Why is the contract for buying a residential building written as a commercial house?

Updated on society 2024-07-28
8 answers
  1. Anonymous users2024-02-13

    1.The main thing is to see whether the house is residential or commercial, which is in the contract, in addition to the place indicated, that is, there is also the property right, the property right is 70 years is the residential property, and after 70 years, it is generally the business life, commercial and other attributes. There is also a way to see how the real estate is built, whether there is a bottom business, and the bottom business is generally commercial.

    When it comes to commercial housing, in fact, many people don't know what the attributes of the house are, just like they say. If the design of the house or the floor area of the house are changed without the consent of the buyer by more than 3%, the developer can be required to compensate in accordance with the law. In particular, the developer can ask the developer to refund the development project that suddenly turned into a commercial house under a residential development contract signed before the purchase.

    2.If the purchase of the house is carried out according to the type of residence, the developer may face the problem of false advertising, and the gap between commercial land and civil residential land is even greater, commercial land can only be used for 40 or 50 years, and the service life of civil land is 70 years. In addition, the nature of the land machinery of commercial housing is also facing the problem of not being able to settle down, and it is necessary to pay public utilities and property fees according to the standards of commercial life.

    Additional developer duties may be granted if the developer is late in payment or if the payment procedure is incomplete and results in the contract being invalid.

    3.Land use rights for apartments compared to dwellings.

    Shorter. In general, the land use right for apartments is 40 years, while the land use rights for residential buildings are 70 years. After the expiration of the land use right of the condominium, you can bring the buyer's valid ID and the house title certificate.

    and other relevant materials to the housing construction department to complete the re-application of land use rights, and you can continue to own the apartment. However, in contrast to dwellings, apartment dwellings.

    It also has its own advantages. Condominium-style homes.

    Generally connected to business districts and office buildings, living in an apartment-style residence is more convenient for work and life, and is very suitable for office workers. Apartments are cheaper than commercial houses, and for those who don't have that much money, they can provide a home in a big city.

    Extended Materials. Buyers should ask for the original business license, check whether they have passed the latest annual inspection, adhere to the annual check mark, and there is no real estate development and sales content management.

    Restrictions, if not qualified accordingly, will bring about the development of sales in violation of the law, and these properties are not bought.

  2. Anonymous users2024-02-12

    The main reasons for buying a residential building and writing a commercial house in the contract are:

    1.Residential buildings themselves are integrated in commercial and residential nature, so they are classified as commercial buildings.

    2.Commercial housing refers to the housing developed and constructed by real estate development enterprises, including residential, commercial, office and other purposes. Therefore, writing about commercial housing in the contract can cover a variety of housing types.

    3.In addition, the specific use of the house, the term of property rights, the building structure and other information will be indicated in the contract to clarify the rights and obligations of both parties.

    In conclusion, when buying a residential building, it is necessary to read the terms of the contract carefully and understand the specific purpose of the house, the length of ownership, the building structure, and other information in order to make an informed decision.

  3. Anonymous users2024-02-11

    Look at whether it is residential, look at whether the property of the house is residential or commercial and residential, and there is something in this contract. In addition to this clear place, there is also the property right, the property right is 70 years is a residential property, and the less than 70 years are generally commercial, residential, commercial and other attributes. There is also a look at what kind of building is built, whether there is a bottom business, and those who have a bottom business are generally commercial and residential.

    When it comes to commercial housing, many people don't know what the properties of the house are.

  4. Anonymous users2024-02-10

    Summary. Hello, the contract for buying a residential building is written because the house purchased by the buyer itself belongs to the integrated nature of commercial and residential. Residential means that it can only be used for other commercial purposes, while commercial can be used for offices, shopping malls and other commercial purposes.

    Commercial and residential means that the downstairs is multi-storey for commercial use, and the upstairs is for residential use.

    Why is the contract for buying a residential building written as a commercial house?

    Hello, the contract for buying a residential building is written because the house purchased by the buyer itself belongs to the integrated nature of commercial and residential. Residential is that it can only be used for people and cannot be used for other commercial imitation pure hands, and commercial is that it can be used for commercial purposes such as offices and shopping malls. Commercial and residential areas are located downstairs with multiple floors for commercial use, and the upstairs for residential use.

    When buying a house, you should carefully choose a real estate brokerage agency, and when choosing a real estate brokerage agency, you should choose a regular, good credit group real estate brokerage agency. A formal real estate brokerage agency should have a business license, a real estate brokerage agency filing certificate, and a certain number of real estate agents. When looking at the business license, real estate brokerage agency filing certificate and broker certificate, pay attention to the original, not the copy, but also pay attention to the business license.

  5. Anonymous users2024-02-09

    Legal analysis: Yes, the general purchase contract must have the basic condition of commercial housing; the way of selling commercial housing, etc.

    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 sales method 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 date 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) How to deal with area differences.

    10) Handling matters related to property rights registration;

    11) Methods of Dispute Resolution.

    12) Liability for breach of contract;

    13) Other matters agreed by both parties.

  6. Anonymous users2024-02-08

    Yes, the general purchase contract must have the basic condition of the commercial house; the way of selling commercial housing, etc.

    1. Sample purchase contract.

    The sample of the purchase contract should indicate the basic information of the buyer and the seller and the commercial house; The method of determining the price of the commodity and the total price, the payment method and the time of payment; conditions and dates of delivery of use; Matters related to the registration of property rights; Commitment to quality standards; Commitments and responsibilities for the delivery of supporting infrastructure and public facilities; ownership of public supporting buildings; the way in which area differences are handled; methods of dispute resolution; Liability for breach of contract, etc.

    2. Can the purchase contract be mortgaged and borrowed?

    If you have a contract for the purchase of a house and are able to provide other documents required by the bank, you can apply for a mortgage.

    According to Article 394 of the Civil Code, if the debtor or a third party does not transfer the possession of the property in order to guarantee the performance of the debt, but mortgages the property to the creditor, the debtor fails to perform the due debt or forgiveness or realizes the mortgage as agreed by the parties, and the creditor has the right to be repaid in priority for the property.

    Article 669 stipulates that when entering into a loan contract, the borrower shall, as required by the lender, provide the true information about the business activities and financial status related to the loan.

    Paragraph 1 of Article 16 of the Administrative Measures for the Sales of Commodity Housing stipulates that 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.

    3. What are the precautions for buying off-plan property?

    The precautions for buying off-plan properties are as follows:

    1. Carefully check the relevant documents and pay attention to the terms of the deposit;

    2. Distinguish between deposit and advance payment;

    3. Pay attention to the area in the purchase contract;

    4. Pay attention to the force majeure clause in the purchase contract;

    5. Agree on the obligation to handle the developer's property right certificate.

    According to the provisions of the "Measures for the Administration of Commodity Housing Sales", the construction administrative department is responsible for the management of commercial housing sales nationwide. The provincial and autonomous region people's construction administrative departments are responsible for the sales management of commercial housing within their respective administrative areas.

    Article 16 of the Administrative Measures for the Sales of Commodity Housing stipulates that 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 name and address of the parties (2) the basic situation of the commercial housing; (3) The sales method of the commercial house (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 and use (6) Decoration and high rolling standard commitments; (G) water supply, power supply, heating, gas, communications, roads, greening and other supporting infrastructure and public facilities delivery commitments and related rights and responsibilities, (H) public supporting buildings property ownership; (9) Handling of area differences: (10) Handling matters related to property rights registration; (11) Methods of dispute resolution, (12) Liability for breach of contract; (10) Other matters agreed upon by both parties.

  7. Anonymous users2024-02-07

    Legal analysis: At present, most of the commercial houses sold in the property market are for a period of time, and some houses have not yet broken ground, and they have begun to make appointments for sales in the internal construction and reform department. Although the buyer has signed a purchase contract with the developer, it is difficult to guarantee the smooth implementation of the contract, for example, some developers cannot apply for the property right certificate in time because of incomplete development procedures, and some are secretly mortgaged by the developer for the second time, one house and two owners, and the property rights are divided by others.

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

    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.

    Article 596: The contents of a sales contract generally include the name, quantity, quality, price, time limit for performance, place and method of performance, packaging method, inspection standards and methods, settlement methods, words used in the contract and its validity, etc.

  8. Anonymous users2024-02-06

    Remember, first. 1. China implements the "transfer of state-owned land use rights for compensation", rather than the transfer of "housing use rights" for commercial housing. Clause.

    2. A parcel of land has only one assignment period. The age limit is only for "land" and not for houses, regardless of whether they are built for residential or other purposes. Residential land can be used to build commercial buildings (i.e. shops) or even schools, or other houses for sale.

    The maximum term of the "transfer of the right of use of residential land" is 70 years, and the starting date is calculated from the date when the developer acquires the land, and the specific term is based on the "land use right transfer contract" and not others. Clause.

    3. As for the concept of shared construction area, it is not what you think. There is no mutual restriction of the shared area between different buildings. "Pool" refers to the floor area occupied by the common parts of a building (such as corridors, power distribution rooms, elevators, etc., which serve the users of the whole building and are not saleable).

    It is distributed to each of the independent houses in the building according to certain rules. It is absolutely impossible to divide the area of the houses in this building (e.g. saleable shops, free-standing substations) among the dwellings in other buildings. Otherwise, wouldn't it be possible for a developer to sell both residential and commercial properties and sell the same area twice?

    Hearsay and half-understood understanding must not be taken seriously.

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