Is it reasonable to pay a down payment before signing a purchase contract to buy a house?

It is unreasonable to pay a down payment first and then sign a house purchase contract, generally signing the contract first and then paying the down payment.

[Legal basis].Article 16 of the Administrative Measures for the Sales of Commercial Housing.

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 address of the parties;

2) The basic condition of commercial housing;

3) the way of sales of commercial housing;

4) The method of determining the price of the commodity and the total price, payment method, and payment time;

5) Conditions and dates of delivery;

6) Commitment to decoration and equipment standards;

7) Water supply, power supply, heating, gas, communications, roads, greening and other supporting infrastructure and public facilities delivery commitments and related rights and responsibilities;

8) the ownership of public supporting buildings;

9) the treatment of area differences;

10) Handling matters related to property rights registration;

xi) methods of dispute resolution;

12) Liability for breach of contract;

13) Other matters agreed by both parties.

It is also reasonable. Because the developer took a loan from the bank to develop the real estate, and then mortgaged the real estate to the bank. It's like when you take out a mortgage on a house, you have to mortgage the house.

And if there is a record in the real estate office or the like, it is not easy to trade with the mortgage, so it is necessary to release the mortgage first.

If the developer unmortgages the entire property, then it will require a lot of money, and if the sales are not good, it will be uncomfortable. Therefore, he will look at the market situation to appropriately release a few households, and then take them out and sell them, which can sign a contract first and then make a down payment. Then he can't sell other houses that haven't been released.

Then if you have your eye on other units that have not been released and really want to buy, then you need to make a down payment first, and then release the mortgage, and then sign the contract.

Legal analysis: It is unreasonable to pay a down payment first and then sign a house purchase contract. Buying a house is generally done by signing a purchase contract and then paying a down payment.

First of all, it depends on whether the developer has "five certificates", and secondly, it is necessary to use the standardized contract text, many developers will require buyers to sign a "Housing Purchase Agreement" before signing a formal pre-sale contract, and then pay a deposit. After signing the purchase contract, after the bank successfully disburses the loan, you can ask the developer for the purchase contract.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts

Article 2 If the seller has not obtained the certificate of pre-sale of commercial housing, the contract for the pre-sale of commercial housing concluded with the buyer shall be deemed invalid, but if the certificate of pre-sale license of commercial housing is obtained before filing a lawsuit, it may be deemed valid.

Article 3 The sales advertisements and promotional materials of commercial housing are invitations to offer, but the seller's explanations and promises on the housing and related facilities within the scope of the development plan of commercial housing are specifically determined, and have a significant impact on the conclusion of the contract for the sale and purchase of commercial housing and the determination of the housing **, which constitutes an offer. Even if the explanation and promise are not included in the contract for the sale and purchase of commercial housing, they should be the contents of the contract, and if the party violates it, it shall bear the liability for breach of contract.

Article 4 Where the seller accepts a deposit from the buyer as a guarantee for the conclusion of a contract for the sale and purchase of a commodity house by means of subscription, order, reservation, etc., if the contract for the sale and purchase of a commodity house is not concluded due to the reasons of one of the parties, it shall be handled in accordance with the provisions of the law on the deposit; If the contract for the sale and purchase of commercial housing cannot be concluded due to reasons not attributable to both parties, the seller shall return the deposit to the buyer.

Article 5 The subscription, ordering, reservation and other agreements of commercial housing have the main content of the commercial housing sales contract stipulated in Article 16 of the Administrative Measures for the Sales of Commodity Housing, and the seller has accepted the purchase price in accordance with the agreement, the agreement shall be recognized as the commercial housing sales contract.

Article 6 If the parties request confirmation of the invalidity of the contract on the grounds that the pre-sale contract of commercial housing has not gone through the registration and filing formalities in accordance with the provisions of laws and administrative regulations, it shall not be supported.

If the parties agree that the registration and filing formalities shall be the condition for the pre-sale contract of commercial housing to take effect, the agreement shall prevail, unless one of the parties has fulfilled its main obligations and the other party has accepted it.

Generally, a down payment should be made first, or both. The bank receives the documents submitted by the buyer, and after the review confirms that the buyer meets the mortgage loan conditions, it will issue the buyer a notice of consent to the loan or a letter of commitment for the mortgage loan. The buyer can sign a purchase contract with the developer or other ** businessmen.

[Legal basis].Article 1 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 Commercial Housing.

The term "contract for the sale and purchase of commercial housing" as used in this Interpretation refers to a contract in which a real estate development enterprise (hereinafter collectively referred to as the seller) sells a house that has not yet been completed or has been completed to the public and transfers the ownership of the house to the buyer, and the buyer pays the price.

It is unreasonable to make a down payment first and then sign a contract for the purchase of a house. You should sign the purchase contract before paying the deposit. The process of signing a purchase contract is as follows:

1. Review the purchase contract for whether there are unequal clauses and vague clauses, and modify or comment on the misunderstanding clauses; 2.Check the relevant documents of the other party to ensure that the ownership of the house is rough; 3.Sign or seal the purchase contract.

The precautions for signing a purchase contract are as follows:1Look at the developer's five certificates; 2.

To buy pre-sale, you need to pay a deposit, pay attention to whether the developer has a pre-sale license, and whether the purchased house is within the pre-sale range; 3.Pay attention to the floor area. Fill in the total construction area, the area in the suite, and the apportioned area when filling in the temporary differential measurement area; 4. Reach the agreed conditions and time limits faster.

5.Pay attention to the quality of the house; 6. Pay attention to property management matters, clearly determine the property management company, and clarify the management scope and charging standards; 7. Pay attention to the developer's removal of the fair trade clause in the model contract in the supplementary agreement; 8.Liability for breach of contract.

Including the responsibility of checking out after signing the contract, the responsibility of not paying on time, the responsibility of the developer who does not deliver the house on time, the responsibility of the area of the house, the responsibility of not meeting the quality, and the responsibility of not going through the transfer procedures.