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1. Only the house sale contract signed by one of the husband and wife is completely valid. This is because both husband and wife have equal rights to dispose of joint property.
2. Paragraph 2 of Article 17 of the Marriage Law stipulates that husband and wife have equal rights to dispose of jointly owned property.
3. Article 17 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates: Article 17 of the Marriage Law stipulates that "the husband or wife shall have equal rights to dispose of the property jointly owned by the husband and wife".
(a) The husband or wife has equal rights in dealing with the joint property of the husband and wife. Either party has the right to decide on the disposition of the joint property of the husband and wife for the needs of daily life.
2) Where a husband or wife makes an important decision on the disposition of the joint property of the husband and wife other than for the needs of daily life, the husband and wife shall negotiate on an equal footing and reach a consensus. Where others have reason to believe that it is an expression of the common will of the husband and wife, the other party must not oppose the bona fide third party on the grounds that they do not agree or do not know.
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Unless it is your spouse's pre-marital property, she has the right to dispose of it separately, otherwise it is joint property as marital property, and it can only be disposed of by agreement between the husband and wife, and unilaterally signing a contract of sale is invalid.
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In general. Signing a contract of sale with an agent is. A deposit will be paid, and if you break the contract, your deposit will be given to the buyer.
Since your wife has already received the buyer's deposit, you will definitely have to pay the other party a fee for breaking the contract. This is a contract, and it is a binding on both parties.
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The house belongs to the joint property of the husband and wife, and one of the parties has no right to dispose of it, so it must be agreed by both husband and wife, so it is invalid.
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Invalid, the contract must be signed in the presence of both husband and wife for the contract to be valid.
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I wonder what the situation of this property is? Is it pre-marital or post-marital property? If it is the property of the spouse of the homeowner, it has the right to buy and sell the property, and it is valid!
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If it is not valid, you are the owner of the house, and it is not legally valid without the signature of both your husband and wife!
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Generally speaking, the house is the joint property of the husband and wife, and any single spouse does not have the right to buy or sell the house, and the signed agreement should also be invalid.
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I think if it's you, your spouse means that the contract of sale with the agent is not valid, you have to consult a lawyer.
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You are the homeowner. But your spouse sold the house. and the intermediary signed the sales contract. A deposit was also collected. Even if you are a homeowner, don't sell it. Maybe you will pay liquidated damages. Otherwise, it won't be solved.
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If your name is on the title deed, the sale agreement signed by someone else is invalid.
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I can't sell this house, I can't sell it until I sign it.
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It's good to return the deposit to the other party twice.
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The professional consultant does not have this right if he or she does not accept a notarized commission from the principal. First of all, this contract is not established. If a party suffers a loss, the party may sue him for fraud.
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It has no legal effect on the owner.
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Personnel in the industry is called a warping order, as long as it is done well, there will be no problem, otherwise it will be corrected by law.
This depends on the plot, whether it is serious or not
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The real estate consultant of the sales department shall not bear legal responsibility for its oral publicity and promises. Because the verbal publicity and commitment of the real estate consultant in the sales department is not the sales advertisement and promotional materials of the commercial house, but only the sales strategy, just as the salesperson should boast that his goods are the best in the world, there is a difference between oral sales promotion and written sales advertisements and promotional materials.
At the end of the real estate sales contract, a written contract must be signed, and the signing of the written contract itself is agreed by both parties, and if the parties agree to use the written form, the written form shall be adopted. Therefore, if the contract does not stipulate that the buyer signs the contract, it is an endorsement of the terms of the contract.
According to the 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 3 The sales advertisements and promotional materials of commercial housing are invitations to offer, but the seller's explanations and promises to the housing and related facilities within the scope of the development plan of the commercial housing are specifically determined, and have a significant impact on the conclusion of the contract for the sale and purchase of commercial housing and the determination of the housing **, it shall be regarded as an offer. Even if the explanation and promise are not included in the contract for the sale and purchase of commercial housing, they shall be regarded as the contents of the contract, and if the party violates it, it shall bear the liability for breach of contract.
In accordance with the provisions of the Contract Law of the People's Republic of China.
Article 10 The parties shall conclude a contract in written, oral, and other forms.
Where laws and administrative regulations provide for the use of written form, written form shall be used. Where the parties agree to use written form, it shall be in written form.
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1. The real estate consultant shall be liable for its publicity and commitment, but according to the judicial interpretation of the Supreme People's Court, only those publicity commitments are specifically determined and have a significant impact on the signing of the sales contract and the determination of the first party are offered, and the other party shall bear the liability for breach of contract if it is violated, otherwise it is an invitation to offer.
2. The act of the entrusted party shall be borne by the client, that is, the real estate developer as the principal shall be liable for the behavior of the real estate consultant.
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There is a legal mandate to be responsible, but this is difficult to enforce unless you have a solid basis.
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There is no risk. Where to sign does not affect the purpose of the parents' civil juristic acts for the children under the age of **, nor will it affect its effectiveness, in the law it is said that the legal status of the parents is the legal person, you can also cross out the representative and the entrusting person, and directly write the legal person.
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You can find a blank seat near the place where you sign and ask your parents to sign in a legal person, which is generally better than handwritten words in the contract.
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Parents are the legal ** persons of the child, strictly speaking, there is no legal risk.
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Due to the wide range of real estate involved, it is very necessary to have a certain amount of professional knowledge as a general real estate agent.
1. Have certain cultural knowledge.
As a real estate agent, you should have a high school education or above, and with the development of the modern market, you also need to be able to operate a computer. Shenzhen requires a college degree or above.
2. Real estate policies and regulations.
Familiar with the relevant real estate policies and regulations of the area of practice.
3. Relevant legal knowledge.
Commercial law, civil law (related**), contract law and related tax law.
4. Basic knowledge of the real estate market.
Real estate agents should be familiar with real estate market architecture and real estate basics.
5. Knowledge of real estate valuation.
Familiar with the composition of real estate** and the various factors that affect real estate**.
1) The basic elements of the composition of real estate**:
construction and purchase costs; operating expenses; relevant taxes and fees; Reasonable profits.
2) Various factors influencing real estate**:
political situation; policies, regulations; Macroeconomic; regional economy; market supply and demand; Geographical location; environmental support; Condition of the building. Among them, market supply and demand are the decisive factors.
6. Basic knowledge of architectural planning and design.
Familiar with the basic knowledge of architectural design (plane structure, utilization rate, etc.), floors, orientation, equipment, decoration standards, etc., as well as the impact on consumers.
7. Marketing knowledge.
Real estate agents must have systematic knowledge of marketing, mainly including:
1) Market research.
Market research is a basic need for investment decision-making and marketing, and it is also a basic knowledge that real estate agents must master.
2) Investment analysis.
Using the right investment analysis, being a good investment advisor, helping clients avoid investment mistakes, and minimizing investment risks are the weights for real estate agents to gain the trust of their clients.
3) Project positioning.
Do a good job in the development and operation of real estate projects a series of positioning, including project planning and design positioning, target market positioning, positioning, etc., to avoid mistakes in principle, is a measure of the professional level of real estate agents.
4) Marketing planning.
The operation of the modern commodity market requires marketing planning, and real estate agents should play a creative role in the increasingly fierce and ever-changing market competition, and marketing planning is more important.
5) Promote sales.
Real estate promotion and sales are highly operational, and the correct way of promoting sales is the key to the success of real estate agent business.
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The career counselor said that she would be able to sell more houses and get a good salary. Sometimes the marketing strategy of the development company is to train the real estate consultant to say this deliberately. To put it bluntly, real estate consultants are also trained by development companies, which I am afraid cannot be guaranteed for the time being.
Because the state has not given a reasonable and legitimate basis for similar issues.
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Thinking about it with your toes, you should also think that it has no legal effect He is not a legislature His promise is of p use View the original post
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I haven't heard of the floor height, there may be a local net height, the floor height is more common, the real estate consultant said it well, the key to sign the contract and the letter of intent, is it to be clear, and then you can check the developer's need to handle the documents, that there is a planning and other departments stamped. View the original post
Remember to adopt it.
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So far, I don't know or hear of this certificate in the legal industry, and the most recognized thing in law is to pass the national unified judicial examination to get a legal qualification certificate, and then apply for a lawyer's certificate. It has never been said that there is a professional classification of a certain aspect of the law, such as marriage law or contract law.
In addition, the professional certificate of "Marriage and Family Legal Counsel" and the professional certificate of "Real Estate Legal Counsel" mentioned are not divided in law, which is too specific, hehe. I don't know which certification body can issue this certificate, so be careful.
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It is to take the legal counsel exam.
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