What should be paid attention to when signing a house purchase contract, and what should be paid att

Updated on society 2024-04-04
20 answers
  1. Anonymous users2024-02-07

    Pay special attention to these points in the purchase contract! If you sign a house, it's not yours, and you spend a lot of money in vain.

  2. Anonymous users2024-02-06

    1.Don't choose a house with a bottom merchant for self-occupation. 2.Don't buy a house with a bumpy appearance. 3.Don't buy a small property. 4.Pay attention to the period of buying a house.

  3. Anonymous users2024-02-05

    Second, no matter how many articles are listed, it must include the location, area, quality, main characteristics of the commercial housing (housing structure, decoration standards, etc.), the contract price, currency, payment method, term, the date of the transaction of the commercial housing and the property right registration and issuance of the certificate after delivery, the amount of taxes and fees to be paid, and the agreement on property management responsibilities and service standards.

    Third, the liability of both parties for breach of contract shall be stipulated in accordance with the principle of equality. Due to the particularity of real estate products, the contract should try to make clear provisions on the area, quality, payment, delivery date and other penalties for breach of contract.

    Fourth, it should be clarified that supplementary agreements may be attached to the unfinished matters and additional requirements without violating this agreement.

  4. Anonymous users2024-02-04

    To put it simply: pay attention to the amount, the area! Both parties are responsible for compliance and breach of contract!!

    If you can't be exhaustive, be sure to explain it in the remarks!

  5. Anonymous users2024-02-03

    Legal analysis: 1. The text of the standardized purchase contract must be used and filled in according to the text one by one; 2. Buyers should not sign a housing purchase agreement with the developer at will, nor pay a deposit to the developer at will, because this is not a necessary process to buy a house, and the rights and obligations of the purchase agreement are unequal and unfavorable to the buyer; 3. Carefully check each content in the contract, and check whether the contract clarifies the delivery time, liability for breach of contract, etc.

    Legal basis: Civil Code of the People's Republic of China

    Article 495:A letter of subscription, order form, reservation, letter of intent, etc., in which the parties agree to conclude a contract within a certain period of time in the future, constitutes an advance contract. If one of the parties fails to perform its obligation to conclude a contract as stipulated in the reservation contract, the other party may request it to bear the liability for breach of contract in the reservation contract.

    Article 496:Standard clauses are clauses that are drawn up in advance by the parties and not negotiated with the other party at the time of conclusion of the contract. Where standard clauses are used to conclude a contract, the party providing the standard clauses shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures to remind the other party of the clauses that have a major interest in the other party, such as exempting or reducing its liability, and explain the clauses in accordance with the requirements of the other party. If the party providing the standard clause fails to perform the obligation of reminder or explanation, resulting in the other party not paying attention to or understanding the clause in which it has a material interest, the other party may claim that the clause does not become the content of the contract.

    Article 498:Where there is a dispute over the interpretation of standard clauses, they shall be interpreted in accordance with the common understanding. Where there are two or more interpretations of the standard clauses, an interpretation unfavorable to the party providing the standard clauses shall be made. Where standard terms and non-standard terms are inconsistent, non-standard terms shall be used.

    Article 510:After the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, they may supplement it by agreement; If no agreement can be reached, it shall be determined in accordance with the relevant terms of the contract, the nature of the contract, the purpose of the contract, or the transaction customs.

  6. Anonymous users2024-02-02

    Legal analysis: Precautions for the purchase contract: 1. The contract indicates the ** of the house and the method of payment. 2. Clarify the issuance time of the property right certificate. 3. The specific time of delivery should be clearly written in the contract. 4. The area and quality of the house should be clarified.

    Legal basis: Civil Code of the People's Republic of China

    Article 595:A sales contract is a contract in which the seller transfers ownership of the subject matter to the buyer and the buyer pays the price.

    Article 596: The contents of a sales contract generally include the name, quantity, quality, price, time limit, place and method of performance, packaging method, inspection standards and methods, settlement method, words used in the contract and its effect, etc.

    Article 597:If the ownership of the subject matter cannot be transferred because the seller has not obtained the right of disposition, the buyer may terminate the contract and request the seller to bear the liability for breach of contract.

    Where laws or administrative regulations prohibit or restrict the transfer of subject matter, follow those provisions.

    Article 598:The seller shall perform the obligation to deliver the subject matter to the buyer or to deliver the documents for the extraction of the subject matter, and to transfer the ownership of the subject matter.

    Article 599:The seller shall, in accordance with the agreement or trade customs, deliver to the buyer the relevant documents and materials other than the documents for the extraction of the subject matter.

  7. Anonymous users2024-02-01

    1. Check the developer's five certificates before signing the contract.

    In order to avoid the fact that the house you bought is unable to apply for the property right certificate because of the developer's incomplete procedures, before signing the contract, the buyer should first check the developer's five certificates, namely the "State-owned Land Use Right Certificate", "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit", and "Commercial Housing Pre-sale Pre-sale License".

    2. Use a standardized house sales contract.

    First of all, when the buyer signs the contract, it is necessary to see whether the standard house sale and purchase contract uniformly printed by the real estate management department is adopted. The text contract should choose the "Model Text of Commodity Housing Sales Contract" formulated by the Ministry of Construction and the State Administration for Industry and Commerce, and do not use the contract drawn up by the developer himself.

    3. Check the nature of the land.

    Due to the different nature of the land, the property rights of the house will be different, and when buying a house and signing the contract, you must see whether the nature of the land is a transfer and whether the service life is 70 years. At present, the law only stipulates that residential buildings are automatically renewed when they expire, and non-residential buildings should generally be renewed by payment. Please also note that if it is commercial or industrial land, please pay more attention, because it is also related to the payment of water, electricity and other fees in the future**.

    4. Determine the delivery date.

    In recent years, it has often occurred that developers have postponed the delivery of the house due to lack of funds, and the delay in delivery will bring various troubles to the buyers who are in a hurry to move in. Therefore, in order to avoid encountering this situation, the buyer must clearly stipulate the delivery date as "a certain year, a certain month, and a certain day" when signing the contract, and indicate the responsibility of the developer if he fails to deliver the house on time.

    5. Look at the terms of the breach.

    Many of the breach-in clauses in most purchase contracts are specific to the buyer and not to the seller. If the buyer encounters such a problem in the process of housing transaction, he must take the initiative to negotiate with the other party and clearly agree on the terms of the seller's liability. The breach of contract clause includes the seller's liability for delay in handing over the house, the liability for delaying the application of the real estate certificate, and the liability for substandard delivery.

    In this way, even if there is a dispute in the future, you can effectively protect yourself.

    6. Pay attention to housing quality issues and property management matters.

    When signing the contract, the buyer should carefully scrutinize the contents of the "Commercial Housing Quality Assurance Certificate" and the "Residential Instruction Manual", and take the warranty certificate as an annex to the contract. In addition, the contract should determine the property management company in the early stage, as well as the scope of property management and charging standards agreed by both parties.

    7. Pay attention to the supplementary agreement.

    Generally, the developer will take the initiative to issue a supplementary agreement in his favor when signing the contract, and the buyer can also issue a supplementary agreement in his favor. For example, the developer's promise to give away a garage or storage room or attic to the buyer is signed into the supplementary agreement. Without something written down in black and white, there is a great possibility that the developer will default on the debt, so it is not just a verbal agreement with the developer, but all the promises of the developer should be written into the contract.

  8. Anonymous users2024-01-31

    Now don't worry about buying a house and signing a contract, it is a standard contract issued by the local **, not issued by a certain person himself, this will not be fooled, you just need to be optimistic about the house you want to buy.

  9. Anonymous users2024-01-30

    In any case, it must be signed online, whether it is a new house or a second-hand house.

  10. Anonymous users2024-01-29

    The issues that must be paid attention to when buying a house and signing a contract include:

    1. Clarify whether the counterparty to the contract has the corresponding subject qualifications;

    2. Clearly stipulate the liability for breach of contract for late delivery;

    3. Clarify the way to deal with the difference in area;

    4. Clearly stipulate the time limit for the real estate certificate.

    [Legal basis].Article 16 of the Administrative Measures for the Sales of Commodity Housing.

    When selling commercial housing, the real estate development enterprise and the buyer shall enter into a written contract for the sale and purchase of commercial housing.

    The contract for the sale and purchase of commercial housing shall specify the following main contents:

    1) The name or address of the parties;

    2) The basic condition of commercial housing;

    3) the way of sales of commercial housing;

    4) The method of determining the price of the commodity and the total price, payment method, and payment time;

    5) Conditions and dates of delivery;

    6) Commitment to decoration and equipment standards;

    7) Water supply, power supply, heating, gas, communications, roads, greening and other supporting infrastructure and public facilities delivery commitments and related rights and responsibilities;

    8) the ownership of public supporting buildings;

    9) the treatment of area differences;

    10) Handling matters related to property rights registration;

    xi) methods of dispute resolution;

    12) Liability for breach of contract;

    13) Other matters agreed by both parties.

  11. Anonymous users2024-01-28

    Pay special attention to these points in the purchase contract! If you sign a house, it's not yours, and you spend a lot of money in vain.

  12. Anonymous users2024-01-27

    1.Don't choose a house with a bottom merchant for self-occupation. 2.Don't buy a house with a bumpy appearance. 3.Don't buy a small property. 4.Pay attention to the period of buying a house.

  13. Anonymous users2024-01-26

    Hukou, small house, arrears of utility bills, mortgage, lease or not, etc.

  14. Anonymous users2024-01-25

    Pay attention to the vague clauses in the contract and the allocation of responsibilities to prevent the real estate company from "selling more than one house", please refer to the relevant interpretation of the Real Estate Law for details.

  15. Anonymous users2024-01-24

    Pay special attention to these points in the purchase contract! If you sign a house, it's not yours, and you spend a lot of money in vain.

  16. Anonymous users2024-01-23

    There are 4 major matters to pay attention to when buying a house and signing a contract: (1) Determine the property rights of the house. The new house looks at the "five certificates", and the second-hand house should check the owner on the real estate certificate.

    2) The specific conditions and time limit for delivery should be agreed. (3) List the fees to be paid to avoid arbitrary charges. (4) The liability for breach of contract should be clearly stated in the contract.

    Avoid the developer passing the buck.

  17. Anonymous users2024-01-22

    1.Don't choose a house with a bottom merchant for self-occupation. 2.Don't buy a house with a bumpy appearance. 3.Don't buy a small property. 4.Pay attention to the period of buying a house.

  18. Anonymous users2024-01-21

    1. The purchase contract of the new house is generally a standard contract, carefully check the term of property rights and the processing time of the land certificate, as well as the term of the land certificate, and pay attention to the supplementary agreement, delivery time and standards.

    2. There are two types of second-hand housing sales contracts: one is a tripartite contract signed with an intermediary, pay attention to the payment time (at which step to pay), the payment amount, the payment method, and the delivery time and standard. At the same time, the time and term for the transfer of ownership, if it is a loan to buy a house, it is necessary to clarify the time and term of the bank loan!

  19. Anonymous users2024-01-20

    Now the contract signed to buy a house is a contract for online filing, and it is a trial contract made by the housing authority, only individual terms can be changed, and major problems cannot be changed, you just need to make sure that it is a contract for online filing.

  20. Anonymous users2024-01-19

    In fact, there is nothing too much to pay attention to, just take a look and let you understand that the prepared contract will generally not be changed.

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