What should I do if the sales contract says one thing in my mouth, but what should I do if I have on

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.

The sales contract, if it says that one set of contracts is another set, the written contract shall prevail. Only a written contract has legal effect.

You buy a contract, take a look at the terms of the contract carefully, there is no change in the terms, or the two parties need to change the place to negotiate and change until both parties have no opinion. Don't listen to what it says is useless, just the content of the contract.

Generally speaking, you can only execute according to the signed contract, unless you have sufficient evidence to prove the set of the said, so most of the time you can only suffer from experience.

The sales contract is subject to the written contract, which is protected by law, and what is said is not protected by law.

The contract will only take effect after the final signature and seal of both parties, regardless of what is said in the mouth, the final contract shall prevail.

What is said in the mouth is not time-sensitive, it can only be said to be a process of early communication, and it will still be implemented in the contract.

Everything is subject to the written contract, what is said in the mouth is invalid, if one party is not satisfied, you can re-sign the contract and obtain the consent of both parties, it is best to go to the notarization.

There is no basis for words, and it must be implemented according to the paper contract!

When signing the contract, carefully read the terms and conditions, and sign if you think it is reasonable, otherwise you will refuse to sign, so that it will not constitute a loss.

The sales contract is based on the contract;

The contract has the signature of Party A and Party B on it, which has legal effect;

As for the oral contract, the sale does not form a paper contract and has no legal effect.

According to what you said, the developer does not give the purchase contract, which is not possible.

After the loan is repaid, you will not get a contract: if the loan is 20 years, after 20 years, you want a contract, who do you go to? Is it possible that that developer of yours exists?

It's just that it exists, will it help you save 20-30 years?! The bank will not give you the purchase contract, because the purchase contract is the most important legal text for the establishment of your loan contract, and the bank will not return it, and it must be filed.

I guess that the developer does not give you the purchase contract, mainly because the number of copies of the purchase contract is not enough.

Think about it, hundreds of thousands or millions of transactions, the buyer does not have the original contract, is it possible?!

If you want to find a developer, you must give you an original purchase contract, otherwise you will find the developer's competent unit, or the real estate department, and you can also go to the Consumer Committee of the Industrial and Commercial Bureau to ask the relevant department to deal with it.

Nothing.

You take your personal ID card to the housing transaction center to check whether you have a contract and filing for the purchase of this house, and at the same time go to the bank to ask you about the loan. If there is, it's fine, if not, it's something, hurry up and check it out!

I hope it can help you, and if you have any questions, continue to ask!

The money is a loan from the bank, and it has nothing to do with the developer, as long as you sign a sales contract with him, he should give you an original contract, and there is no reason and basis for only providing a copy to you.

Dear, there must be these things, the purchase contract, the bank's loan contract, and the bank's mortgage contract, you must take the original contract, and the real estate certificate is a copy.

Hello: According to the principle of ensuring the security of transactions, the issue of bona fide acquisition must be considered, because if the third party does not acquire in good faith, the contract is invalid; The contract is valid when obtained by a third party in good faith.

Client: Recently, my wife and I are considering changing houses, after careful selection, my wife and I have a soft spot for a set of second-hand houses, whether it is the room type, community, decoration, or **, area, transaction conditions, etc. are very satisfied, and there is a key middle school nearby, which is also very convenient for children who are about to enter junior high school. However, the agency told us that there were four hukou in the house, and we expressed our concern, and the Shangjia verbally promised that we would definitely be able to move out of the hukou, but we were still not at ease.

Excuse me, what should we do if the previous family does not fulfill its promise and refuses to move out of the hukou? How can we protect our rights and interests before signing a sales contract?

Nakahara: Although the hukou problem is a small problem that is not very noticeable in the whole process of second-hand housing transactions, it will cause big problems if it is not handled well. Because household registration management is within the scope of administrative management of the public security department and does not fall within the scope of civil cases accepted by the court, the court usually does not accept cases in second-hand housing transactions where only moving out of the household registration is a litigation claim.

Therefore, in this case, even if the previous family promised to move out of the household registration in advance, if you do not fulfill the promise, you cannot apply for forced eviction through the court. In addition, the public security department also stipulates that the person must do the work in person, and others cannot go through the procedures for moving out of the household registration without the authorization of the person, so it is difficult to obtain support for unilaterally submitting a request to the public security department to move out of the household registration. Therefore, in the face of this problem, you can only accept the fact that you cannot move out of the hukou.

Based on the above, we suggest that you need to pay special attention to the handling of the hukou issue when signing the sales contract, you can set the hukou as a prerequisite for the transfer of property rights, that is, the first move out of the hukou and then the transfer, and you can set the previous home must move out of the hukou within a certain period of time, otherwise you need to bear a certain amount of liability for each day of overdue (the amount or calculation method of the liability must be specified and specified), and it is best to agree that you have the right to unilaterally terminate the sales contract after the overdue exceeds a certain period of time (need to be specific). and bear a certain amount of liability for compensation. In this way, you can not only solve the hukou problem before the transfer, but also claim compensation from the court when the previous family does not move out of the hukou (at this time, the litigation claim is no longer to move out of the hukou but to claim the liability for compensation if it is not moved out of the time limit, and the court will accept it), and you can also completely solve the passive situation of the previous family hukou for a long time by terminating the contract. Legal Support:

Luo Yongcheng, Legal Department of Centaline Real Estate.

Established, but not effective.

Contract Law of the People's Republic of China.

Article 32 Where the parties conclude a contract in the form of a written contract, the contract shall be concluded when both parties sign or affix their seals.

The agreement complies with the provisions of the Contract Law and has legal effect, and A has no right to repudiate it.

If the contract has been signed, it is established.

1. This contract should pay attention to the responsibility of the homeowner when the house is not settled, not you. In addition, the liability for breach of contract must be clearly stated, because there is no transfer, there is no legal guarantee, the price of the house will increase in the future, if he does not sell it by then, how much will be compensated to you. This is very important

2. It does not affect your household.

3. It does not affect.

4. Pay attention to the reminder of the first article.

Second-hand housing transactions are now the focus of widespread attention in the society, and with the high housing prices, people are choosing more and more second-hand houses. However, if you buy a second-hand house with unclear property rights, you may lose both people and money.

Although the contract for the sale and purchase of second-hand housing does not need to be as comprehensive as the contract for the sale and purchase of commercial housing, it should be clearly agreed on some details, such as: the subject of the contract, the guarantee of rights, the price of the house, the transaction method, the liability for breach of contract, dispute resolution, the date of signing, etc.

Other precautions for second-hand housing transactions:

1. Whether the property rights of the house are clear.

First of all, it is necessary to see whether the property rights of the house are clear. If there are several co-owners of a house, such as the heirs, the family, or the husband and wife, the buyer shall sign a contract for the sale and purchase of the house with all the co-owners. If only some of the co-owners dispose of the common property without authorization, the sales contract signed between the buyer and the buyer is generally invalid without the consent of the other co-owners.

2. Whether the housing procedures are complete.

The title deed is the only proof that the owner has ownership of the house, and there is a great risk for the buyer that the buyer will not get the house when the house transaction without the title deed is carried out. The homeowner may have a title deed and mortgage or resell it, even if it is not obtained in the future. So it's best to choose a house with a title deed to trade.

Don't buy a house with no title or unclear title, whether it's internal or not, it's best to write a contract that violates the law

Something like** If it's long enough, then wait until it's time to sell and buy it.

However, write down the contract, the other party will return the deposit twice if you breach the contract, and you don't want to pay the deposit back if you breach the contract.

Paragraph 1 of Article 3: Where one of the parties claims that the contract is invalid on the ground that the seller does not have ownership or right to dispose of the subject matter at the time of conclusion of the contract, the people's court shall not support it.

Paragraph 2: Where the seller fails to transfer the ownership of the subject matter due to its failure to obtain ownership or the right to dispose of it, and the buyer demands that the seller bear liability for breach of contract or rescind the contract and claim damages, the people's court shall uphold it.

2. The purpose of this judicial interpretation is to straighten out the relationship between Article 51 and Article 132 of the Contract Law in accordance with the spirit of Article 15 of the Property Law on the distinction between changes in property rights and results.

The contract is regulated by the Contract Law, and the change of property rights is regulated by the Property Law.

In the legal relationship of the sales contract, the act of sale is the cause of the change of property rights, and the transfer of ownership is the result of the change of property rights. One party does not have the right of ownership or disposition at the time of the conclusion of the contract, which does not affect the validity of the contract. However, whether the change in property rights can occur depends on the subsequent status of one party, and in this process, the change in property rights is in a state where the effect is pending.

Therefore, the opposing party cannot claim that the contract is invalid on the ground that one party does not have the right of disposition or ownership at the time of the conclusion of the contract.

If the seller does not have the right to dispose of the property, you cannot claim that the contract is invalid, but that the contract is breached or terminated to compensate for damages.

Theoretically, this is a means of tax avoidance and is feasible. However, there are also risks, mainly because the property does not perform the contract, and when the contract is broken due to the appreciation of the property, it can only bear the loss of breach of contract, which means that this method cannot guarantee that the property can be transferred.

The house belongs to the immovable property registered in the property right, and the property ownership certificate is only a certificate of registration, and the seizure of the property right certificate has no effect, and the property right registrant has a number of ways to turn the property right registration certificate held by others (non-property rights registrant) into waste paper.