What should I do if I lose my purchase contract, and what should I do if I lose my purchase contract

There are two copies for the developer, one for the housing management department, and one for the buyer, but if the buyer wants to apply for a bank mortgage, the contract owned by the buyer must be placed in the bank. After the buyer signs the purchase contract with the developer, the contract is a legal certificate to prove that the buyer has purchased the house, and the developer needs to take all four contracts to the housing management department when applying for the house ownership certificate. Therefore, it is necessary to take good care of your purchase contract and take appropriate remedial measures in time if you accidentally lose it.

After signing the housing sales contract with the developer, there are four contracts: two for the developer, one for the housing management department, and one for the buyer. If you are applying for a bank mortgage, the contract owned by the buyer should be pledged in the bank (according to this, you should not have a contract in your hand, the contract has been pledged to the bank).

If the purchase contract is lost, the following measures should be taken to remedy it: 1. If the contract is lost before the pre-sale registration, only the remaining contract needs to be voided and a new contract should be signed with the developer.

2. If the pre-sale registration has been completed and the bank mortgage has not yet started, and the buyer loses the contract, he or she needs to publish a statement in the newspaper that the contract is invalid, and after the expiration of three months, take the newspaper to apply for cancellation of the signed contract with the pre-sale registration authority, and then sign a new contract with the developer, and then go to the pre-sale registration.

3. If the buyer loses the contract after completing the pre-sale registration and has applied for the bank mortgage, in addition to the procedures in the second case, the buyer must sign a change agreement with the bank that handled the loan and pledge the new contract in the bank.

Hope it helps.

Hurry up and find the person who bought your house in the first place, and it's best to make up for it.

Go to the housing ** unit and ask him to reissue it.

Legal analysis: Under normal circumstances, the developer will have two purchase contracts, one for the record of the housing management department, and one for the buyer's own keeping. If the purchase contract is not registered, after the contract is lost, the lost copy will be invalidated and a new contract can be signed for 50 yuan.

If the purchase contract has been pre-registered, and the purchase contract is lost, a declaration of invalidity of the contract will be published in the newspaper. After three months, you can take the newspaper to the pre-sale registration authority to cancel the contract, and then sign a new one, and then do the pre-sale chain quietly registration.

Legal basis: Measures for the Administration of Commodity Housing Sales issued by the Ministry of Construction

Article 16 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.

Article 23 A real estate development enterprise shall, before concluding a contract for the sale and purchase of commercial housing, clearly indicate to the buyer the Administrative Measures for the Sales of Commodity Housing and the Model Text of the Contract for the Sale and Purchase of Commodity Housing; The filial piety of pre-sold commercial housing must also clearly indicate the "Administrative Measures for the Pre-sale of Urban Commercial Housing".

When buying and selling a house, we all sign a purchase contract. However, in practice, it is often the case that buyers lose the purchase contract, and some buyers think that if the purchase contract is lost, they will lose the title certificate, but this is not the case. However, there is also a certain legal risk of losing the purchase contract.

What is the risk caused by the loss of the purchase contract, mainly depends on when the contract is lost. In the first case, if the buyer loses the contract before the pre-sale registration, he can simply void the remaining contract and sign a new contract with the developer. The cost that the buyer needs to pay is the cost of a contract.

In the second case, if the pre-sale registration of the purchase contract is completed, but the contract is lost before the bank mortgage is processed, the mortgage may be affected. The measures that can be taken are to publish a statement in the newspaper that the contract is invalid, and after the expiration of three months, the pre-sale registration authority with the newspaper applies for cancellation of the signed contract, and then signs a new contract with the developer, and then goes to the pre-sale registration. During this period, the buyer needs to pay the cost of publishing the statement, the cost of the contract, and the stamp duty on the new contract.

In the third case, after the pre-sale registration of the purchase contract has been completed, the contract is lost after the bank mortgage has been handled, in addition to the procedures handled in the second case, the buyer must also sign a change agreement with the bank that handles the loan, and put the new contract in the bank as a pledge.

The purchase contract is an important document to protect the rights and interests of the buyer and the seller, generally the seller and the buyer have a contract in their hands, if the buyer's purchase contract is lost, it should be dealt with according to the specific situation. If the buyer loses the contract before the pre-sale registration, this situation is relatively simple, as long as the buyer voids the remaining contract and signs a new contract with the developer. The cost that the buyer needs to pay is the cost of a contract.

But if it has reached the step of pre-sale registration last night, at this time the buyer finds that the purchase contract in his hand is lost, then the buyer needs to publish a statement in the newspaper that the contract is invalid, and after the expiration of three months, the buyer can take the newspaper to do the pre-sale registration authority to apply for cancellation of the signed contract, after canceling the original purchase contract, the buyer and the developer will sign a new contract, and then do the pre-sale registration.

If you need to buy a house through a bank loan, you also need a house purchase contract when you go through the bank loan procedures. At this time, in addition to reporting and re-registering the pre-sale, the buyer also has to sign a change agreement with the bank that handled the loan, and pledge the new contract in the bank, because the original purchase contract has been cancelled and replaced with a new contract.

After the buyer and the developer sign the purchase contract, the contract is the legal certificate that proves that the buyer has purchased the house. There are four copies of a complete purchase contract: two for the developer, one for the housing management department, and one for the buyer.

If the buyer wants to apply for a bank mortgage, the contract owned by the buyer must be pledged in the bank. When the developer applies for the house ownership certificate, it needs to get all four contracts to the housing management department before it can handle the property ownership certificate, and it is not possible to do without any of them. Therefore, buyers must take good care of their purchase contracts.

If it is lost, it is necessary to take corresponding remedial measures in time, and the remedial measures taken in different periods are different, which can be roughly divided into the following three types:

1. Before the pre-sale registration of the purchase contract, if the buyer loses the contract, he only needs to invalidate the remaining contract and sign a new contract with the developer.

2. After the pre-sale registration of the purchase contract is completed, before the bank mortgage is started, if the buyer loses the contract, he can publish a statement in the newspaper that the contract is invalid, and after the expiration of three months, the pre-sale registration authority with the newspaper applies for cancellation of the signed contract, and then re-signs a contract with the developer, and then goes to do the pre-sale registration.

3. After the pre-sale registration of the purchase contract has been completed and the bank mortgage has been processed, if the buyer loses the contract, in addition to the procedures in the second case, the buyer must also sign a change agreement with the bank that handles the loan, and pledge the new contract in the bank.

You can find the developer with your original down payment invoice and ask the developer for the contract of sale and purchase of commercial housing.

If you buy a house and apply for a loan, then the original copy of your purchase contract should be in the bank, but the original copy of the down payment receipt will be in your hand The official "purchase contract" is in triplicate, and the housing authority You and the developer each hold one copy Your copy should be in the hands of the bank after being mortgaged, and you can take your loan contract to the bank and ask for a new copy of a valid copy

Therefore, if you are really sure that the original of your purchase contract is lost in your hands, then you can only cooperate with the developer to go to the housing authority to apply for a "Loss Statement", and you can use it to apply for the title certificate in the future

If the purchase contract is lost, it needs to be dealt with in the following three situations:

1)) If the buyer loses the contract before the pre-sale registration, he only needs to invalidate the remaining contract, sign a new contract with the developer, and pay the cost of the contract.

2) After the pre-sale registration of the purchase contract is completed, but the contract is lost before the bank mortgage is started, a statement should be published in the newspaper that the contract is invalid, and after the expiration of 3 months, take the newspaper to the pre-sale registration authority to apply for cancellation of the signed contract, and then sign a new contract with the developer, and then go to the pre-sale registration. During this period, the buyer needs to pay the cost of publishing the declaration, the cost of the contract, and the stamp duty of the new contract.

3) After the pre-sale registration of the purchase contract has been completed, the buyer has lost the contract after the bank mortgage has been handled, in addition to the procedures handled in the second case, the buyer must also sign a change agreement with the bank handling the loan, and put the new contract in the bank as a pledge, because the original purchase contract has been cancelled and replaced with a new contract, that is to say, the contract number in the loan contract signed by the buyer and the bank has changed. Although there is no change in the contents of the purchase contract, according to the regulations, the loan contract has been changed, so it is necessary to sign a change agreement with the bank. During this period, the cost of buying a home buyer is basically the same as in the second case.

Question: Hello, what is missing is not the purchase contract, but the purchase agreement signed with the developer.

You can contact the developer to re-sign it, and indicate that the previous agreement is invalid.

Asked, he asked him to look for it, but I couldn't find it.

The purchase contract has been completed, and the developer asked me to exchange the purchase agreement for the purchase contract, but I lost the purchase agreement.

Question: What if the developer doesn't do it.

Question: There are receipts for the down payment, but the purchase agreement is lost.

Question: It's not too much trouble for the developer to make a new agreement.

You go to the real estate agent and they will tell you the details of the re-application procedures.

That's not kind, your contract is with me! Ha ha! Take advantage!

Legal analysis: 1. If it is lost before the pre-sale registration of the purchase contract, it is only necessary to be aware that the remaining contract will be invalidated and a new contract will be signed with the developer; 2. If it is lost before the pre-sale registration of the purchase contract is completed and the bank mortgage is not started, a statement should be published in the newspaper that the contract is invalid, and after the expiration of the expiration date, the authority that takes the newspaper to do the pre-sale registration applies for cancellation of the signed contract, and then re-signs a contract with the developer, and then goes to do the pre-sale registration; 3. If it is lost after completing the pre-sale registration and having gone through the bank mortgage procedures, the buyer needs to go through the procedures in the second case, and the buyer must sign a change agreement with the bank that handles the loan, and put the new contract in the bank. 4. After the buyer signs the purchase contract with the developer, the contract is a legal certificate to prove that the buyer purchases the house, and the developer needs to take all four contracts to the housing management department to handle the property right certificate when handling the house ownership certificate.

Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 61 To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the local people's land management department at or above the county level. If a house is built on the land for real estate development obtained in accordance with the law, the stool draft brother shall apply for registration with the land use right certificate to the local people's real estate management department at or above the county level, and the local people's real estate management department at or above the county level shall verify and issue the house ownership certificate.

When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level. Where there are other provisions of the law, it shall be handled in accordance with the provisions of the relevant laws.

If you buy a house, you can make a copy of the backup copy if you lose it. If the other party does not retain it, the parties may re-sign the contract; If the parties conclude a contract in the form of a written contract, the contract shall be concluded when both parties sign, affix their seals or press their fingerprints; A legally formed contract is legally binding on both parties. When laws and administrative regulations stipulate or the parties agree that a contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.

[Legal basis].

Civil Code of the People's Republic of China Article 490 [Time of Formation of Contract] Where the parties conclude a contract in the form of a written contract, the contract shall be formed when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, sealing, or fingerprinting. When laws or administrative regulations stipulate or the parties agree that a contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.