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Whether there is an agreement on the transfer time of the house purchase agreement you signed, if it is still within the agreed transfer time or there is no agreement on the transfer time, it is valid, but if the time agreement has passed, whether it is valid is open to discussion, if either party intentionally breaches the contract, there will be a greater risk, because the contract is incomplete or the agreement is not clear and the responsible party cannot be confirmed, then the contract may be judged invalid.
Of course, in any case, the transfer time should not be too long, after all, the house price or part of the house price has been paid to the seller, from the property law, the property rights of the house without the transfer procedures still belong to the original seller, and the buyer has considerable potential risks.
It is recommended to go through the transfer procedures as soon as possible, if you must delay the time in the future, you can notarize the agreement, you need to go to the local notary office to handle it, although it is not foolproof, but it can reduce the risk, and at the same time can further restrict both parties.
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1. Effective. 2. Suggestion: transfer as soon as possible: (1. Annual tax increase. 2. The original owner's lot changes quickly. 3. The original owner has the right to pay you liquidated damages, and you can ask to check out).
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There is a payment voucher and a purchase agreement with the fingerprint of two people, which is valid for ten years!However, it is recommended that you close the contract as soon as possible, because both of you have the right to break the contract before the transfer!
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Legal analysis: This is a bit risky, if the house is not affordable housing, you can agree in the contract to the maximum amount of the deposit, and 20% of the total price, in addition, you can agree that the liquidated damages are also higher. No matter how you circumvent it, the landlord may still transfer the house to someone else, and you will only have to claim compensation.
Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate
Article 36 For the transfer or mortgage of real estate, the parties shall handle the registration of ownership in accordance with the provisions of Chapter V of this Law.
Article 62 When real estate is mortgaged, the mortgage registration shall be handled with the department prescribed by the local people's ** at or above the county level. Where land use rights and house ownership are obtained as a result of the disposal of mortgaged real estate, the transfer registration shall be completed in accordance with the provisions of this Chapter.
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Legal analysis: sign the agreement normally, and the agreement will indicate the transfer time. Of course, if the transfer cannot be made upon expiration, the pledgee shall bear the liability for breach of contract.
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 Contracts for the Sale and Purchase of Commodity Housing Article 4 If the seller accepts a deposit from the buyer as a guarantee for the conclusion of the contract for the sale and purchase of commercial housing through subscription, ordering, reservation, etc., if the seller fails to observe the conclusion of the contract for the sale and purchase of commercial housing due to the reasons of one of the parties, it shall be dealt with in accordance with the provisions of the law on the deposit; If the contract for the sale and purchase of commercial housing cannot be concluded due to reasons not attributable to both parties, the seller shall return the deposit to the buyer.
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The agreement for sale and purchase of the house is valid. The sales contract signed by both parties is legal and valid, and is legally binding on both parties as long as it is the true intention of both parties, not signed under the premise of coercion or deception, and the content of the agreement is not illegal. However, if the house has not been transferred after the contract is signed, the seller shall bear the corresponding liability for breach of contract.
There are two situations in which a contract is signed: one is that it must go through the formalities of approval and registration in accordance with the law before it takes effect, and the time for confirming the effectiveness of the contract is to go through the formalities. In this case, after the parties sign the contract, they must go through the approval or registration of the contract with the prescribed department before the contract can take effect.
Second, once the contract is signed by both parties, it immediately has legal effect, and the Sakura High contract itself does not need to be approved or registered. The contract for the sale and purchase of a house belongs to the first category of sales contracts. At the same time, it should be noted that there is an essential difference between the entry into force of a contract and the transfer of ownership.
Article 72 of the General Principles of the Civil Law of the People's Republic of China stipulates that: "Where property is acquired in accordance with a contract or other lawful means, the ownership of the property shall be transferred from the time of delivery of the property, unless otherwise provided by law or otherwise agreed by the parties." "From this provision, we can know that if we buy movable property, such as mobile phones, televisions, furniture and other daily necessities, when the buyer delivers these products to us, the ownership of these products belongs to us, and there is no need to go through other procedures; However, when we buy real estate such as a house, the situation is different, that is, it is a situation where "the law provides otherwise".
According to China's "Land Management Law" and "Regulations on the Administration of Private Houses in Cities and Towns", the change of ownership of immovable property shall be registered before it takes effect, that is, the completion of the transfer registration procedures. The Contract Law also distinguishes the validity of a house sale contract from the effect of the transfer of house ownership, stipulating that such a sale and purchase contract shall be established and take effect from the time of its establishment in accordance with the law, and the ownership shall take effect from the registration and transfer of ownership.
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