Under what circumstances is the signing of a proposal to sell a house invalid?

The real estate certificate and the purchase contract are not signed by the person. However, the trustee does not have a power of attorney and notarial deed.

The following scenarios.

1。Not willingly.

2。Closing the house** Less than 70% of the market value of the property at the time of the sale and purchase can be sued for invalidity.

3。Downstairs to add.

This one is the hardest! It should be asked under what circumstances is the signing of the sale agreement valid!

An effective agreement is first and foremost in accordance with national and local transaction procedures!

Generally speaking, there is no signature on behalf of the other, and there is no obvious one party bullying the other party in the agreement, which should be in line with the market situation, including but not limited to, the two signatories, especially the transferor's property owner!

Legal analysis: 1. One party concludes a contract by means of fraud or coercion, which harms the interests of the state; 2. Malicious collusion to harm the interests of the state, the collective, or a third party; 3. Concealing illegal purposes in a lawful form; 4. Harming the public interest; 5. Violating the mandatory provisions of laws and administrative regulations.

Legal basis: Article 153 of the Civil Code of the People's Republic of China.

Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act. Civil juristic acts that violate public order and good customs are invalid.

In any of the following circumstances, the house sale contract is invalid:

1) One party concludes a contract by means of fraud or coercion, harming the interests of the state.

2) Contracts concluded on the basis of material misunderstandings.

3) Buying and selling houses in violation of the law.

4. Harming the public interest;

Five) real estate and real estate are transferred separately, and the contract is invalid.

Legal basis: Article 147 of the Civil Code of the People's Republic of China: Where a civil juristic act is carried out on the basis of a major misunderstanding, the actor has the right to request that the people's court or arbitration institution revoke it.

Article 148 of the Civil Code of the People's Republic of China: Where one party uses deception to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

Article 149 of the Civil Code of the People's Republic of China: Where a third party commits a fraudulent act, causing one party to carry out a civil juristic act contrary to its true intentions, and the other party knows or should know of the fraudulent act, the defrauded party has the right to request that the people's court or arbitration institution revoke it.

Article 150 of the Civil Code of the People's Republic of China: Where one party or a third party uses coercion to cause the other party to carry out a civil juristic act contrary to its true intentions, the coerced party has the right to request that the people's court or arbitration institution revoke it.

Article 151 of the Civil Code of the People's Republic of China Where one party takes advantage of the other party's distress or lack of judgment ability, resulting in the establishment of a civil juristic act that is obviously unfair, the injured party has the right to request the people's court or arbitration institution to revoke it.

If part of the co-owners of the house sale contract are not signed, the contract is still valid, and a separate letter of commitment can be issued for the co-owners to agree to the house. In the case of the house, based on the principles of publicity and credibility of the immovable property, the buyer has reason to believe that the seller is the full owner of the house, and the sales contract signed between the buyer and the seller shall be deemed valid; However, if there is evidence to prove that the buyer is at fault, maliciously colluding with the seller to harm the interests of other co-owners.

[Legal basis].

Article 300 of the Civil Code, where the co-owners of the file agree not to divide the jointly owned immovable or movable property in order to maintain the co-ownership relationship, it shall be in accordance with the agreement, but if the co-owners have major reasons to need to divide it, they may request division; If there is no agreement or the agreement is not clear, the co-owners may request division at any time, and the co-owners may request the division of the shares when the basis of the joint ownership is lost or there are serious reasons for the need for division. Where the division causes harm to other co-owners, compensation shall be given.

As long as there is no illegal act, there is no dispute between the buyer and the seller.

Article 41 of the Law on the Administration of Urban Real Estate stipulates that a written transfer contract shall be signed for the transfer of real estate, and the method of obtaining land use rights shall be specified in the contract.

Article 10 of the Contract Law stipulates that the parties may 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. The signing of the contract for the sale and purchase of the house shall be in written form. However, Article 36 of the Contract Law stipulates that if a contract is concluded in writing as stipulated by laws and administrative regulations or agreed by the parties, and the parties have not adopted the written form but one party has performed its main obligations and the other party has accepted it, the contract shall be established.

Therefore, even if the contract for the sale and purchase of a house is not in writing, it does not necessarily invalidate the contract. If both the buyer and the seller have actually fulfilled their main obligations, the buyer has paid the house price, and actually used and occupied the house, and there are no other illegal acts, but the sales contract is not in writing, the sale and purchase relationship shall be deemed valid.

However, in order to meet the needs of the transfer, a written contract for the sale and purchase of the house should be signed, and the buyer may request the seller to assist in the transfer of property rights.

The sale and purchase contract is a non-essential contract, and the absence of a written contract does not affect the validity of the housing transaction.

Due to the large amount of money involved and the complexity of the formalities involved in real estate transactions such as houses, a written contract for the sale and purchase of houses shall be signed to protect the lawful rights and interests of the buyer and the seller and maintain the order of market transactions.