Does the filing have any legal effect, and the effect of filing and registration

The legal effect of online signature filing and registration is also there; However, it is generally necessary to sign online for the record after the two parties have signed a paper contract, and at the same time, it is necessary to ensure that the contract signed online is consistent with the paper contract, so that it can be protected by law in accordance with the law, so as to produce legal benefits.

Legal analysisIn accordance with the law, if a purchase agreement has been signed with the developer, the contract shall be deemed to have been established. If the house has obtained the pre-sale permit or the house ownership certificate, the contract has already taken effect, and whether it is signed online does not affect the validity of the contract. If the developer has not obtained a pre-sale permit and has not registered to obtain a title deed, the agreement is not legally valid.

When signing a contract, it is necessary to pay attention to the fact that for the terms that the developer thinks are unreasonable, you need to propose your own amendments and negotiate. To sum up the above, the online signature filing registration is that the two parties sign a contract online, so as to obtain the online signature number and carry out the filing and registration according to the law, so that all the information of the house can be found in the housing management department from time to time, which is completely protected by law, if as long as the online signature is not recorded, then it will not be legally effective. Even if the record is not recorded, once both parties sign the contract, the contract will take legal effect.

Legal basisCivil Code of the People's Republic of China

Article 119:Contracts established in accordance with law are legally binding on the parties.

Article 502:Contracts established in accordance with law shall take effect upon their establishment, unless otherwise provided by law or otherwise agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses.

If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations. Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.

Even if it is not recorded, once both parties sign the contract, the contract will take legal effect. If you want to defend that you have not filed for the record, you will not be able to pay the rent.

Legal analysis: As an administrative management method, filing and registration is not a notice registration, and cannot produce real right effect. The enforcement settlement agreement reached between the parties is essentially within the scope of the contract and does not necessarily lead to a change in property rights.

In addition, although the commercial housing sales contract signed by the buyer and the seller Shen Limin has been filed and registered, the effect is different from that of the advance notice registration and does not produce the effect of real rights. The filing is only applicable to commercial housing, and only refers to the filing of the pre-sale contract of commercial housing. Filing is a kind of compulsory registration, which is a unilateral obligation of the seller, and is more of an administrative color.

Legal basis: Article 86 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property The following materials shall be submitted to apply for the advance registration of pre-purchased commercial housing: (1) the pre-sale contract of commercial housing that has been filed; (2) the parties' agreement on advance notice registration; (3) Other necessary materials.

After the pre-seller and the pre-purchaser enter into a contract for the sale and purchase of commercial housing, if the pre-seller fails to apply for advance notice registration with the pre-purchaser as agreed, the pre-purchaser may unilaterally apply for advance notice registration. If the pre-purchaser unilaterally applies for the pre-purchase of commercial housing pre-registration, and the pre-purchaser and the pre-purchaser attach conditions and time limits to the pre-registration in the pre-sale contract of the commercial housing, the pre-purchaser shall submit the corresponding materials. If the commercial housing applying for advance notice registration has already gone through the first registration of the mortgage of the building under construction, the parties shall apply for the cancellation of the registration of the mortgage of the building under construction at the same time, and submit the materials for the transfer of the ownership of the immovable property and the certificate of registration of the immovable property.

The immovable property registration authority shall first handle the cancellation of the registration of the mortgage of the building under construction, and then handle the advance registration.

Legal analysis: Filing refers to reporting the cause to the competent authority for future reference. Filing is only a form of backup registration, and the backup is on file for review.

Filing does not imply examination and does not necessarily lead to the initiation of examination proceedings. If the filing authority considers that a review is necessary, it may initiate the review procedure. If someone raises an objection or application for the content of the record, the filing authority shall initiate the examination procedure.

Legal basis: "Regulations on the Filing of Laws and Regulations" Article 4 Departments, provinces, autonomous regions, municipalities under the jurisdiction of the People's Government and larger municipalities shall perform the duties of filing rules in accordance with the law, and strengthen the organization and leadership of the filing of rules.

Departmental legal institutions, provincial, autonomous regional, and municipal people's legal institutions and larger people's legal institutions of Oak City, are specifically responsible for the filing of rules and regulations in their own departments and localities.

As a form of administrative management, filing and registration is not a notice registration, and cannot produce the effect of real rights. The enforcement settlement agreement between the parties is essentially within the scope of the contract and does not necessarily lead to a change in property rights. In addition, although the commercial housing sales contract signed by the buyer and seller has been filed and registered, its effect is different from that of advance notice registration and does not produce the effect of real rights.

The filing is only applicable to commercial housing, and only refers to the preparation and excavation of the pre-sale contract of commercial housing.

For reference only, the housing sales contract for the record is only a measure for the real estate management department to carry out administrative management of the pre-sale of the house, and does not have the legal effect of determining the ownership of the house. The owner of the house can still enter into a contract of sale with another person, which is legally binding. 2. If the house sale contract is established and effective in accordance with the law, it is protected by law.

However, the validity of the sale and purchase contract does not mean that you have ownership of the house. The ownership of the house is based on the house ownership certificate (or real estate ownership certificate). 3. Of course, in the case of two sales of one house, if the house sale contract has been filed, it will be given priority over other house buyers who have not been recorded; However, even though the sales contract has been filed, if there is no actual receipt and use of the house by the buyer who has filed the record, the house is owned by the buyer who actually received it.

The house sale contract that has been filed does not have priority.

Legal analysis: Filing refers to reporting the cause to the competent authority for future reference. Filing is only a form of backup registration, and the backup is on file for review.

Filing is not intended to be a review and does not necessarily lead to the initiation of the review process. If the filing authority considers that an examination is necessary, it may initiate the examination procedure. If someone raises an objection or application for the content of the record, the filing authority shall initiate the review procedure.

Legal basis: "Regulations on the Filing of Laws and Regulations" Article 4 The people's governments of provinces, autonomous regions, municipalities directly under the Central Government and larger cities shall perform their duties for the filing of rules in accordance with the law, and strengthen the organization and leadership of the filing of rules.

Departmental legal institutions, provincial, autonomous regional, and municipal people's legal affairs bodies and the people's legal affairs bodies of larger cities, are specifically responsible for the filing of rules and regulations in their respective departments and localities.