I signed a purchase contract, but I didn t get it until the end of the year

Knowing the connoisseur, lawyer Zhou Rena also talked about: "According to the provisions of China's "Contract Law", the contract needs to have two elements: an offer and a promise, and now only you sign unilaterally, it is deemed that you have made an offer, and if the other party has not stamped it, it means that the contract has not been established."

But why?

I signed a house purchase contract in Rongsheng Yuelu Fengjing, but after signing it, I was told that I would not get the contract until the end of the year, saying that I would first sign it online and then hand it over to the company for sealing.

That's the developer's plan for their own self-interest, they think, if the house price is stable or ** at the end of the year, they will stamp it to you, pay according to the contract price, if the house price rises at the end of the year, they will find a reason to ask you to modify the contract before stamping, they are for drought and flood to ensure income.

First sign online and then hand over to the company for sealing, that is just an excuse for them to guarantee income in drought and flood, at the end of the year they want to raise prices, you can't say what you have suffered, and you can't fight a lawsuit.

Suggestion. 1. Immediate stamping is required.

2. Take the initiative to cancel the contract.

Hello, according to the provisions of China's "Contract Law", the contract needs to have two elements of offer and commitment, now only you sign unilaterally, as you have made an offer, if the other party has not been sealed, it means that the contract has not been established, if you want to get it as soon as possible can send a letter to the other party, let the other party seal and give the contract to you within how many days, otherwise you can withdraw the offer, that is, do not buy the house.

Don't make a mistake about this line on the purchase contract! Many people are careless and have no time to regret it.

Legal analysis: The purchase contract can generally be obtained within 30 days after the purchase of the house. After the buyer signs the purchase contract with the developer, the developer must take the contract to the housing authority for filing, but because the developer often has accumulated a certain number of contracts on hand before going to the housing authority for centralized filing, but the maximum should not exceed 30 days.

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

Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 596: The contents of a sales contract generally include the name, quantity, quality, price, time limit, place and method of performance, packaging method, inspection standards and methods, settlement method, words used in the contract and its effect, etc.

Get the purchase contract within 30 days after buying the house: After the buyer signs the purchase contract with the developer, the developer will take the contract to the housing authority for filing, but because the developer often has accumulated a certain number of contracts on hand, it will go to the housing authority for centralized filing, but the longest should not exceed 30 days; After the real estate development project obtains the "Commodity Housing Pre-sale (Sales) License" and the pre-registration notice, within 30 days from the date of signing the "Commodity Housing Sales Contract" with the off-taker, the real estate development enterprise shall apply to the real estate transaction management department within the jurisdiction of the project for the filing of the commercial housing pre-sale contract; Depending on the complete information provided by the buyer, the real estate registration department can complete the housing registration and filing procedures within 7 working days. For those who meet the conditions for the filing of the contract, the real estate registration department shall affix the "special seal for the filing of the pre-sale contract of commercial housing" in the "Commodity Housing Sale and Purchase Contract" to be noted.

Buyers can check and publicize on the city's real estate market information network.

1. What should I do if I regret it after signing the purchase contract?

If the developer does not agree to terminate the contract, the buyer will bear the liability for breach of contract, and the deposit that has been paid has no right to be returned by the other party.

According to Article 577 of the Civil Code implemented in 2021, if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 587 stipulates that if the debtor performs its debts, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.

2. What should I do if I find that I have been deceived after signing the house sales contract.

If you have been deceived into signing a house sale contract, you can terminate the house contract by filing a lawsuit with the court or requesting arbitration from an arbitration institution. According to the provisions of the relevant laws of our country, if a contract is signed by fraudulent means, the fraudulent contract can be revoked, and there is no need to terminate the contract after the contract is revoked. The defrauded party has the right to request the people's court or arbitration institution to revoke it.

Article 143 of the Civil Code [Conditions 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) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 148:[Effect of Civil Juristic Acts Carried Out by Fraudulent Means]Where one party uses fraudulent means to cause the other party to carry out civil juristic acts contrary to their true intentions, the defrauded party has the right to request that the people's court or arbitration institution revoke them.

How long does it take to get the purchase contractAfter signing the purchase contract with the developer, the developer has to take the imitation of the round service to the housing authority for filing, but because the developer often goes to the housing authority for centralized filing after accumulating a certain number of contracts on hand, it will cause you to not get the contract immediately, but the length should not exceed 30 days. After the real estate development project obtains the "Commodity Housing Pre-sale (Sales) License" and the pre-registration notice, within 30 days from the date of signing the "Commodity Housing Sales Contract" with the off-taker, the real estate development enterprise shall apply to the real estate transaction management department within the jurisdiction of the project for the filing of the commercial housing pre-sale contract. Depending on the complete information provided by the buyer, the real estate registration department can complete the housing registration and filing procedures within 7 working days.

For those who meet the conditions for the filing of the contract, the real estate registration department shall affix the "special seal for the filing of the pre-sale contract of commercial housing" in the "Commercial Housing Sales Contract" (including the full set of electronic versions) to be noted. Buyers can check and publicize on the city's real estate market information network.

Article 10 of the Administrative Measures for the Pre-sale of Urban Commercial Housing shall be pre-sold for commercial housing, and the developer shall sign a pre-sale contract for commercial housing with the offtaker. The development enterprise shall, within 30 days from the date of signing the contract, go through the registration and filing procedures for the pre-sale contract of the 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.

Legal analysis: After signing the purchase contract, you should usually be able to get the recorded contract within 30 days, because the "Measures for the Administration of Urban Commercial Housing Receivable" clearly stipulates that after signing the pre-sale contract of commercial housing, the developer needs to go to the housing authority and relevant departments for filing within 30 days, and online signing and filing is an indispensable process in the process of buying and selling commercial housing.

Legal basis: "Measures for the Administration of Commodity Housing Sales" Article 6 The pre-sale permit system shall be implemented for the pre-sale of commercial housing. The pre-sale conditions of commercial housing and the procedures for the pre-sale permit of commercial housing shall be implemented in accordance with the relevant provisions of the Regulations on the Administration of Urban Real Estate Development and Operation and the Administrative Measures for the Pre-sale of Urban Commercial Housing.