High score! Urgent! Questions about signing a contract for the sale and purchase of a house?

According to what you said, the "Housing Sale and Purchase Contract" may be signed for the purpose of making the price of the house, and you can ask the court to confirm that the contract is invalid, subject to the date agreed in the "Shanghai Real Estate Sale and Purchase Contract". Of course, you can also negotiate a settlement.

Lawyer Shen Zhili.

Regardless of the buyer's request, if the text of the contract conflicts with the signed handwriting, it will be counted as the handwritten signature.

The two parties can agree on the delivery time, and the law will not interfere, so the agreement between the two parties is valid and there is no conflict.

Harmonious society. The money is gone. There are no special circumstances, just hand it over.

There's no need to worry about these things!

Of course, you have to pay attention to the buyer's request, and someone else has the right to sue you for late payment and demand that you pay late fees.

The French team entered the experience as such.

Let me make a few of my observations:

1.Whether the so-called landowner who signed the contract with you is qualified to build ** commercial housing and whether it is a legal developer.

2.Those who are engaged in the pre-sale business must have the "Housing Pre-sale License", and the sales contract signed by him is invalid (of course, the liquidated damages are valid, but you cannot enforce the contract).

3.The judgments of various places are not quite consistent with such cases, and it may be determined whether to continue to perform or terminate the contract according to the specific circumstances of the contract and whether the other party has the ability to perform (the basis for the termination of the contract is that the other party has filed a counterclaim for termination), and you need to provide sufficient evidence for the compensation for the price difference (such as the report of the appraisal agency), which will not be supported by the court in general.

Because there are still many unclear points in the situation you are talking about now, if you want to go to court, you must consult a lawyer first.

You'd better show everyone the lease contract signed by your wife to give you a clear answer, because the "deposit" is used here instead of "deposit", and if it is written as a deposit, the two thousand will definitely not be returned. The deposit is not necessarily, but if there is a clause in the contract such as "if you regret it, the deposit will not be refunded", then you will not have to return it. If there is no such clause in the contract, and there is no other agreement on liability for breach of contract, there is hope.

As for the landlord's claim to pay another 3,000, there is no basis at all, and the court will not support it, so don't worry.

According to the provisions of the Contract Law, you are the non-breaching party, and you can choose to require the other party to continue to perform the contract or request the contract to be terminated to compensate you for your losses. Personally, I think you can claim to continue to perform the contract, and if the court decision does not support you, you can appeal, and even if the contract is terminated in the worst case, then the other party should compensate you for your losses. The loss should include the loss of price increases.

The other party can be sued to continue to perform the contract, and the court will force the transfer of ownership after the judgment confirms the right.

This is a very troublesome problem, the white strip is very vague in the legal identification and the signature is not complete, only to see what the relationship between the two people in the sale is. If it is a husband and wife who are not divorced or close relatives, as long as one person signs this problem, it is not a big problem, and as long as you can deal with things, as long as the two of them have no meaning in the original sale of some items, generally they will not do anything, if they do want to repent, your white slip should also be used as evidence in law.

So there's no need to worry.

According to you, the contract you sign is actually only a contract for the sale and purchase of the house. The sales contract includes the renovation of the house and the items that cannot be taken away, and if the other party really wants to take away the other items, then you can't do anything. Because they are not in the subject.

If your white slip certifies that you own the items in the house. and it can be effective if it is signed by one person (even by one person).

You look at whether there is a note on the main contract, but the general house sales contract has a clause with furniture and electrical appliances, you see how it is written, but if the three parties on the white slip have signatures and fingerprints, it is still legally valid.

The contract, you can refer to it, don't forget to top it if you need it.

Although a paper contract seems to have little weight, it is actually very useful, so you must pay more attention when signing it, and today I will tell you about the problems that 90% of people will ignore when signing a house sales contract.

1. There is a difference between signing and signing

There is a difference between signing a contract and signing a contract, the former refers to the conclusion through negotiation, but the latter means that it is determined through negotiation, and the latter has one more layer of certainty than the former, so make this clear before signing the contract.

However, for contracts or treaties, whether it is "signed" or "signed", its legal effect is the same, and "signing" is often used when signing contracts now, so such problems as Huixiang are rare.

2. Establishment and entry into force are different

"Contract" and "contract" are words that we often hear, and they are often equated, but they are not the same.

The formation of a contract refers to the fact that the parties have reached a contractual relationship after reaching a consensus through consultation, and several conditions must be met for the contract to be formed, such as the parties must have two or more parties; The parties must have reached an agreement on a voluntary basis; The parties must have the purpose of entering into the contract.

The validity of the contract means that the contract has legal effect in accordance with the agreed content, and the contract must comply with several rules, such as the parties must have the capacity to enter into the contract, and minors do not have the ability; The will of the parties must be genuinely reflected in the contract; The contract does not violate laws and regulations or the public interest.

3. There is a difference between the advance payment and the deposit

When signing a contract, you must see whether the deposit or advance payment agreed in the contract is different.

A deposit is a kind of security money that cannot be refunded once paid, but an advance payment is a certain amount of money paid in advance to the other party, which is not guaranteed and can still be refunded even if it is paid.

Deposits and advances are not only different in nature, but also in terms of legal consequences, scope of application and amount to be paid. After paying the deposit, if the other party defaults, it needs to pay twice the deposit, but the advance payment can only be refunded in the original amount. Moreover, the deposit was paid before the contract came into force, while the advance payment was made after the contract came into force.

Fourth, do not ignore the signature and seal of the contract

Signature and seal is a necessary step to conclude a contract, only after signing and sealing the contract can produce legal effect, otherwise it is invalid, so the link of signature and seal can not be ignored.

First of all, the person who signs and seals it should be himself, and if it is the person who is delegated, you must ask the other party to present a legal and valid power of attorney.

In addition, the final review of the content of the contract must be carried out before signing and sealing, and once a problem is found, it will be proposed to be modified, and then signed after confirmation.

The above was released on 2016-08-10, the current relevant housing purchase policy is subject to the actual situation).

1. Buy an existing house or a quasi-existing house as much as possible. In this way, many risks can be avoided, such as: the height of the window sill, the net height is too low, the balcony design is unreasonable, the house is too small, the plumbing equipment layer, the house is unfinished, indoor harmful gases, changing the structure of the house, cracks and other surface quality problems.

2. Strive to sign the contract directly in one step, do not pay a deposit, and do not sign a subscription, otherwise, it is easy to be passive and restricted. You really have to pay a deposit, and don't pay too much. Although the deposit is generally refundable before signing a formal contract, you should not trouble yourself.

3. In accordance with the law, the developer's commitment in the building brochure or advertisement shall be written into the supplementary agreement. If the developer does not agree to write, prepare a small tape recorder in advance to record the developer's verbal promise.

4. When signing the contract, in accordance with the law, the property management agreement is also signed to prevent changes in the property management fee (price increase, etc.) when checking in.

5. List the fees to be paid to avoid arbitrary charges.

6. At present, in the field of real estate, there are three types of lawyers who handle real estate business, including: the developer's lawyer, the bank's lawyer, and the owner's lawyer. Only a lawyer hired by the owner himself can speak for the owner himself.

7. Sign a supplementary agreement in as much detail as possible (pay attention to reviewing the supplementary agreement provided by the seller), or sign a collective agreement; and state how to bear the liability for breach of contract, check out or not check out. After the contract is signed, many owners have other words in someone else's font except for their own signature, which is too passive.

It should be that the speed of bank lending is different, and commercial loan banks are generally faster than provident fund loans.

Thanks for the pointers. The house has not yet been given a real estate certificate. I am afraid that Party A will regret it in the future, so it is written that the defaulting party will pay the same liquidated damages as the purchase price

For example, if the purchase price is 200,000 yuan now, and Party A regrets not selling it after a few years, then Party A will pay 200,000 yuan in liquidated damages and interest in addition to returning the purchase price of 200,000 yuan and interest. In this way, it is not easy for Party A to breach the contract, how to write the contract to improve my ideas above? Please advise! Thank you!

1: Legal forums for help, not here.

2: Lawyer of business services.

3: Refer to the template.

Good luck with the work!