Is the contract for the sale and purchase pre sale of commercial housing a formal contract?

Signing a pre-sale contract is not a formal contract. Usually, the formal contract for the purchase of a house is a contract for the sale and purchase of commercial housing, while the pre-sale contract is a kind of agreement contract signed between the developer and the buyer.

Legal analysisSigning a pre-sale contract is not a formal contract. The pre-sale contract of commercial housing refers to the written agreement between the pre-seller and the pre-purchaser that the pre-seller will transfer the ownership of the completed commercial house to the pre-purchaser within the agreed time, and the pre-purchaser will pay the deposit or part of the payment to the pre-seller and accept the commercial house on schedule. The pre-sale contract of commercial housing is based on the house under construction, which is a kind of sales contract, but the pre-sale contract of commercial housing is different from the general sales contract.

The pre-sale contract of commercial housing is not an appointment contract, according to the relevant laws and regulations, the reservation contract is a contract in which the parties agree to conclude a certain contract in the future; This contract is a contract concluded for the purpose of fulfilling the reservation contract. The Reservation Contract has a different nature and legal effect from this Contract. The obligation of the parties to the reservation contract is to conclude this contract, so one of the parties can only request the other party to conclude the contract, and cannot request the other party to perform according to the contents of the reservation contract.

At the time of the establishment of the commercial housing pre-sale contract, the house does not exist or has not yet been built, so it has the word "pre-sale", but the commercial housing pre-sale contract is by no means an appointment contract. Because in the pre-sale contract of commercial housing, the pre-seller and the pre-purchaser have clear provisions on the location and area of the house, the delivery method and time limit of the price, the delivery period of the house, the quality of the house, and the liability for breach of contract, etc., the two parties do not need to enter into a separate house sale contract in the future, that is, they can directly perform in accordance with the provisions of the pre-sale contract of the commercial house, and go through the registration procedures for the transfer of property rights, so as to achieve the transaction purpose of both parties.

Legal basisLaw of the People's Republic of China on the Administration of Urban Real Estate Article 45 The pre-sale of commercial housing shall meet the following conditions: (1) all the land use right transfer fees have been paid and the land use right certificate has been obtained; (B) holding a construction project planning permit; (3) According to the calculation of the pre-sold commercial housing, the funds invested in the development and construction of the project shall reach more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery date have been determined; (D) to the county level or above the people's ** real estate management department for pre-sale registration, to obtain the commercial housing pre-sale license certificate. The pre-seller of commercial housing shall, in accordance with the relevant provisions of the state, submit the pre-sale contract to the people's real estate management department and land management department at or above the county level for registration and filing.

The proceeds from the pre-sale of commercial housing must be used for the construction of relevant projects.

The pre-sale contract of commercial housing is not a formal contract, the formal contract is the "Commodity Housing Sales Contract", a pre-sale contract.

It is a kind of agreement contract signed by Fang Kai and you, and to put it bluntly, it is a deposit contract.

The "Commercial Housing Sales Contract" is a formal contract, it must be filed with the Housing Authority, and if you sign this contract and have filed it with the Housing Authority, it means that the house is yours!

A pre-sale contract, which contains the conditions of a formal contract, can be considered a formal contract. For example, the price, the specific introduction of the commercial house, etc.

Legal analysis: "Commodity Housing Pre-sale Contract" is a kind of formal commercial housing sales contract, which is used for pre-sale commercial housing (the other is called "Commodity Housing Sales Contract" or even for the sale of existing houses), and is generally supervised by the local municipal housing management bureau.

Legal basis: Article 10 of the Administrative Measures for the Pre-sale of Urban Commercial Housing stipulates that for the pre-sale of commercial housing, the developer shall sign a pre-sale contract with the purchaser.

The developer shall, within 30 days from the date of signing, go through the registration and filing procedures for the pre-sale contract of 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: the pre-sale of a commercial housing sales contract is not a formal contract. The pre-sale contract of commercial housing is based on the house under construction as the subject matter, which refers to the agreement between the pre-seller and the pre-purchaser that the pre-seller will transfer the ownership of the completed commercial house to the pre-purchaser within the agreed time, and the pre-purchaser will pay a deposit or part of the payment to the pre-seller and accept the written agreement of the commercial house on schedule, which is a deposit contract to put it bluntly.

The contract for the sale and purchase of commercial housing generally refers to a contract in which a real estate development enterprise, i.e., the seller, sells the completed house to the public and transfers the ownership of the house to the buyer and seller, and the buyer and seller pay the price. It is the most important document in commercial housing transactions, and it is the basis for determining the rights and obligations of developers and consumers.

Legal basis: Article 3 of the Administrative Measures for the Sales of Commodity Housing includes the sale of commercial housing and the pre-sale of commercial housing.

The term "commercial housing for sale" in these measures refers to the behavior of real estate development enterprises to give the buyer the commercial housing that has passed the completion and acceptance, and the buyer pays the house price.

The pre-sale of commercial housing in these measures refers to the act of real estate development enterprises giving the commercial housing under construction to the buyer in advance, and the buyer pays the deposit or house price.