real estate development enterprise on the basis of equality, voluntariness and consensus on the purchase and sale of commercial housing in accordance with the provisions of the Law of the People's Republic of China on the Administration of Urban Real Estate and other relevant laws and regulations. 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.
2) At present, most of the commercial houses sold in the property market are for a period of time, and some houses have not yet broken ground, and they have begun to make internal appointments for sale. Although the buyer has signed a purchase contract with the developer, it is difficult to guarantee whether the contract can be successfully executed. Some of them cannot apply for the property right certificate in time because of incomplete development procedures, and some are secretly mortgaged by the developer for the second time, one house and two owners, and the property rights are divided by others.
Generally, things are done in China, but any contract must be a copy for both parties, and the current purchase contract is filed online. That is to say, the contract is high and signed, and the trading center has already filed the case, and his real estate ** must also be recorded. Different cities are different, and the practice of small cities is generally like this.
The general contract is a form contract, and signing the contract is to do fill-in-the-blank questions, which can be done in advance.
2. What does the filing of the housing sales contract mean?
The filing of the contract for the sale and purchase of commercial housing is an important part of the process of housing transaction, which means that after the buyer and seller sign the purchase contract, the developer must apply to the housing authority for the filing of the contract. The filing process of the real estate contract is to sign online first and then file the record, and obtain the record number after being reviewed by the relevant departments. 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. Article 10 of the Administrative Measures for the Pre-sale of Urban Commercial Housing clearly stipulates that for the pre-sale of commercial housing, the developer shall sign a pre-sale contract with the offtaker. The developer shall, within 30 days from the date of signing the contract, go through the registration and filing procedures for the pre-sale contract of commercial housing with the real estate management department and the municipal and county people's land management department.
The purchase contract is an important procedure and proof for buying a house, and an important document to protect the rights and interests of the buyer. Only the purchase contract registered and filed by the competent authority has complete legal effect. After the registration of the purchase contract, a registration seal will be stamped on the contract, and the number on it is the contract registration number.
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Summary. The purchase contract cannot be changed after it has been filed. In principle, the information shall not be revoked or changed except in the following cases:
The staff of the real estate development enterprise made a mistake and entered the buyer's information incorrectly. Between family members registered in the index table of the permanent resident registration card in the household register. A dispute arises between the developer and the buyer due to a breach of contract by one party and the contract is to be terminated.
There are serious problems with the quality of the house. The loan procedure is not approved.
My brother-in-law bought a set of mindful ant houses, and wrote my daughter-in-law's name when he bought the house, and bought it in 19 years, and he has not yet done a house burial certificate, and now he wants to remove my daughter-in-law's name, can he still change it?
The purchase contract cannot be changed after it has been filed. Except for the following circumstances, in principle, the information shall not be revoked or changed: the staff of the real estate development enterprise Tongjing socks make a mistake and enter the buyer's information incorrectly.
Between family members registered in the index table of the permanent resident registration card in the household register. A dispute arises between the developer and the buyer due to a breach of contract by one party, and the contract is terminated. The purchase of a house is a serious problem due to the existence of quality.
The loan procedure is not approved.
So what should I do if I want to remove it now?
If it is in the process of buying and selling, you can change your name when the real estate certificate has not yet been issued.
Is there any other way?
It has been filed with the housing management office.
It is more troublesome to change the name in this way.
The first step is to buy a house first, and I need to write a written information first, that is, the contract record cancellation, the application for the name change of Zhongzao and Leak Peida, and a detailed explanation of the detailed reasons for the contract record cancellation, including the name change.
You will need your brother-in-law to write a written document first.
After that, the application is submitted to the developer, which requires the cooperation of the developer, signature and seal.
In addition, it is necessary to apply for a change of registration one month in advance.
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Summary. Hello dear, happy to answer your <>
According to your problem, the results of the analysis from a legal point of view are as follows: the purchase contract can be changed after it has been filed. It needs to be changed by mutual agreement between the parties to the contract.
Can I change the purchase contract after it has been filed?
Hello dear, happy to answer your <>
Depending on your problem, the results of your analysis from a legal perspective are as follows: the purchase contract can be changed after it has been filed. It needs to be agreed upon by both parties to the contract, and it is better to know that Li Hood will change the trouble.
Legal analysis: The purchase contract of the housing authority can be changed later, but it needs to be agreed upon by both parties to the contract. If you can't do it consistently, you can't change it.
In addition, the purchase contract that has been filed must cancel the registration of the original contract, sign a new purchase contract, and apply for a new contract registration and filing.
Legal basis: Article 10 of the Administrative Measures for the Upgrading and Pre-sale of Urban Commercial Housing shall be pre-sold for commercial housing, and the developer shall sign a pre-sale contract for commercial housing with the offtaker. The developer shall, within 30 days from the date of signing the contract, go through the registration and filing procedures for the pre-sale contract of commercial housing with the real estate management department and the municipal and county people's land management department.
The real estate management department shall actively apply network information technology to gradually implement the online registration and filing of the pre-sale contract of the commercial and commercial houses. The registration and filing procedures for the pre-sale contract of commercial housing can be entrusted to the first person. If the person is entrusted to handle it, there shall be a written power of attorney.
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Summary. Hello, dear. The purchase contract can be changed after the filing of the record.
Materials required for the filing and renaming of the purchase contract: 1. Supporting materials to be submitted for the cancellation of the contract 2. Quality appraisal report issued by the quality management department; 3. The specific cause of the dispute and the relevant certificate issued by the judicial and arbitration authorities; 4. The text of the new purchase contract for another purchase; 5. Certificate of inadmissibility of loan issued by commercial bank; 6. Proof of the liquidated damages charged by the developer and construction unit to the buyer;
Hello, dear. The purchase contract can be changed after the filing of the record. Materials required for the filing of the purchase contract and the change of name:
1. Supporting materials to be submitted for contract filing and cancellation 2. Quality appraisal report issued by the quality management department; 3. The specific cause of the dispute and the relevant certificates issued by the judicial and arbitration institutions; 4. The text of the new purchase contract for another purchase; 5. Certificate of inadmissibility of loan issued by commercial bank; 6. Proof of the liquidated damages charged by the developer and construction unit to the buyer;
To handle the filing and name change of the contract, you need to submit the supporting materials of Bu Xu: your ID card, the application for changing the name of the contract, the signature certificate confirmed by the development company, and the original of all the purchase contracts. Proof of the legal relationship between parents and children, husband and wife, marriage, household registration, etc.
The process of filing and changing the name of the purchase contract: 1The buyer intends to write an application for cancellation or name change of the contract record, and explain in detail the reasons for the cancellation or name change of the contract record; 2.
The buyer submits an application for cancellation of the contract and name change to the development enterprise, and the developer shall sign the opinion and seal the pure combustion consent;
To sum up, it can be changed, which is very troublesome.
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The purchase contract can be amended. The purchase contract shall be effective from the beginning of the establishment of the contract if there is no cause for invalidity as prescribed by law. Amendments to rights, obligations or other contents of the contract may be modified or changed as long as the parties agree through consultation.
Legal basis: Article 502 of the Civil Code of Annihilation, which came into effect in 2021.
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, it shall be in accordance with its 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.
In accordance with the provisions of laws and administrative regulations, where the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall be applied respectfully.
Article 543.
The parties may change the contract by consensus.
Article 544.
Where the parties are not clear about the content of the contract modification, it is presumed that it has not been changed.
Confirm the initialed contract first, and sign it online. After the online signature is completed, the developer will send the filing to the relevant departments for review and obtain the filing number. Then print the text of the contract, let the buyer and the seller sign and seal, and each party holds the number of copies that should be taken. >>>More
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