Urgent! What should I do if the farmer s housing contract is lost, and can I reissue it? 40

Hanging. 1. If you are a non-farmer, the national policy does not allow the purchase of farmer homesteads, that is, what you are doing is illegal, so it is impossible to get any compensation. No punishment is good.

If you buy a house that is not a homestead, but just a farmer's idle self-built house, its leaves belong to illegal buildings in the village, and you will not be compensated.

2. If you have an agricultural hukou and buy the transferred homestead, you can do it with the permission of the village, which is legal. Then you can find the village ** and ask them to make up the formalities for you.

3. In any of the above cases, if your father is just a "contract" written by both parties and has not gone through any formalities, then it is difficult to protect your father's rights and interests. Once there is a dispute, it is the text thing.

1.First of all, make sure that your father has the right to buy a house (a member of a collective economic organization), and if he is not qualified to buy a house, he will have to go to the seller.

2.If the purchase is legal, find the seller, and then go to the land management office to go through the transfer registration procedures, and if the seller defaults, he can report to the public security organ. I hope your father remembers.

It depends on who he signed the contract with, and if he signed it privately with the owner of the previous house, it would be more troublesome. The Land Bureau and the state only have real estate certificates, and now you don't have any certificates, and now it's so dark, it's very difficult to compensate for the demolition costs of the house. You can go to the real estate company and ask to see if they can help you solve it, after all, they know more and have more relationships.

If the contract has been filed, it can be copied by the housing management department, and if it has not been filed, it can be copied from the developer. However, the official seal shall be affixed to the copy to ensure that the copy is consistent with the original.

A house sale contract is a special type of sale contract, which refers to a contract in which the seller delivers and transfers ownership of the house to the buyer, and the buyer pays the price. The legal characteristics of a contract for the sale and purchase of a house are both general and inherent in the contract of sale.

This is mainly manifested in:

1) The seller transfers the ownership of the house sold to the buyer, and the buyer pays the corresponding price;

2) The contract for the sale and purchase of the house is a contract of promise, double affairs and compensation;

3) The subject matter of the housing sales contract is immovable property, and the transfer of ownership must go through registration procedures;

4) The housing sales contract is an essential legal act prescribed by law.

A contract for the sale and purchase of a house is a contract in which one party transfers ownership of the house to the other party and the other party pays the price. The party transferring ownership is the seller or seller, and the party that acquires ownership by paying the price is the buyer or buyer.

2. What is the meaning of quasi-contract in the Civil Code.

A quasi-contract is a contract with preconditions. The preconditions are the conditions that determine the establishment of the elements of the contract. Such as:

Licensing issues, foreign exchange raising, pending review by a lawyer or the printing of the final official text, formal signature (as opposed to initialing), etc. There is no fundamental difference between a quasi-contract and a contract in terms of form, and the content and format are the same, but sometimes they are different from the draft or the formal version. But legally, there is a fundamental difference.

A quasi-contract can automatically fail when the conditions precedent are lost, without any liability for damages; The contract must be executed, otherwise it is called a breach of contract.

3. Is the house contract with incomplete certificates protected by law?

According to the provisions of the Civil Code, if the developer's five certificates are incomplete, whether the contract is valid or not depends on the specific circumstances. If it is a true expression of intent and does not violate the mandatory provisions of the law and public order and good customs, it has legal effect.

Civil Code of the People's Republic of China

Article 143:[Requirements for the Validity of Civil Juristic Acts]Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Not smiling at people violates the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

If the housing contract is lost, the solutions are: 1. It can be re-signed with the developer before the pre-sale registration is made; 2. After completing the pre-sale registration and failing to apply for the mortgage of the first bank, the contract shall be published in the newspaper to declare that the contract is invalid, and the signed contract shall be cancelled at the expiration of three months, and the contract shall be re-signed with the developer; 3. After completing the pre-sale registration and applying for the bank mortgage, if the contract is lost, in addition to the above procedures, it is necessary to sign a change agreement with the bank, and put the new contract in the bank as a pledge.

[Legal basis].

Article 16 of the Administrative Measures for the Sales of Commodity Housing stipulates that 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. Article 61 of the "Urban Real Estate Management Law" stipulates that if the land use right is obtained by way of transfer or allocation, it shall apply to the local people's land management department at or above the county level for registration of the number of sails, and the local people's land management department at or above the county level shall issue a certificate of land use right after verification by the local people's land management department at or above the county level.

If the purchase contract is lost, it can be reissued. The purchase contract is a legal document that regulates the rights and obligations of both parties to the house, and the contract is an agreement formed after the parties reach an agreement on the rights and obligations of a certain matter, which can be oral or written. If the contract is lost, you can replace it as long as you find other supporting materials.

1. How is the process of buying a house?

1) Sign the sales contract. After the buyer and seller of the property have been contacted and negotiated, the location of the property to be sold, the property rights and the transaction ** have reached an agreement, the buyer and the seller will sign a formal real estate sales contract.

2) Accept the inspection of the management department. After the buyer and seller of the real estate go through the request procedures with the real estate sales management department where the property is located, the management department shall check the relevant documents, check the property rights, and go to the scene to make necessary inquiries, and the evaluators shall evaluate the purchased and sold properties.

3) Deed transfer. According to the nature of the property right and the object of procurement, the management department shall declare the relevant person in charge for review and approval according to the approval authority, and the handler will tell the buyer and seller to go through the deed formalities. The buyer and the seller sign and seal the contract, and both parties go to the sales management department to go through the deed transfer procedures with the sales contract and relevant documents and materials.

4) Handle the procedures for the transfer of property rights. After the buyer and seller of the house go through the sale and transfer procedures at the real estate sales office, the buyer should go to the real estate property management department where the house is located to handle the transfer of house property rights and land use rights** with the real estate sales contract issued by the real estate sales office, and exchange the new real estate certificate.

2. What issues should be paid attention to when a lawyer accompanies the purchase of a house?

When signing a client agreement with a lawyer, you should pay attention to it: first, write the entrustment matters clearly and specifically, and do not write in general. If there is a time limit for processing, it should also be submitted.

**Fees can generally be paid in installments, and case handling fees can be reimbursed, or contracted if the estimated amount is not large. Second, pay attention to the terms of termination. For some matters, if it is estimated that it may be unnecessary or unavailable, it is agreed that the entrustment can be cancelled in this case, and part of the ** fee can be refunded or waived.

Finally, the name of the lawyer should be listed, and his lawyer's license should be checked at the same time, a copy should be kept to verify the identity, and the lawyer can report to the bar association when the lawyer has negative work or illegal behavior.

1. What should I do if I lose the rural housing purchase contract?

If the rural house purchase contract is lost, it can be reissued:

1.If the buyer loses the contract, he or she can simply void the remaining contract and sign a new contract with the developer.

2.If the buyer loses the contract, the measure is to publish a statement in the newspaper that the contract is invalid, and after the expiration of three months, take the newspaper to apply for cancellation of the signed contract with the pre-sale registration authority, and then sign a new contract with the developer, and then go to the pre-sale registration. During this period, the buyer needs to pay the cost of publishing the declaration, the cost of the contract, and the stamp duty of the new contract.

3.After the pre-sale registration of the purchase contract has been completed and the bank mortgage has been handled, if the buyer loses the contract, in addition to the procedures in the second case, the buyer must also sign a change agreement with the bank that handled the loan, and pledge the new contract in the bank, because the original purchase contract has been cancelled and replaced with a new contract, that is to say, the contract number in the loan contract signed by the buyer and the bank has changed, although the content of the purchase contract has not changed, but according to the provisions of the Civil CodeThe loan contract has been changed, so you need to sign a change agreement with the bank.

2. Does the rural housing purchase contract have legal effect?

Rural housing purchase contracts do not necessarily have legal effect.

1.If a person without the right of disposition disposes of another person's house, the contract for the sale and purchase of the house entered into by the right holder shall be invalid, and only the owner of the property and the person who has the right to dispose of the property can dispose of the property.

2.The registration of the transfer of ownership is not a valid requirement for the sale and purchase of the house.

3.The contract for the sale and purchase of houses in rural areas is valid for urban residents.

3. What should be paid attention to in rural housing purchase contracts?

Rural housing purchase contracts need to be noted as follows:

1.The sale and purchase of houses shall be approved in writing by the collective, i.e. the villagers' committee.

2.In the case of a joint house, it is necessary to obtain the consent of the other co-owners.

3.The original documents such as household registration booklet, resident ID card, land certificate, real estate certificate and other relevant materials should be submitted.

4.You should go to the property right ** part to check whether there are defects in the property right of the house: if there is a mortgage and other guarantees, whether there are property preservation measures such as seizure by the people's court.

Legal analysis: go to the developer or the burying real estate bureau to which the house belongs to reapply for re-application. Generally, a copy of the original of a contract will be bent and dusted, and the relevant institutions will stamp the copy, and the legal effect will be the same as the original. The parties will still fully perform their obligations in accordance with the agreement.

Legal basis: Article 10 of the Administrative Measures for the Pre-sale of Urban Commercial Housing For the pre-sale of commercial housing, the developer shall sign a contract for the pre-sale of commercial housing with the purchaser. The developer shall, within 30 days from the date of signing, go through the registration and filing procedures for the pre-sale contract of commercial housing with the real estate management department and the municipal and county people's land management department.

The real estate management department shall actively apply network information technology and gradually implement the online registration and filing of commercial housing pre-sale contracts. The registration and filing procedures for the pre-sale contract of commercial housing can be entrusted to the first person. If the person is entrusted to handle it, there shall be a written power of attorney.