Why did Jiashan Peacock Villas delay in signing the house purchase contract?

Jiashan Peacock City off-plan purchase concealed that the sales price was higher than the record price of 9000, resulting in now can not be signed normally in March this year in Jiashan Peacock City 9 phase to buy a set of off-plan housing, the purchase price at that time was nearly 13,000 yuan a flat, when buying the salesman said that it was to do activities, you can first make a down payment, the other two layers of developers to find a third-party company interest-free advance 5 months due we can make up for it, after signing the initial, I also went to the bank to sign the loan, but the initialed contract did not give us, Sales made it clear that 2 months can be signed back to wait for him, but in early May has not been notified of the network sign, ** contact salesman said that the Jiashan network sign system upgrade the whole Jiashan can not sign, let us continue to wait, and then contact to inform us that it is Jiashan net price 9000 our purchase price 13000, our** higher than the net price so can not sign, and this network sign ** is 16 years in December The housing authority has notified the developer, but we bought in February this year when the salesman did not mention a word. We contacted other owners of Peacock Villas Phase 9, and learned that everyone is in this situation, and it is estimated that more than half of them can not sign normally, and the developer said that it must now be signed according to the ** of 9000, and the extra must be paid for the premium to sign, and the plan given by the developer is now 1Bind the parking space 40,000 + premium for a loan for 5 years; 2.

The cost of the renovation plan of the house (the premium can be paid in cash, you can choose this); 3.Keep waiting; 4.Check out (the payment will be received in about 2 months, and the developer will not make any compensation).

We only paid a down payment of one percent to July to pay off the remaining two percent, and now I want to sign online to make up the premium, I really can't get so much money, continue to wait and fear that the policy will change and lose the purchase qualification, the developer also said that if you continue to wait for the emergence of such a purchase restriction policy to social security, they do not assume any responsibility, and the initialed contract signed at that time and the contract developer who advanced two percent of the down payment did not give. I would like to consult a lawyer on how we should defend our rights now in this situation, and is there any need to continue waiting? What are the hidden dangers if you make up the premium of 9000 online?

I don't know, several friends are in this state, it's too pit.

The pre-sale permit, which could not be signed, did not come down and Peacock Villas began to sell. You have to wait for his pre-sale license to be approved before you can sign the contract, a total of 12 periods.

I'm also in this situation, do the owners of the community have a group?

I don't know what's going on, we didn't sign it, and we only said let's wait.

The developer of Jiashan Peacock Villas is not reliable at all, before paying the deposit, and said that the refund procedures were returned, and the refund was told that it would be returned within 15 days to 30 days, and the result was asked again and again, and they all said that they were refunded, and it arrived in these two days, and now two months have passed, and it has not been returned.

A privately signed contract for the purchase of a house is legally valid and requires the following conditions to be met:

1. The actor who signs the house purchase contract shall have the corresponding civil capacity;

2. The content of the purchase contract is an expression of the true intentions of both parties;

3. The purchase contract does not violate the law and the public interest.

The contents of the contract for the purchase of commercial housing signed in accordance with the law shall have legal effect, and the parties shall fully perform their obligations in accordance with the agreement. Article 8 of the Contract Law A contract established in accordance with law shall be legally binding on the parties. The parties shall perform their obligations in accordance with the agreement and shall not modify or terminate the contract without authorization.

Contracts established in accordance with the law are protected by law.

The purchase contract is an agreement reached between the buyer and the real estate development enterprise on the basis of equality, voluntariness and consensus on the purchase and sale of commercial housing in accordance with the provisions of 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 seller shall carefully read the contents of this contract, and if there is any inconsistency in the understanding of the terms of the contract and the professional terms, it may consult the local real estate development authority, and if there is no objection, it shall be deemed that both parties agree to the content. Before signing the contract, the seller shall present to the buyer the relevant certificates and supporting documents that shall be provided by the seller.

The contents of the purchase contract should be as comprehensive and detailed as possible, and the provisions should avoid conflicts with each other, especially with national policies and regulations; The written expression should be clear and accurate; The identity and responsibilities of the buyer and the seller who sign the contract should be clear.

The purchase agreement has legal effect, but the purchase agreement is not equivalent to the purchase contract registered with the housing authority.

According to Articles 32 and 44 of the Contract Law, if the parties conclude a contract in the form of a written contract, the contract shall be concluded when both parties sign or affix their seals. A contract established in accordance with law shall take effect from the time of its establishment. Where laws and administrative regulations provide that formalities such as approval or registration shall be handled to take effect, follow those provisions.

At the same time, Article 9 of the Property Law stipulates that the creation, alteration, transfer and extinction of immovable property rights shall become effective upon registration in accordance with law. Without registration, it shall not take effect, unless otherwise provided by law. Therefore, the house sale and purchase agreement is established, which has been established from the time when the buyer and seller sign the agreement, but has not yet taken legal effect, and the house sale and purchase contract has legal effect when the transfer of property rights from the house is registered.

Regardless of whether the law is prescribed, it also depends on the specific situation, if it is pressed.

The Supreme People's Court of the People's Republic of China on the Preparation and Trial of Commodities.

Article 23 of the Interpretation of Several Issues Concerning the Application of Law in Cases of Disputes over Housing Sales Contracts stipulates that if the buyer pays in the form of a secured loan and fails to conclude a commercial housing secured loan contract due to the reasons of one of the parties, resulting in the inability to continue to perform the contract for the sale and purchase of commercial housing, the other party may request to terminate the contract and compensate for losses. If the contract for the sale and purchase of commercial housing cannot be continued due to reasons not attributable to both parties, the parties may request to terminate the contract, and the seller shall return the principal of the purchase price and the interest or deposit received to the buyer.

According to the above provisions, you can only win the lawsuit if there is sufficient evidence to prove that you "failed to conclude a commercial housing secured loan contract due to reasons not attributable to both parties".

The odds of success are slim.

There is no definitive answer to this question.

I went through one of these lawsuits, and in the end, the court ruled that both sides would play 50 boards each.

There is no question of who wins and who loses. In short, there will be no big loss on one side.

It depends on whether you and his overlord clause is illegal, if it is illegal, the contract is invalidated, there is no breach of contract, and if the clause is legal, it will be difficult for you to sue.

If it's because of the complex.

If your reasons lead to the failure of the mortgage system, it is reasonable for you to bear certain responsibility (the loss of capital cost if the funds are not in place in time), and if the liability corresponds to the loss of capital cost, it is difficult to define it as an overlord clause. But if it's not your fault, it's unfair.

In the same way, if the mortgage is unsuccessful due to your reasons, and you propose to move out, it is certain that you want to pay back, but you should bear the corresponding responsibilities as agreed.

Article 23 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 buyer makes payment in the form of a secured loan and fails to conclude a contract for the secured loan of commercial housing due to reasons attributable to one of the parties, resulting in the inability to continue to perform the contract for the sale and purchase of commercial housing, the other party may request to terminate the contract and compensate for losses. If the contract for the sale and purchase of commercial housing cannot be continued due to reasons not attributable to both parties, the parties may request to terminate the contract, and the seller shall return the principal of the purchase price and the interest or deposit received to the buyer.

No matter how you write it, it is an agreement between you, and legally the real estate registrant is the owner, so you should be cautious.

It's best to get the real estate certificate as soon as possible, the real estate certificate is the most legally valid, don't be fooled in order to save a little transfer fee.

It is best to have a lawyer draft for you, the cost is not very much, and potential risks can be avoided!

If you meet the conditions for buying resettlement housing, you can't do the transfer.

What we mean is not to notify the bank, I deposit money into the bank account, and then the real estate certificate will still be given to my friend, and then I can handle the transfer, now this purchase agreement is not easy to get, I don't know how to have legal effect.

For insurance purposes, contracts can be drafted.

Generally, the family should pay off the loan before selling the house.

If a contract is drafted, what is the legally valid evidence?

Is it the signature, seal, and fingerprint of both parties?

Both parties should sign and seal the agreement, but it is important to effectively stipulate the rights and obligations of the parties in the agreement to prevent disputes.

The validity of the contract is there, but it is prone to breach of contract.

Signing a sub-mortgage loan contract through an intermediary can not only handle the loan procedures for free, but also allow the interests to be protected.

There is nothing wrong with the contract itself, nor is there any conflict between the contract and the law that you are talking about. The supplementary agreement is written by the developer and uploaded to the construction committee for online answering, and the main contract is in the form of consent. You didn't figure it out in the first place.

However, the current contract is also difficult to change, even if you see the terms that you are not clear or do not accept before signing the contract, sorry you can choose not to buy, and the developer can also choose not to sell, but you just can't choose to modify the contract.

Sadly, you pray that your house will be delivered on time, with quality and quantity, and that there will be no planning changes in the future, these are the things you should pay attention to.

Good luck!!

Departmental rules, local regulations, and provisions are subordinate to national laws, and other laws are subordinate to the Constitution, and the purchase contract is no exception, and should comply with national laws and regulations.

This contract is strictly illegal.

Because the legitimacy of a second-hand housing transaction must first have a real estate certificate. The essence of a real estate transaction is a property rights transaction, and a transaction contract without a real estate certificate is not protected by law.

Another circumstance must also be stated. If the buyer knows in advance that there is no title deed, the seller does not conceal the facts, and the buyer signs the contract, this shows that the buyer is willing to accept this fact. Therefore, once the law is resorted to, the contract cannot simply be terminated on the grounds that it is invalid.

A contract is valid as long as it is an expression of the true intentions of both parties and does not violate the principle of public order.

When it comes to real estate contracts, the law stipulates that registration is valid, so it is recommended to go through the transfer procedures at the real estate transaction center. Even if the title deed is not down, you can go there first to sign the transfer formalities.

This contract is valid, I am in this industry, and I have done this procedure many times in my hands... You can sign the contract first, and then transfer the property right certificate out...

A privately signed contract for the purchase of a house is legally valid and requires the following conditions to be met:

1. The actor who signs the house purchase contract shall have the corresponding civil capacity;

2. The content of the purchase contract is an expression of the true intentions of both parties;

3. The purchase contract does not violate the law and the public interest.

PZW-YT: The purchase agreement of a second-hand housing transaction has legal effect as long as it is a true expression of intent of both parties. In second-hand housing transactions, in order to avoid risks, buyers can apply for notarization, but notarization is not a mandatory procedure.

According to the Joint Notice on Strengthening Notarization in the Administration of Real Estate Registration jointly issued by the Ministry of Justice and the Ministry of Construction, only the following types of matters must be notarized:1Inheritance of real estate shall be handled"Notarial certificate of inheritance"；2.

A will established by the testator for the purpose of disposing of real estate shall be notarized. If the will for the disposal of real estate has not been notarized, after the will takes effect, the legal heir or beneficiary of the will shall negotiate and sign the estate division agreement according to the content of the will, and go through the registration procedures for the transfer of ownership of the real estate with the real estate management authority after the notarization certificate; 3.The donation of real estate shall be handled by the donor"Notarial deed of gift contract"；4.

Legal affairs related to foreign-related and Hong Kong, Macao and Taiwan related to the transfer of real estate ownership must be notarized. In the process of ownership notarization, the notary should review the parties' subject qualification materials, the legality and authenticity of the real estate. Only legal and authentic ones can be notarized.

Notarization can reassure the buyer and seller, improve mutual trust, and in the event of a dispute, the notarial deed has legal effect.

Don't play with fire. Repost an article for your reference. Remember to register the "household registration" when buying a house to avoid more trouble in the future The "House Ownership Certificate" is a legal document for the state to protect the legitimate rights and interests of the house owner in accordance with the law, and it is a necessary element for the property owner to exercise his legitimate rights and interests.

Unregistered houses are not protected by law, and at the same time, they can cause unnecessary trouble and losses to buyers. Unregistered houses cannot be bought or sold. Even if the transaction is private, the transfer procedure cannot be completed.

Unregistered homes cannot be mortgaged. Mortgage on a house is a safe way of financing approved by banks, and without a title deed, the house cannot be mortgaged, which will affect doing business or investment. Unregistered homes cannot be rented out.

If the rented house does not have a title certificate, and there is a dispute between the two parties (rent arrears or non-vacancy when it expires), the legitimate rights and interests of the lessor cannot be protected. For unregistered houses, when the right holder has a dispute with others or is infringed on the property rights of the house, his rights and interests cannot be protected because he cannot provide the property right certificate to the administrative, arbitration or judicial authorities. For unregistered houses, once the house is compensated for house demolition, the buyer may not be compensated because he does not have a title certificate.

Unregistered houses cannot be inherited or gifted. When a house is donated or inherited, it must be notarized. According to the regulations, without the property right certificate, the notary department will not go through the relevant procedures, and the rights and interests of the heirs and donees will not be protected.