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After the contract for the sale and purchase of commercial housing is signed, is it considered personal property? No, ownership of property owned by an individual must be owned, and the transfer of ownership of immovable property is marked by a change in the registration of immovable property. In other words, the property is only in your name after the change of ownership rights in the property register.
Before that, whether it is the signing of the contract or the payment of the house, it is not considered a transfer of ownership of the property, that is, the house is not your property yet. The property that has been signed online cannot enter the information for the second time, and the property cannot be traded to a third party.
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If one of the husband and wife signs a contract for the sale and purchase of real estate before marriage, pays the down payment with personal property and takes out a loan from the bank, and repays the loan with the joint property of the husband and wife after marriage, and the real estate is registered in the name of the party who paid the down payment, the real estate shall be disposed of by agreement between the two parties at the time of divorce. If no agreement can be reached, the people's court may make a judgment that the immovable property belongs to the party with property rights registration, and the loan that has not yet been repaid shall be the personal debts of the party with property rights registration. In the case of divorce, the party registered in the property right shall compensate the other party for the joint repayment of the loan and the corresponding increase in property value between the parties after marriage.
Attachment: Paragraph 1 of Article 39 of the Marriage Law: In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.
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The house sale contract is not an online signing, which refers to the act of signing the house sale contract between the developer and the buyer and then filing the purchase contract with the relevant departments.
1. How to revoke the online contract.
Online signing means that after the parties sign the contract with the developer, they go to the relevant departments for the record, and publish the housing purchase and sale information on the Internet. After the ICP filing department completes the review, it returns the online signature number. The act of using the online signature number of the party concerned to inquire about the record information of the house purchase.
To revoke the online contract, the buyer and the developer need to submit an application to the real estate management department together. Then, consult the relevant authorities for specific ways to revoke it. If either party does not agree to revoke the online signature, the other party may negotiate and mediate by filing a lawsuit with the court.
2. How to change the name of the purchase contract.
If you want to change your name after the online signing of the house purchase contract, you need to apply for the cancellation of the advance registration procedures of the online house purchase contract, and after the approval of the housing authority, the housing authority will cancel the advance notice registration of the invalid house purchase contract, and then the developer can re-sign the house purchase contract with the buyer, and you can change the name of the head of the household at this time.
3. Do I have to pay taxes after signing online?
You have to pay taxes after signing online. Generally, you need to pay a certain amount of taxes and fees after completing the online signing procedures. After the contract is filed and before the house is delivered, if you want to change the buyer, you need to go to the Land and Housing Administration Bureau together to go through the name change procedures, and you need to pay the name change fee and obtain the developer's consent.
The main purpose of filing a house is to protect the rights and interests of buyers, and the filing is a guarantee of transaction security for buyers and sellers. The record is to sign the contract with the real estate management department, the developer submits the contract for the record, and after being reviewed by the relevant departments, the record number is obtained, and the contract text is printed. The buyer and seller will sign and seal, and each copy is signed.
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.
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Legal analysis: The online signing contract is directly filed on the Internet, and it also needs to be signed in writing, but the contract text is directly from the network, and it is on every page"ICP filing has been filed"watermark. Generally, the house sale contract can be signed directly online, indicating that the developer's qualifications and procedures are complete.
Purely written contracts also need to go through the filing procedure, and generally developers with complete procedures will sign an online filing contract with the buyer.
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, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a 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 the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.
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It can be resolved through negotiation, complained to the relevant departments, or directly sued the court.