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When signing the purchase contract, a number of purchase contracts will be signed, generally the buyer, the seller, the record registration, the property certificate, the loan bank, the insurance company, etc. have 1, the real estate certificate needs to be submitted when the purchase contract, and the situation that the real estate certificate is not returned is normal.
It is a normal procedure to be taken away after the purchase contract is signed, and there is nothing to worry about, so you don't have to worry too much. After signing the purchase contract, the developer will keep the purchase contract on behalf of the buyer, and the purchase contract will not take effect until the buyer's mortgage loan is completed and filed with the housing authority. For the pre-sale of commercial housing, the developer shall sign a contract for the pre-sale of commercial housing with the offtaker.
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.
This phenomenon is very normal, now the house only has a real estate certificate, and the previous house license attendance certificate has been cancelled. The purchase contract is useless, the real estate certificate is issued by the national regular phoenix, with this certificate as a lover is legal, can prove that the house is close, your so-called purchase contract can not also prove that the house was bought by you, and the certificate can also prove that you want to drink it? It's not that my certificate is legal, and according to the country, there is nothing to say about going back now.
I don't even need my ID card, only the real estate certificate.
The documents required to sign the purchase contract are as follows:
1. The identification information of the first party and the purchaser;
2. Housing property right certificate information;
3. Proof of income of the buyer.
Legal basis
Measures for the Administration of the Sales of Commodity Housing
Article 34 Real estate development enterprises shall, before the delivery of commercial housing, entrust a unit with real estate surveying and mapping qualifications to carry out surveying and mapping according to the project, and the surveying and mapping results shall be submitted to the competent administrative department of real estate for examination and approval for housing ownership registration. The real estate development enterprise shall, within 60 days from the date of delivery of the commercial housing, submit the information required by it to handle the registration of housing ownership to the real estate administrative department where the housing is located. Real estate development enterprises shall assist the buyers of commercial housing in handling the formalities for the change of land use rights and the registration of house ownership.
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The Housing Authority needs to verify the information of the buyer to ensure that the property right of the house purchased by the buyer is clear and legal, so as to protect the legitimate rights and interests of the buyer.
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Legal Analysis: The purchase contract is issued by the Housing Authority. According to the relevant regulations of the Ministry of Housing and Urban-Rural Development, the purchase contract used by the developer must be a unified contract text printed by the Housing Authority, but some clauses in the contract can be modified and supplemented.
Legal basis: Article 8 of the Regulations on the Administration of Urban Real Estate Development and Operation shall be submitted within 30 days from the date of obtaining the business license, and the following paper or electronic materials shall be submitted to the competent department of real estate development where the registration authority is located for the record:
1) A copy of the business license;
2) The articles of association of the enterprise are clear;
3) The identity certificate of the legal representative of the enterprise;
4) Qualification certificates and employment contracts of professional and technical personnel.
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Do the math how much it will cost you to renovate your home
When you buy a commercial house, you usually sign a purchase contract to safeguard the legitimate rights and interests of both parties through the purchase contract. However, some buyers will be more curious, is the purchase contract issued by the housing authority or the developer, is it a unified version? Next, I will briefly introduce to you whether the purchase contract is issued by the Housing Authority.
1. The purchase contract is issued by the real estate company. According to the relevant regulations of the Ministry of Housing and Urban-Rural Development, the purchase contract used by the developer must be a unified contract text printed by the Housing Authority, but some clauses in the contract can be modified and supplemented. Usually, the developer prints the purchase contract from the housing authority and supplements the terms of the purchase contract according to the actual situation, but the supplementary terms also need to be approved by the local housing and urban-rural development commission.
2. After the two parties sign the purchase contract, the developer needs to record the purchase contract. According to the relevant provisions of the Regulations on the Management of Real Estate Development and Sales, the developer shall file with the local housing management department within 30 days from the date of signing the pre-sale contract of the commercial housing. The implementation of the filing of the purchase contract can effectively restrain the developer and avoid the problem of one house and two owners.
3. Before signing the purchase contract, we should carefully check the developer's relevant five certificates, such as whether the five certificates of the project are complete, and whether the house we purchased is within the scope of pre-sale. When signing the purchase contract, we should pay attention to the content of the supplementary agreement, so as to prevent some developers from revoking the clause in the model contract to maintain the notarization of the transaction through the supplementary agreement. It is better for consumers to include the developer's commitment in the supplementary agreement, and not to believe the verbal promise, etc.
When we sign the purchase contract, we should also pay attention to the content of the liability for breach of contract, construction area and other aspects.
Enter the area and get the decoration for free**].
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Legal analysis: The purchase contract is not issued by the housing authority, the purchase contract is issued by the real estate company, and it must be filed with the housing authority after the signing is completed.
Legal basis: "Regulations on the Administration of Urban Real Estate Development and Operation" Article 26 When a real estate development enterprise pre-sells a commercial house, it shall present the pre-sale permit certificate of the commercial housing to the pre-purchaser. The real estate development enterprise shall, within 30 days from the date of signing the pre-sale contract of the commercial housing, go to the competent department of real estate development at or above the county level where the commercial housing is located and the department responsible for land management for the record.
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The purchase contract was taken away after the real estate certificate was issued, because it was necessary to go to the housing authority for filing.
The developer needs to go through the filing procedures and decompress it, but it will be returned. If it is returned to the hands within a period of time and the relevant filing is processed, it is in accordance with the law. If it is not returned, you can file a lawsuit in the local court.
The purchase contract was revoked on the grounds of fraudulent contract.
In addition, the contents of the purchase contract should be as comprehensive and detailed as possible, and the provisions should avoid conflicts with each other, especially not with national policies and regulations; The written expression should be clear and accurate; For example, Party A (seller) in the contract should be the investment and construction unit of the project approval document, nor can the contract be signed in the name of the superior competent unit or subordinate institution, and the signatory should be the legal representative himself, or the main person in charge authorized by the articles of association.
The grade and decoration standards of the house are generally attached to the purchase contract in the form of attachments, and the expression of the content must be detailed and specific. For example, the technical level, the brand of materials, the type of internal facilities, the load standard, the best capacity, plumbing, electricity, communication and other facilities should explain the degree of installation.
The role of the purchase contract:
1. The purchase contract has legal benefits, which is equivalent to stamping the sale and purchase relationship between the buyer and the seller of the house, and also makes a clear provision on the rights and obligations of the buyer and the seller, and also strictly indicates the responsibilities of both parties.
2. Nowadays, most people will choose the way of loan when buying a house, and some necessary materials need to be provided when applying for a loan, and the purchase contract is a necessary material for bank mortgage loans, so the purchase contract is a very important information, which must be properly kept.
3. The purchase contract also has a role as one of the important bases for the seller to pay business tax and the buyer to pay the deed tax, and we should know that only after paying all the taxes can we apply for the property right certificate, so the purchase contract is very important. Envy.
4. Another function of the purchase contract is that it is one of the documents for real estate registration and transaction procedures, and if there is no purchase contract, our house cannot go through the transfer procedures.
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The purchase contract is issued by the real estate company, but it has the force of law. After the completion of the signing of the bureau, the housing management bureau must be recorded, *** "urban real estate development and operation management regulations" stipulates that real estate development enterprises should be from the date of signing the pre-sale contract of commercial housing within 30 days, to the people's real estate development department at or above the county level where the commercial housing is located and the department responsible for land management for the record, and now the purchase contract is the implementation of online filing.
Among them, the specific process of filing the purchase contract is as follows: first, the commercial housing is signed online. Since 2006, all sales contracts have been signed online, and the online signing is generally advanced before the initial signing, and the online signing is carried out after confirming that the content of the contract is correct and there is no objection.
Print out the text of the contract, sign and seal the buyer and seller, and each hold the number of copies that should be taken. After the contract is signed, the real estate management department will return a 9-digit record number starting from 06, indicating that the contract has been successfully filed.
Regulations on the Management of Urban Real Estate Development and Operation
Article 27.
The real estate development enterprise shall, within 30 days from the date of signing the pre-sale contract of the commercial housing, go to the competent department of real estate development at or above the county level where the commercial housing is located and the department responsible for land management for the record.
Generally speaking, it is possible to check out after signing a pre-sale contract. The so-called pre-sale contract of commercial housing actually refers to the evidence of agreement between the pre-sale sales department of commercial housing and the pre-made purchaser, and the pre-sale seller transfers the completed finished housing right to the pre-purchaser within the agreed time of the pre-purchaser, and the pre-purchaser accepts the written agreement of the house according to the deposit given by the pre-seller, or part of the house payment and accepts the house within the time limit. Although it is generally possible to check out, it is necessary to bear the liability for breach of contract. >>>More
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