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It doesn't matter if you lose your own contract, you can ask the developer to make a copy and ask the developer to sign for approval, and you can keep it as a proof of purchase. After the real estate deed is issued to you, your own purchase contract is actually of little use.
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If the real estate certificate is done and the purchase contract is lost, you can go to the office hall to solve it, and the photocopy will be presented, and the benefit will be shared by the public, which has the legal effect of the original.
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This is not a big problem, because the property right is mainly reflected through the real estate certificate, and as for other aspects, you can refer to the contract of the neighbor's house.
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At that time, the purchase contract must have been provided when applying for the real estate certificate, so you can go to the file window of the real estate registration center to make a copy of the purchase contract.
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The real estate certificate you asked has been completed, but the purchase contract is lost, what should I do? I think that after your real estate certificate has been completed, you no longer need a purchase contract, and it doesn't matter if you lose the purchase contract. Main. Subject to the title deed.
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The real estate certificate has been completed, and if the purchase contract is lost, you can negotiate with the developer to reissue a new one.
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The title deed is there, but the contract is useless.
Mainly, some privacy may be involved in you.
You can report it on the official **.
Send a statement of loss or something.
That's it.
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The purchase contract is usually in triplicate, and you can go to the developer or housing authority to make up for it.
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Although the real estate certificate has been completed, if the purchase contract is lost, I am afraid that there will be any impact in the future, if it can be reissued, it is best to reissue a copy.
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The transfer of ownership of the house is completed, the contract has been fulfilled, and it is useless. Lost has no impact.
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In this case, you can ask the customer service, what should I do in this situation? Or go to the housing authority and ask.
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Legal analysis: 1. If the buyer loses the contract, he only needs to invalidate 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.
2. If the buyer loses the contract, the measures taken are to publish a statement in the newspaper that the contract is invalid, and after the expiration of three months, the authority that takes the newspaper to do the pre-sale registration applies for cancellation of the signed contract, and then signs a new contract with the developer, and then goes to do 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 on the new contract.
3. If the buyer loses the contract, in addition to the procedures for the second case, the buyer also needs to sign a change agreement with the bank that handles the loan, and pledge the new contract in the bank, 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.
Legal basis: Article 502 of the Civil Code of the People's Republic of China A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.
In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.
Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.
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If the contract is lost, it can be replaced.
1. Under normal circumstances, four purchase contracts need to be signed in the process of housing purchase and sale transactions: two for the developer, one for the record of the housing management department, and one for the buyer, but if the buyer wants to apply for a bank mortgage, all the original purchase contracts of the buyer need to be submitted to the lending bank for the record. After the buyer signs the purchase contract with the developer, the contract is the proof that the buyer has purchased the house, so it is necessary to keep your purchase contract properly and take corresponding remedial measures in time if it is accidentally lost.
2. The purchase contract has not been pre-registered, and before the state stool contract for the purchase of the house is not pre-registered, if the buyer's contract is lost, the lost contract only needs to be invalidated, and then a new contract is signed, and the cost that the buyer needs to pay is the cost of a contract, about 50 yuan.
3. After pre-sale registration, before applying for a bank mortgage. If the buyer loses the contract, the measure to be taken is to publish a statement in the newspaper that the contract is invalid, and after the expiration of three months, the authority that took the newspaper to register the pre-sale applies for cancellation of the signed contract, and then signs a new contract and then goes 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 state travel.
Article 60 of the Law of the People's Republic of China on the Administration of Urban Real Estate: The state implements the registration and issuance of certificates for land use rights and house ownership.
Article 61 of the Law of the People's Republic of China on the Administration of Urban Real Estate to obtain land use rights by way of transfer or allocation, shall apply for registration 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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1. What should I do if I lose the purchase contract with the real estate certificate?
1. The establishment of the real right of the house is subject to registration, so after the real estate certificate is obtained, it proves that the property right has been registered, and if the purchase contract is lost, it will not affect the validity of the house sale.
2. If you need a house purchase contract, you can find the developer to copy the house purchase contract, or copy the house purchase contract to the online signing department.
3. Legal basis: Article 209 of the Civil Code of the People's Republic of China [Effect of Registration of Real Estate Rights] The establishment, alteration, transfer and termination of real estate rights shall become effective 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.
Second, what should I do if I find that there is a quality problem when I buy a second-hand house
In practice, if there is a quality problem when buying a second-hand house, the buyer can take the following measures to protect his rights:
1. Determine the specific situation of the quality of second-hand housing.
After the buyer gets the house, if he finds that the house has quality problems, he can first go to the housing quality appraisal agency for identification.
2. Determine the warranty coverage of second-hand housing.
If the quality problem is within the scope of the warranty, and within the warranty period, according to the housing warranty contract, the buyer can claim the warranty from the second-hand owner, and the other party has the obligation to cooperate;
On the contrary, if the problem is not covered by the warranty, or because the owner of the house is damaged, the second-hand owner has the corresponding legal responsibility, and several acres must bear the maintenance obligation.
3. There are major quality problems in the house.
If there are major quality problems in the structure of the second-hand house, and it has seriously affected the normal residence and use of the buyer, the buyer can terminate the sales contract with the homeowner, and require the homeowner to return the purchase price and compensate for the corresponding bank interest loss.
On the contrary, the quality of the house is not enough to affect the normal residential use, but the homeowner is still in breach of contract and must bear the corresponding liability for breach of contract.
In addition, if the homeowner refuses to compensate, the buyer can make repairs on his own, and then claim the corresponding economic losses from the homeowner.
According to the provisions of the Civil Code, the establishment of the real right of the house is subject to registration, so after the real estate certificate is obtained, it is proved that the property right has been registered, and the loss of the purchase contract does not affect the validity of the house sale.
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1.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 declaration, 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.
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1. Spare parts Shen Hui Huai Lu please.
1. The applicant shall go to the real estate bureau to declare in writing the reasons for the loss of the warrant and the location, structure, area, ownership and current situation of the house, as well as the name, address, and business situation of the property owner.
2.Provide business circumstantial evidence (rental book or household register).
3.Fill in the affidavit for the loss of the real estate ownership certificate.
4.With proof of identity, bring the above information to the "Lost Deed Desk" for processing.
Second, the record of the file.
1.After the payment of the search fee, a temporary receipt will be issued by the Housing Department.
2.Conduct an internal file check on the loss of the application.
3. Publication of statements.
After checking the loss of the application, a certificate shall be issued to the applicant and the applicant shall go through the registration procedures of the "Declaration of Lost Warrant" at the newspaper office. After the "Statement of Loss" is reported, the applicant will take the newspaper and the temporary receipt to the real estate bureau and hand it over to the original recipient. If there is no objection within one month, the applicant shall apply to the surveying and mapping institute.
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If the real estate certificate and the purchase contract are lost, the property owner should fill in the application and guarantee letter to the housing archives with his valid identity documents, copy the housing drawings and documents in the archives, and the archives will issue a "housing ownership inquiry certificate", publish the statement of the loss of the real estate certificate and the purchase contract in the newspaper, and apply for a replacement certificate at the housing authority.
Article 21 of the Interim Regulations on the Registration of Immovable Property The registration of the registered items shall be completed when they are recorded in the immovable property register. When the immovable property registration authority completes the registration, it shall issue the immovable property ownership certificate or registration certificate to the applicant in accordance with the law. "Measures for the Administration of Registration of Urban Housing Ownership" Tongling Liang Article 35 If the certificate of ownership of housing is damaged and needs to be replaced after inspection by the registration authority, the certificate shall be replaced.
In the case of the loss of the housing ownership certificate, the right holder shall promptly publish a declaration that it is invalid and apply to the registration authority for reissuance, and the registration authority shall make a reissue announcement, and if there is no objection within 6 months, it shall be reissued.
If the real estate certificate is lost, you can go to the real estate registration center for reissuance: 1. Go to the real estate file department and get the certificate of loss; 2. If the owner publishes the loss announcement in the designated newspaper with the loss statement, if there is no objection within 30 days, the owner shall apply to the registration department for the registration of the loss of the certificate; 3. The owner will receive the new property right certificate after 10 days.
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