Will it take effect if the subscription form is not stamped with the official seal?

The house purchase letter is an expression of intent of both parties and must be stamped before it can take effect. Under normal circumstances, it is not effective if it is not stamped with an official seal, but if there is evidence such as the subscription money, it may be considered valid. Consult the relevant professionals for details of whether the subscription letter is effective, and the specific details shall be subject to the contract.

Generally speaking, it is invalid because it is not a contract for the sale and purchase of commercial housing.

If it is a contract for the sale and purchase of commercial housing, it can still be deemed to be effective if there is a relevant proof of receipt and payment.

If you are talking about the subscription letter of commercial housing, then the subscription letter is a certificate of intent of both parties, and it is an agreement signed between equal subjects to establish the civil rights and obligations relationship for the sale and purchase of commercial housing, and it must be sealed before it can take effect.

In the content of the subscription letter, the two parties to the contract agree on the relevant matters related to the signing of the commercial housing sales contract, and the subscription letter is not the final contract.

Its effect must be different from that of this contract, i.e., the contract for the sale of commercial housing. The other party can only be requested to negotiate in good faith and perform the obligations agreed in this contract, and may not directly request performance of the content of this contract.

The contents of the subscription letter include: the basic information of both parties, the basic information of the house (including location, area, unit price, etc.), and the time limit for signing the formal contract.

Further information: Basis for the legal effect of the subscription letter:

Measures for the Administration of Commodity Housing Sales.

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. 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.

Legally binding.

Commodity housing purchase book.

should be covered. Special seal for the contract.

However, the special seal for collection can also indicate the identity of the developer, because whether it is the collection seal or the contract seal, it is legally registered with the industrial and commercial department, and the seal is the developer's.

Indication of intent. This does not affect the validity of the Subscription Letter.

The deposit for buying a house without the official seal on the purchase subscription agreement is non-refundable

The deposit for buying a house without the official seal on the purchase subscription agreement is non-refundable

The purchase purchase subscription agreement is not stamped with the official seal, but it also has legal effect, and the contract is signed by mutual agreement;

If you sign the deposit at the same time, you can't withdraw it, and you can't ask for compensation for breaking the contract;

If the contract is broken, the other party can also go to court to sue;

Legal analysis: The subscription letter is an expression of intent of both parties and must be stamped before it can take effect.

Legal basis: "Judicial Interpretation of Commodity Housing Sales Contract" Article 4 If the seller accepts a deposit from the buyer as a guarantee for the conclusion of the commercial housing sales contract by means of subscription, ordering, reservation, etc., if the contract for the sale and purchase of commercial housing is not concluded due to the reasons of one of the parties, it shall be handled in accordance with the provisions of the law on the deposit; If the contract for the sale and purchase of commercial housing cannot be concluded due to reasons not attributable to both parties, the seller shall return the deposit to the buyer.

Article 5 Agreements on the subscription, ordering, and reservation of commercial housing are available.

Measures for the Administration of the Sale of Commodity Housing》 Article 16 The main content of the contract for the sale and purchase of commercial housing, and the seller has accepted the purchase price in accordance with the agreement, the agreement shall be recognized as the sale of commercial housing.

Legal Analysis: The Subscription Letter is not invalid. The other party can take it to apply for a seal, and the seal is binding on both parties.

Legal basis: The main content of the commercial housing sales contract stipulated in Article 16 of the Administrative Measures of the People's Republic of China for the Sales of Commodity Housing, and the seller has accepted the purchase price in accordance with the agreement, the agreement shall be recognized as the commercial housing sales contract.

Therefore, whether the "subscription letter" has legal effect depends on its specific content and cannot be generalized. Here, it is important to note that when making a clause involving earnest money, deposit or deposit, it is necessary to indicate whether the payment of the down payment is made as part of the purchase price. When the buyer does not want to buy a house, the earnest money can generally be refunded and the refund of the deposit is difficult, unless otherwise specified, the deposit or deposit can only be refunded in the case of default by the developer.

Legal Analysis: The Subscription Letter is not invalid. The other party can take it to apply for a seal, and the seal is binding on both parties.

Legal basis: The main content of the commercial housing sales contract stipulated in Article 16 of the Administrative Measures of the People's Republic of China for the Sales of Commodity Housing, and the seller has accepted the purchase price in accordance with the agreement, the agreement shall be recognized as the commercial housing sales contract.

Therefore, whether the "subscription letter" has legal effect depends on its specific content and cannot be generalized. Here, it is important to note that when making a clause involving earnest money, deposit or deposit, it is necessary to indicate whether the payment is made as part of the purchase price when the down payment is made. When the buyer does not want to buy a house, the earnest money can generally be refunded, and the refund of the deposit and the deposit is difficult, such as Hu Yuzhayan, unless otherwise specified, the deposit or deposit can only be refunded in the case of default by the developer.

The agreement can be stamped with a special seal for the contract, and the contract can generally be stamped with a special seal or official seal. 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; The contract is formed when one of the parties has fulfilled its primary obligations before signing, stamping or fingerprinting, and the other party accepts it. Other statutory circumstances, etc.

Legal basis: Article 490 of the Civil Code.

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; The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting. Rotten.

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.

Article 502, paragraph 1.

A contract established in accordance with law shall take effect at the time of its establishment, unless otherwise provided by law or otherwise agreed by the parties.

The subscription contract is only signed and not sealed, which may be valid or invalid. Whether a contract with only a signature without an official seal has legal effect should be analyzed according to the specific circumstances:

1. If the contract is signed by the principal of the unit within the scope of his authority, or the legal representative of the company, the contract is valid.

2. If the signing entrusting person does not have the right to sign the contract, exceeds the right or signs the contract after the termination of the right, the signed contract is valid after being recognized by the person. If it is not recognized, the contract shall be invalid, and the actor shall bear civil liability. Where the person knows that others are carrying out civil acts in his or her own name but does not deny it, it is deemed to be consent.

1. How to sign the contract to be valid.

The question of how to sign a contract in order to be effective is actually a question of the requirements for the contract to be effective. According to the relevant provisions of the Civil Code, the requirements for the entry into force of a contract include general and special requirements.

1. General requirements for the validity of a contract: refers to the conditions that should be met for the contract to be effective. Any contract can only be valid and established in accordance with the law if it has the general requirements for validity; According to the provisions of the Civil Code, the general requirements for the validity of a contract include:

1) The actor has the corresponding capacity for civil conduct;

2) the meaning is true;

3) Do not violate the law or the public interest.

2. Special requirements for the contract to take effect: It means that in addition to the general requirements for the contract to take effect, the contract also has the conditions that the special requirements must be met before it can take effect. The special requirements for the validity of a contract are only the special requirements for the entry into force of certain contracts as stipulated by laws and administrative regulations, and are not universal;

The Civil Code stipulates that where laws and administrative regulations stipulate that formalities such as approval and registration shall be completed to take effect, such provisions shall be followed.

2. What are the types of effective time of the contract?

There are generally three types of contract entry into force:

1. A contract established in accordance with the law shall take effect from the time of its establishment.

In other words, the entry into force of the contract is, in principle, consistent with the formation of the contract, and the contract becomes effective when it is established. So when is the contract formed, according to the provisions of the Civil Code: "The contract is formed when the commitment takes effect."

For example, in a sales contract, if the parties do not specifically agree on the validity of the contract, the contract is formed and takes effect when the parties agree on the main content of the sales contract.

2. Where laws and administrative regulations stipulate that approval or registration formalities shall take effect, it shall take effect at the time of approval and registration.

3. The contract with effective conditions shall take effect when the conditions are reached.

The conclusion of the contract is subject to the agreement and agreement between the two parties, and the written contract is only to better distinguish the rights and obligations of the contract. Therefore, this kind of agreement without a seal is valid, but the official seal of the parties to the transaction will avoid potential disputes.

A legal person company should issue a sealed document to be valid. Moreover, it depends on how it is written in your agreement, for example, this agreement shall come into force from the date of signature and seal of both parties. Protect your rights and interests.