How to deal with the pitfalls in the sales contract

There are many pitfalls in the process of second-hand housing transactions, which can be said to be difficult to prevent, but they can also be prevented. In view of the traps of some of the above-mentioned problems, the author briefly explains the preventive measures, but in the specific transaction process, the traps are subject to change at any time, and the number of traps is far more than the above-mentioned ones, and the seller or buyer should also deal with specific problems. Buyers or sellers should pay attention to the following issues when buying and selling second-hand houses:

Whether it is a landlord or a tenant who entrusts an agency to rent or lease a house for them, they must sign a commission contract with them, and if you do not read the terms carefully, you are likely to fall into the trap dug by the agency. The correct approach should be to verify the landlord's identity and property rights and other relevant documents, sign a formal housing lease contract with the landlord, and pay the relevant fees to the intermediary company only after the property is delivered.

Solution: The content of the contract must be carefully read and the original contract and the annexes of the inventory items must be carefully read, and the copy must be re-transcribed clearly. When the house is handed over, the number of words used in the water and electricity at that time must be checked and written, and the tenant can only pay for his own use, not for others.

The furniture and electrical appliances in the rental room must be carefully checked, the TV is turned on, the washing machine is turned, the refrigerator is refrigerated, and the gas stove is leaking. It should also be noted that if the TV viewing fee is paid in advance, it must be indicated in the contract. Everything should be carefully thought out and written into the contract.

The above was published on 2015-10-10, the current relevant housing purchase policy please refer to the actual situation).

Legal analysis: The pitfalls (mainly the qualification of the subject of the contract) include: 1. Whether the parties to the contract are the legitimate subjects of rights, which not only involves whether to handle industrial and commercial registration, but also whether they have the qualifications to execute the agreement (that is, whether they have the main purpose of enforcing the agreement; whether it has the corresponding industry qualifications); 2. Whether the person has the authority; 3. If the other party to the contract is a natural person, it is also necessary to pay attention to whether the natural person is the person.

If the subject is not qualified, the contract will be void or the validity is pending.

Legal basis: Civil Code of the People's Republic of China

Article 469:When the parties conclude a contract, they may use written or oral form or change the contract to other forms. The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed. Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

Article 470 The content of the contract shall be agreed upon by the parties and shall generally include the following clauses: (1) the names and addresses of the parties; (2) the subject matter; (3) Quantity of potatoes; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution. The parties may conclude a contract with reference to the model texts of various types of contracts.

Ways to avoid the pitfalls of the house sale contract: The buyer and the seller should clearly agree on the area, address, purchase price, performance method and time limit, transfer registration procedures, liability for breach of contract, dispute resolution method, etc.

Article 143 of the Civil Code of the People's Republic of China.

Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 209.

The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Once the deeds of the unknown brother have been registered, they shall not take effect, except as otherwise provided by law.

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.

Five hundred and ninety-six dust blades.

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 type, settlement method, text used in the contract and its effect.

Legal analysis: 1. The clause of the house area When the buyer signs the contract for the purchase of the existing house, the buyer should specify the construction area in the clause, and the construction area includes the components of the common area and the specific number of square meters, the number of square meters of the usable area, and the ratio of the construction area to the usable area. In addition, the building number, room number, the location of the units in the whole building, and the floor plan of the units should also be specified in the contract or annexed to them.

2. Charges and payment terms In general contracts, the terms should be relatively clear. When the developer requires the buyer to pay all kinds of money, taxes and fees, the buyer can ask the seller to show the relevant regulations and supporting documents, and the buyer has the right to refuse to pay some unreasonable and unfounded charges, such as the developer's lawyer's fees, intermediary fees, bank charges, etc. 3. The terms of the quality of the house The buyer must write the quality requirements into the contract in detail when signing the contract.

Such as: bedroom, kitchen, bathroom decoration standards, grades, building materials equipment list, grade, house equipment list, water, electricity, gas, pipelines unobstructed, doors, windows, furniture defects, house seismic grade, etc. At the same time, the contract can also stipulate the shelf life of the house, the shelf life of the ancillary equipment, etc.

Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 3 The State implements the system of paid and limited use of State-owned land in accordance with the law. However, the State shall not allocate the right to use State-owned land within the scope provided for in this Law.