What should I do if the purchase contract is not given to me, and what should I do if the purchase c

If the developer does not give the purchase contract, then the buyer can refuse to pay the house price, or he can ask the property management department to intervene. Because the purchase contract is the proof of the sale and purchase relationship, and is the basis for the performance of the agreement between the two parties, if there is no contract, when the breach of contract occurs, it is difficult for the parties to protect their rights, so they must find the developer to ask for the purchase contract to ensure that their interests are not harmed.

Legal analysisAs a buyer, you must hold a purchase contract, because the contract is the only evidence of mutual binding with the developer, if the developer proposes that the number of contracts is not enough, then you can propose to sign a supplementary contract, otherwise the rights and interests cannot be protected in the event of a dispute. Another point is that the formal invoices proposed from the developer's perspective are generally issued uniformly at the time of delivery, and if there is a need from the customer, they can be proposed to the developer, and the financial receipts can be exchanged for the official real estate sales invoices at the time of delivery. Now China's real estate market is still relatively hot, the number of houses bought and sold is still very large, many real estate can be seen in front of the buyers, and the reason for them to buy a house may be investment, may also be residence, etc., in the purchase and sale of housing mistakes must protect their legitimate rights and interests.

In the sale and purchase of houses, the probability of disputes is really not small, and the most common is the dispute over the sale and purchase contract. Disputes can arise for a variety of reasons, and the solution will naturally vary depending on the cause. The contract is the proof of the buyer and seller relationship, and it is also the basis for the performance of the contract by both parties, and if there is no contract, it is difficult for the parties to assert their rights in the event of a breach of contract.

You can continue to ask the developer, and if there are really only three copies of the original, you can ask for a copy and affix the original copy to the original "stamp". If the developer still refuses to provide it, the property management department can be asked to step in. When signing a purchase contract, the developer will usually help you sign it.

Legal basisArticle 597 of the Civil Code of the People's Republic of China: Where the ownership of the subject matter cannot be transferred because the seller has not obtained the right to dispose of it, 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 purchase contract is signed at the sales office on the spot, and then you must be given a copy, it is illegal not to give you the contract, don't you understand this reason, you shouldn't leave if you don't get the contract, now you have to go to the developer to ask for the contract, without the contract, you don't even have the qualification to defend your rights.

I don't know if you're buying a new home or a second-hand home. The new house should be stamped by the developer, and after you go and sign 3 to 4 copies, one of which is for you. If you are a second-hand house, after signing with the seller on the spot, there must be a copy that must be given to you.

If it is not given to you, then you should go to the developer or agent to ask for it.

Legal analysis: the purchase contract should be given to the developer to buy a house, the contract is to prove the existence of the sale relationship, but also a basis for the two parties to perform the agreement, if there is no purchase contract, there is a breach of contract, the parties have no certificate to protect the legitimate rights and interests of the individual. If the developer refuses to grant the purchase contract, the Housing Authority can be asked to intervene.

Legal basis: Article 466 of the Civil Code of the People's Republic of China: Where the parties have a dispute over the understanding of the terms of the contract, the meaning of the disputed clause shall be determined in accordance with the provisions of the first paragraph of Article 142 of this Law.

If the contract text is concluded in two or more languages and it is agreed that it has the same effect, the words and phrases used in each text are presumed to have the same meaning. Where the words and phrases used in each text are inconsistent, they shall be interpreted in accordance with the relevant terms, nature, purpose, and principle of good faith of the contract.

Legal analysis: The contract is the proof of the buyer and seller relationship, and it is also the basis for the performance of both parties, if there is no contract, when there is a breach of contract, it is difficult for the parties to claim their rights. You can continue to ask the developer, and if there are really only 3 copies of the original, you can ask for a copy and affix a stamp of "this document is the same as the original".

If the developer still refuses to provide it, the property management department can be asked to step in.

If the developer does not give you a sales contract, so you are very insecure, in case of problems with the quality of your house in the future, you will not have the right to defend your rights, and you do not have a purchase contract, then you have no way to handle your real estate certificate, the developer said to take your contract to help you handle the real estate certificate, is to deceive you, because when you sign the purchase contract, the developer will generally help you sign several copies, one of which will be given to you immediately, and there are a few copies to the real estate bureau, banks and other relevant departments.

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

Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 210 The registration of immovable property shall be handled by the registration authority where the immovable property is located.

The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

Article 211: Parties applying for registration shall provide proof of ownership and necessary materials such as the boundary address and area of the immovable property based on different registration items.

Legal analysis: The practice of not giving the purchase contract is as follows:

1. You can ask the developer, if there are really only 3 copies of the original, you can ask for a copy and stamp it with the seal of "this copy is no different from the original". If the developer still refuses to provide it, the property management department can be asked to step in.

2. In the process of requesting, the other party will be required to provide the process of the contract by means of audio recording, photography, video, etc., and do a good job of evidence collection, so that it can be used for their own rights protection in the future. If you still don't give a follow-up, you can find a lawyer or a ** legal aid institution, go through legal procedures, and protect your rights.

Legal basis: Article 16 of the Administrative Measures for the Sales of Commodity 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.