What should I pay attention to when buying a house and signing a contract?

When signing the contract, the buyer should carefully scrutinize the contents of the "Commercial Housing Quality Assurance Certificate" and the "Residential Instruction Manual", and take the warranty certificate as an annex to the contract. In addition, the contract should determine the property management company in the early stage, as well as the property management scope and charging standards agreed by both parties.

After signing the contract, there may be changes or refinements in details such as the size of the house, property rights, payment methods, payment terms, exemption clauses, etc., and the seller will require the buyer to sign a supplementary agreement, which is a supplement or change to the main contract, and often sets restrictions on the buyer's rights or sets more obligations for the buyer. Therefore, it is important not to be negligent and cautious when signing the supplementary agreement.

When the buyer looks at the contract, he must be careful, especially in the early stage, he must be familiar with some laws and regulations, and the buyer must check the proof that the contract belongs to the law. Once we sign it, it will be legally enforceable, so remember that you must not be sloppy when checking the content of the contract.

There are 4 major matters to pay attention to when buying a house and signing a contract: (1) Determine the property rights of the house. The new house looks at the "five certificates", and the second-hand house should check the owner on the real estate certificate.

2) The specific conditions and time limit for delivery should be agreed. (3) List the fees to be paid to avoid arbitrary charges. (4) The liability for breach of contract should be clearly stated in the contract.

Avoid the developer passing the buck.

Pay special attention to these points in the purchase contract! If you sign a house, it's not yours, and you spend a lot of money in vain.

1. Use the standard contract text. Do not arbitrarily modify the "text", fill in carefully according to the terms listed in the text, and understand the specific content. Do not arbitrarily sign the "Order Agreement" set by the developer and pay the deposit. Sign a pre-sale contract directly with the developer.

2. The relevant supporting documents are valid. Carefully check whether the business license and development qualification certificate are valid and true, and pay attention to whether the names of the units in these license documents are consistent.

3. Check the quality of the house. When signing the contract, you should check the contents of the "Residential Instruction Manual" and the "Commercial Housing Quality Assurance Certificate", and take the "Commercial Housing Quality Assurance Certificate" as an attachment to the contract to check whether there is any responsibility of the developer for quality problems.

4. Agree on the conditions and time limit for buying off-plan housing. The so-called delivery of the house has two meanings: one is the right to use the house, that is, the physical delivery; The other layer is the transfer of ownership of the house, that is, the transfer of property rights.

The physical delivery and transfer of property rights should be clearly agreed in the pre-sale contract, and the delivery of the house without obtaining the "Permit for the Delivery and Use of New Residential Buildings" cannot be accepted.

5. Clarify the specific time and liability for breach of contract. 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 if he fails to deliver the house on time. For check-out, the responsibilities of both parties need to be clearly defined.

Things to pay attention to when buying a house and signing a contract: 1. Urban residents buy rural houses. 2. The seller has no capacity for civil conduct.

3. Default and repentance. 4. There is a bright line of fraud. 5. The house does not have a property right certificate.

6. Involuntary transactions. 7. Housing transactions are restricted. 8. Illegal pre-sale.

Legal basis

Article 16 of the Administrative Measures for the Sales of Commodity Housing stipulates that when selling commercial housing, the real estate development enterprise and the buyer shall enter into a written contract for the sale and purchase of commercial housing. The contract for the sale and purchase of commercial housing shall specify the following main contents: (1) the name or name and address of the parties; (B) the basic condition of commercial housing; (C) the way of sale of commercial housing; (4) The method of determining the price of the commodity and the total price, the method of payment, and the time of payment; (E) the conditions and date of delivery and use of the grinding belt; (6) Commitment to decoration and equipment standards; (7) Commitments to the delivery of supporting infrastructure and public facilities such as water supply, power supply, heating, gas, communications, roads, and greening, as well as relevant rights and responsibilities; (H) the ownership of public supporting buildings; (9) the way in which the area difference is handled; (10) Matters related to the registration of property rights; (11) the method of dispute resolution; (12) Liability for breach of contract; (13) Other matters agreed upon by both parties.

Before checking the identity of the other party and signing the purchase contract, it is necessary to clarify who the real property owner of the commercial house is, and it is the subject of the purchase contract. In addition to the above-mentioned "five certificates", the law stipulates that the commercial houses that have been seized, mortgaged and sold without the consent of the original buyer cannot be sold, otherwise, the buyer will face huge risks until the house is empty. Agree on the deposit rules, the current common practice of commercial housing sales is that the buyer first signs the subscription letter and pays the deposit when buying the house, and then signs the purchase contract.

Since the buyer did not see the contract beforehand, he was in a dilemma between signing and not signing, and he did not know whether to sign or not.

After reviewing the contract of purchase and confirming that there is no problem, the seller must return the deposit to the buyer without signing the subscription letter, directly signing the purchase contract and paying the deposit at the same time, and stating in the subscription letter that if the two parties fail to negotiate the contract for the sale and purchase of commercial housing, the seller must return the deposit to the buyer.

1. The property right certificate should be complete

When buying a house, you must see whether the developer's documents are complete, and a house with incomplete documents cannot be purchased. Also ask if you can apply for a title certificate. Including the "State-owned Land Use Right Certificate", "Construction Land Planning Permit", and "Commercial Housing Pre-sale License".

These three certificates are necessary conditions for applying for property rights certificates. The original certificate of the sales permit should be hung at the sales site, and the original certificate can be seen at the sales site, and then there is whether the land certificate is mortgaged, and the land use certificate has a remarks page, if the developer has made a development loan to the bank, it will be indicated on the land use right certificate. There is also the developer's business license, and whether there is a real estate developer's land operation license in the scope of the camp.

2. Postponement of delivery:

Many friends have encountered such a thing, when it comes to the delivery date, the developer cannot deliver the house on time. The Supplementary Agreement of the Developer stipulates that "if the developer delays the delivery of the property, the owner shall pay liquidated damages according to 1/1000th of the daily price paid by the owner, and the total amount of liquidated damages compensation shall be limited to the house price5. "This kind of agreement is very unreasonable.

3. Payment method and term:

Buying a house requires a large amount of money, and it is necessary to confirm with the developer how and when to pay the house price before buying it. One-time payment can be negotiated with the developer, is it possible to leave about 5 of the house payment, after the formal delivery of the house to pay, the bank loan should not be paid to the developer's account within the agreed time, according to the contract, you have to pay the corresponding amount of liquidated damages, so the time should be more abundant. Before signing a formal purchase contract, it is recommended that you consult the bank designated by the developer, or consult with a lawyer about your credit conditions to see if you can get a credit loan to avoid other troubles.

4. Shared area:

Each building has a shared area, and the shared area of each real estate is also different, so you must ask for the shared area when buying a house. Warehouses, garages for motor vehicles, garages for non-motor vehicles, basements for civil air defense, and spaces that can be used separately should not be counted. There are also houses that sell units for their own use, such as the sales center made by the developer in the lobby.

The management room for multiple houses, in layman's terms, is the part that is not connected to the building, such as the property management room of the community.

In the process of buying and selling a house, how to sign a contract for the sale of a house and what issues to pay attention to are the concerns of many people. Only by understanding clearly can you better prevent legal risks. When buying a house, you should pay attention to the agreement between the buyer and the seller in the contract.

It should not be limited to oral agreements, but should be fixed in writing. Particular attention should be paid to the review of the property by the buyer. For example, if there are co-owners of the house, and if there are co-owners, then the co-owners need to sign the contract together.

In addition, both parties should retain relevant evidence in the course of the transaction, and if a dispute arises, the signed contract and payment voucher are important evidence materials.

Civil Code of the People's Republic of China

Article 595:A sales contract is a contract in which the seller transfers ownership of the subject matter to the buyer and the buyer pays the price.

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

Article 597:Where the ownership of the subject matter cannot be transferred due to the seller's failure to obtain the right of disposition, the buyer may terminate the contract and request the seller to bear the liability for breach of contract. Where laws or administrative regulations prohibit or restrict the transfer of subject matter, follow those provisions.

The following matters should be paid attention to when signing a contract to buy a jujube round:

1. Confirm that the developer has obtained the pre-sale license of commercial housing;

2. Confirm whether the standard terms formulated by the developer are fair;

3. Clearly agree on the conditions for the delivery of the house and the liability for breach of contract for delay in delivery;

4. Clearly stipulate the method of dealing with the mortgage right in the blind cave;

5. Clarify the settlement method for area error;

6. Handle the relevant registration procedures in a timely manner.

Legal basisArticle 595 of the Civil Code is withered.

A sales contract is a contract in which the seller transfers ownership of the subject matter to the buyer and the buyer pays the price.

Article 596.

The content of the sales contract generally includes the name, quantity, quality, price, performance period, place and method of performance, packaging method, inspection standard and method, settlement method, text used in the contract and its effect.

Pay special attention to these points in the purchase contract! If you sign a house, it's not yours, and you spend a lot of money in vain.

There are 4 major matters to pay attention to when buying a house and signing a contract: (1) Determine the property rights of the house. The new house looks at the "five certificates", and the second-hand house should check the owner on the real estate certificate.

2) The specific conditions and time limit for delivery should be agreed. (3) List the fees to be paid to avoid arbitrary charges. (4) The liability for breach of contract should be clearly stated in the contract.

Avoid the developer passing the buck.