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The agreement is generally provided by the intermediary company, and the agreement and the contract have the same legal effect, or the two parties privately agree to use the purchase of the house. The contract is the official text used in the transaction of the housing authority, and if the agreement submitted to the housing authority does not violate the mandatory provisions of laws and administrative regulations, and meets the effective conditions agreed in the agreement, the agreement will become legally effective. The agreement may also be used as a supplement to the contract or to preclude the entry into force of the contract in a chronological manner.
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The purchase agreement is an initial agreement before signing the purchase contract, the purpose of which is to guarantee the signing of a formal purchase contract, and the deposit penalty is usually applied to the liability for breach of contract. The purchase contract is a formal contract for the sale and purchase of the house, the purpose of which is to transfer the ownership of the house and clarify the rights and obligations of the buyer and the seller, and the liability for breach of contract is usually not more than 20% of the total price of the house.
Legal basis] Article 10 of the Contract Law stipulates that the parties shall enter into 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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⊙o⊙)…There is a big literal difference between a purchase agreement and a purchase contract. The agreement is to negotiate and reach an agreement; In addition to reaching an agreement, the contract is more important for the performance of the contract.
It is always the agreement that reflects compliance, and the contract must be fulfilled in addition to compliance.
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Legal analysis: The purchase agreement, also known as the subscription letter, is an instrument signed by the buyer and seller of the commercial housing before signing the pre-sale contract of the commercial housing or the existing sale and purchase contract of the commercial housing, and is a preliminary confirmation of the matters related to the transaction of the house between the two parties. If the subscription agreement does not violate the mandatory provisions of law and administration, and the parties have no objection to the agreement, the agreement will have legal effect, and both parties must fulfill their legal obligations in accordance with the binding terms of the purchase agreement.
The purchase contract is a formal contract for the sale and purchase of a house, which is an agreement reached between the buyer and the real estate development enterprise on the basis of equality, voluntariness and consensus in accordance with the provisions of the Contract Law of the People's Republic of China, the Urban Real Estate Management Law of the People's Republic of China and other relevant laws and regulations, with the purpose of transferring the ownership of the house.
Legal basis: Article 135 of the Civil Code of the People's Republic of China: Civil juristic acts may be in written, oral, or other forms; Where laws or administrative regulations provide or the parties agree to adopt a specific form, the specific form shall be adopted.
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Legal analysis: The purchase agreement, also known as the subscription letter, is an initial agreement before the signing of the purchase contract, the purpose of which is to guarantee the signing of a formal purchase contract, and the liability for breach of contract is usually subject to a deposit penalty. The purchase contract is a formal contract for the sale and purchase of the house, the purpose of which is to transfer the ownership of the house and clarify the rights and obligations of the buyer and the seller, and the liability for breach of contract is usually not more than 20% of the total price of the house.
Legal basis: Article 469 of the Civil Code of the People's Republic of China The parties may conclude a contract in written, oral or other forms. The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.
Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.
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The purchase agreement, also known as the subscription letter, is a document signed by the buyer and seller of the commercial housing before signing the pre-sale contract of the commercial housing or the contract for the sale and purchase of the existing commercial house, and is a preliminary confirmation of the matters related to the transaction of the house between the two parties. The purchase contract is a formal contract for the sale and purchase of the house, which is based onLaws and RegulationsIt stipulates that the buyer and the real estate development enterprise shall reach an agreement on the sale and purchase of commercial housing on the basis of equality, voluntariness and consensus, with the purpose of transferring the ownership of the house.
The law of laughter is based on
Article 135 of the Civil Code provides that civil juristic acts may be in written, oral or other forms; Where laws or administrative regulations provide or the parties agree to use a specific form, a specific form shall be used.
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1. The definition of the house purchase agreement is different from the house purchase contract, and the house purchase contract will be more formal2. The house purchase agreement is an agreement before the house purchase and sale 3. The content of the house purchase contract is more detailed. In the purchase agreement, if the developer and the owner have made a clear agreement on the **, area, serial number and other aspects of the house, then the purchase agreement can be regarded as the sale and purchase contract of the house in advance. Article 135 of the Civil Code provides that civil juristic acts may be in written form, oral form or other forms; Where laws or administrative regulations provide or the parties agree to adopt a specific form of nuisance, a specific form shall be adopted.
Article 135 of the Civil Code provides that civil juristic acts may be in written, oral or other forms; Where laws or administrative regulations provide for a specific form or the parties agree to adopt a specific form, the specific form shall be adopted.
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