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I understand what you mean, the contract before the down payment must be the "House Sale and Purchase Contract".
1. You must be the buyer, the contract is nothing more than a standard, the same, unless it is your own handwriting may not be standardized, find an intermediary company? If you don't want to save some money, it is recommended that you search on it, there is a standard contract. However, it is still recommended that you find someone who understands or a real estate company to help you, don't miss that little cost, after all, more than 200 square meters of houses.
2. To get to the point, the terms of the standard contract are similar, and under normal circumstances, just fill in the blanks, and the only thing to pay attention to is two points. (1) It is the payment method, as well as the amount of the payment, because it involves the down payment and the final payment, so it is necessary to calculate whether the sum of the two sums of money is the total payment (this link will be miscalculated if you are not careful).
2) The most important thing is that each contract will have supplementary clauses, which generally need to be handwritten, which will involve some details, such as; Delivery time, housing (second-hand housing) household registration problems, housing damage problems, property problems, water, electricity, gas heating costs, and other details that you feel need to be written.
3. Breach of contract; must be written, as the so-called villain first and then gentleman, there is no harm in all benefits. Be sure to write!
That's all there is to it, can the arrangement help you.
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According to Article 12 of the Contract Law, the content of the contract shall be agreed upon by the parties, and generally include the following clauses:
1) The name or address of the parties;
b) the subject matter; iii) quantity;
iv) Quality; 5) Price or remuneration;
6) the period, place and method of performance;
7) Liability for breach of contract;
8) Methods of Dispute Resolution. The parties may conclude a contract with reference to the model texts of various types of contracts.
The most important thing to pay attention to is the clarity of property rights. Payment methods. After signing the contract, go to the housing management department to check the property rights, and the property rights are clear (given a deposit of 2-30,000 yuan), which can be paid. No problem with the transfer of ownership (30% of the house price).Deed tax or title deed (full final payment).
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The down payment is made first, and then the contract is signed, and the real estate company takes the contract to the housing authority for filing.
The procedure for online signing is as follows:
1. The parties to the transaction shall negotiate and draft the relevant terms according to the text of the commercial housing deposit agreement or sales contract published on the Internet——— and the real estate development enterprise shall print the agreement or contract confirmed by both parties through the online signing system.
2. Signature (seal) of both parties
3. Indicate on the electronic real estate table that the commercial housing has been booked or contracted.
The online operation process for each transaction should be completed within 24 hours.
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Sign the contract before buying a house, and sign the contract before you decide to pay the down payment and sign the contract, you must make sure that the documents of the project are complete, and you can ask to see these documents in its sales department
First, it is necessary to check whether the developer has a pre-sale permit for commercial housing, and with a pre-sale license, the developer usually also has a land use certificate, planning permit, construction project permit, etc. This is the key to whether you can get a real estate certificate when buying a house.
Second, it is necessary to use the standard housing sales contract text uniformly printed by the real estate management department, and fill in the clauses listed in the text one by one, and must not be sloppy. At present, Xi'an implements online signing for the record, but the contract is the same as the paper contract.
Third, pay attention to whether the rights and obligations in the content filled in by both parties in the contract terms are equal. Some developers have filled in the contract text in advance and even fill in the supplementary clauses by themselves, and most of the completed contract texts have unequal rights and obligations. Once this happens, the buyer must put forward his own opinion and must not act hastily.
Fourth, area confirmation and area difference treatment. If you choose to confirm the area and deal with the area difference based on the floor area of the suite, you should specify the method of handling the area error in the "Area Difference Treatment" clause. Fooling can only be avoided if there is a detailed agreement on the difference in area in the contract.
Fifth, we must pay attention to whether the payment method for housing sales is standardized. The amount, period, method and liability for breach of contract shall be stipulated in the contract. Some developers do not sign the contract first, but first ask the buyer to pay a certain amount of deposit, and only give the buyer a receipt, once a dispute occurs, it often causes the buyer to have difficulty in proving that he is responsible.
Sixth, we must check whether the delivery date is determined. It is common for developers to make a big fuss about the pre-sale contract, such as only indicating the completion date without indicating the delivery date; Use some vague language such as "after the installation of water and electricity, after the quality acceptance is qualified, and after the completion of the community support". In this regard, when signing the contract, the buyer must clearly stipulate the delivery date as "a certain year, a certain month, and a certain day", and indicate the responsibility of the developer who cannot deliver the house on time.
Seventh, when signing a contract for the sale and purchase of a house, it is best to ask a lawyer or expert to review the contract text for you from a legal point of view to reduce some unnecessary losses.
In addition, it should be noted that for the terms proposed by the developer that they think are unreasonable, they need to put forward their own amendments and negotiate, and the contract is the product of the agreement of the parties, and if the two parties cannot form an agreement, the contract cannot be established.
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Theoretically, you should sign the purchase contract first, and then pay the down payment ......However, in practice, it takes time to transfer money, and there is a possibility that the transfer will fail, so it is generally required to transfer money first and then sign a contract.
As long as you look at the relevant qualifications of the developer in advance, understand the terms of the contract, and buy the house sincerely, there is no big risk.
But if you are more serious with him, you have to sign a contract first, and you can do it.
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Pay the deposit first, and then agree on the time to sign the contract, you have to bring a down payment when signing the contract, and after the contract is signed, you must immediately pay the down payment to the landlord, and then go to the trading center to review the tax, and then go to the trading center to apply for a loan, and then go to the trading center to pay taxes after the loan, handle the transfer, and finally hand over the house.
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Make a down payment before you sign the contract and apply for a business loan.
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Generally, a deposit is paid in advance. Then sign the contract and the down payment together.
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The deposit is paid first, and the contract is handled together with the down payment.
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There could be 2 reasons for this:
After paying the down payment, the developer does not give the purchase contract, which is unreasonable.
In accordance with 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, the buyer and the real estate development enterprise reach an agreement on the sale and purchase of commercial housing on the basis of equality, voluntariness and consensus, which is an important guarantee for the buyer to protect his own rights and interests.
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I was deceived
You have to take the contract to buy a house and go to the bank to apply for a loan.
Did the developer start buying it without a pre-sale license, and then ask what's going on.
You don't have a contract or anything, so it's hard to get a loan.
If not. Asking for a refund.
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At the very least, there will be a receipt, and the invoice will be issued to you. If you don't even have a receipt, you need to think about it.
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Is your house down normally?
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I'm having the same problem and keep pressing the contract.
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Buying a house is a big deal, and the purchase contract signed when buying a house cannot be careless. The purchase contract usually has more clauses, and the buyer is easy to get confused when signing the purchase contract, and if he does not pay attention to the purchase contract, it will be more difficult to protect his rights in the future.
1. See if there is a pre-sale license.
2. Look at the nature of the land in the contract.
3. See the purpose of the house clearly.
4. Property cannot be ignored.
5. The agreement between the garage and the basement or attic.
6. Agreement on area.
7. Loan agreement.
8. Overdue or compensation issues.
9. The problem of delivery.
10. The agreement on the public areas and public parts of the community.
11. Agreements on various facilities.
12. The content of the settlement negotiated by the two parties must be studied more.
13. Pay attention to the annexes to the contract.
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Sign the contract first and then pay the down payment.
Generally speaking, if you choose to buy a house with a mortgage loan, you can pay the down payment to the real estate developer after signing the commercial housing sales contract (including the commercial housing pre-sale contract), and the developer will issue a down payment receipt. Then, the buyer can apply for a mortgage loan from the bank with the purchase contract, down payment receipt, etc.
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When buying a new house, many people's focus is on the early stage of viewing and selecting a house, but when the contract is formally signed to pay, it is not attentive enough, resulting in various problems in the house later, and can only slowly file a lawsuit with the developer, therefore, I suggest that you should check these 4 things before signing the contract.
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Content from the user: Educational Library.
Pay a down payment or sign a contract first to buy a house.
Chapter 1: I have paid the deposit and the down payment to buy the house The purchase contract has not been signed, and now I don't want to buy it, can I get the down payment back Chapter 1: What should I do if I don't want to buy it after paying the deposit to buy a house What should I do if I don't want to buy it after paying the deposit when I buy a house.
1. Can the deposit be refunded, and how can I get the deposit back? Article 115 of Part VI of the Judicial Interpretation of the Security Law of the People's Republic of China stipulates that if the parties agree to pay a deposit as a guarantee for the conclusion of the main contract, if the party paying the deposit refuses to conclude the main contract, it shall not be entitled to demand the return of the deposit; If the party receiving the deposit refuses to conclude the contract, it shall return double the deposit.
Article 4 of the 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 stipulates that 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 by means of subscription, order, reservation, etc., if the contract for the sale and purchase of commercial housing cannot be concluded due to the reasons of one of the parties, it shall be handled 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. What should I do if I don't want to buy after I pay a deposit to buy a house, what should I do if I don't want to buy after signing the real estate contract, and how to compensate for the breach of contract of the buyer's real estate?
1. What should I do if I don't want to buy after signing the real estate contract? Article 60 of the Contract Law stipulates that the parties shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith, according to the nature and purpose of the contract and the transaction customs.
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The normal sequence is to sign the contract first, and then make the down payment. However, if the developer does not require a down payment and you are not willing to give up the purchase of the house, then you can only go to the construction committee hall to consult the developer's qualifications and other relevant content, if it is safe and reliable, you can also pay first.
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Sign the contract first and then pay the down payment. It's all done like this, rest assured, KFS doesn't dare to make a fuss about the contract,
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It can be carried out at the same time, on the so-called one-hand payment and one-hand delivery, the amount of cash for the down payment is not large, you can bring it to the sales department, and the contract can be signed and then give him the money to remember to issue an invoice.
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The normal procedure is to sign the contract first and make the payment. If the developer is reputable, you can pay in advance before signing the contract.
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Home Mortgage Loan Process:
1. Choose a property.
If you want to get a mortgage on your home, you should focus on this aspect when choosing a property.
2. Apply for mortgage loans.
After confirming that the property you choose is supported by a bank mortgage, the buyer should ask the bank or the law firm designated by the bank about the bank's regulations on the buyer to obtain mortgage loan support, prepare relevant legal documents, and fill in the "Mortgage Loan Application".
3. Bank review.
After the bank accepts the buyer's loan application, it shall conduct a qualification review of the buyer in terms of the qualifications of the civil subject, credit status, repayment ability, etc., to confirm whether the prescribed conditions are met. If the buyer blindly signs a house purchase contract with the developer without obtaining the bank's mortgage loan support confirmation, he will not be able to obtain the mortgage loan when he does not meet the bank's conditions, which will cause passivity outside the funds and be forced to choose other payment methods, thus affecting his own financial arrangements, or even giving up the purchase of the house, resulting in the loss of the deposit.
4. Sign the purchase contract.
After receiving the mortgage application and relevant legal documents submitted by the buyer, the bank will issue a notice of consent to the loan or a letter of commitment for the mortgage loan to the buyer after reviewing and confirming that the buyer meets the conditions for the mortgage loan.
5. Sign the mortgage contract.
After signing the house purchase contract and obtaining the proof of payment, the buyer shall sign the "Building Mortgage Loan Contract" with the developer and the bank with the relevant legal documents stipulated by the bank, specifying the mortgage loan amount, term, interest rate, repayment method and other rights and obligations.
6. Handle mortgage registration and insurance.
Buyers, developers and banks should go through the mortgage registration and filing procedures with the real estate management department with the "Building Mortgage Loan Contract" and the house purchase contract. For off-plan properties, the mortgage registration should be changed after completion.
7. Open a special repayment account.
After signing the "Building Mortgage Loan Contract", the home buyer shall, according to the contract, open a special repayment account at the financial institution designated by the bank, and sign a power of attorney to authorize the institution to pay the loan principal and interest and arrears related to the mortgage loan contract from the account.
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It is necessary to carefully read the content of the contract, whether the obligations of both parties A and B are in line with the provisions proposed, and the final signature, the contract takes effect, and is protected by law!