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Both parties to the online signing of the house purchase contract and the house purchase contract have legal effect and have the same legal effect. If the intention of both parties is genuine, and the signed content meets the requirements of the contract, and the content of the online signing is consistent with the main content of the housing sales contract, the online signing contract is legally effective.
Data Extensions
The online contract refers to the contract that is filed with the Construction Committee. The purchase contract is an agreement reached between the buyer and the real estate development enterprise on the basis of equality, voluntariness and consensus on the purchase and sale of commercial housing in accordance with the provisions of the Civil Code, the Law of the People's Republic of China on the Administration of Urban Real Estate and other relevant laws and regulations.
The purpose of signing the contract online is generally to fax each other after each party affixes the official seal, that is, to achieve the purpose of signing the contract. The online signing of the contract should not be carried out hastily, and it is necessary to have a certain relationship of trust between the two parties. So as not to be deceived.
Individuals and units to sign contracts online generally need to find a well-known company with a certain scale. The company finds an individual to sign the contract online, requires that the personal documents are complete, and the individual first fulfills the contract. It generally refers to the contract documents related to the rights and obligations of the Internet, a form of signing contracts on the Internet, and the employment rate of graduates by the school, and the labor contract signed by graduates with employers on the Internet to improve the employment rate of the school.
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1. Which is valid if the online signing contract and the purchase contract are inconsistent?
If the purchase contract is inconsistent with the online signing contract, the online signing contract shall prevail. If the content of the two contracts is inconsistent, under normal circumstances, the latter contract shall be regarded as a modification of the previous one, and the modified contract shall prevail. However, if it is only an entry error, you can make changes.
2. Is the online signing contract the same as the purchase contract?
1. The online signing contract is different from the purchase contract, in which the online signing of real estate is actually that after you sign the contract with the sales object, you must go to the relevant departments of the real estate for the record and publish it on the Internet. Then a network number will be given, and you can check it online through this number. The purpose of the online signing is to make real estate transactions more transparent.
2. In the future, real estate development enterprises must go through the project access procedures with the Municipal Land and Housing Management Bureau before applying for the pre-sale license of commercial housing or applying for the registration of the right to set up new commercial housing for the existing commercial housing, and submit relevant information and supporting materials, and the public can inquire online at any time.
3. The online signing contract is different from the purchase contract, and the online signing is to make the real estate transaction more transparent and prevent"More than one house sells"。When signing online, it is necessary to check whether the developer has a pre-sale license for commercial housing, and with a pre-sale certificate, the developer usually also has a land use certificate, planning permit, construction project permit, etc. This is the key to whether you can get a real estate certificate when buying a house.
3. What is the online sign?
1. The online signing of the house is to avoid the sale of one house and two houses, but the protection period of the online signing system is 3 months, and the seller can sign the contract again after the deadline, so try to go through the transfer procedures within 3 months. Secondly, the landlord's qualifications will be more credible after being verified after the online signing. Finally, the online signature is conducive to the monitoring of the second-hand housing market.
If you think that your interests cannot be guaranteed in the contract, and the developer does not agree to modify or supplement, the buyer has the right to re-choose the developer and the real estate.
2. Confirm the area of the online signature and deal with the difference in area. If you choose to confirm the area and deal with the area difference based on the floor area of the suite, you should specify the treatment method in the case of area error in the area difference treatment clause.
With the continuous development of society, all industries have become more and more transparent. Now to buy a house, you must first sign online, and then file again after the online signing. Only online signing does not make a record, and the house does not belong to the parties.
When buying a house, you must buy a property with property rights, otherwise there will be legal disputes later.
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Legal analysis: if the content of the online contract and the house purchase contract are the same, then they have the same effect, but if the content of the online contract and the house purchase contract are not the same, then it is necessary to see which contract belongs to the true expression of intent, and the house purchase contract signed with a false expression of intent is invalid.
Legal basis: According to Article 146 of the Civil Code of the People's Republic of China implemented in 2021, civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid. The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions.
In real life, in order to avoid taxes, the buyer and the seller deliberately write the purchase ** lower than the actual house purchase ** when signing the online signing contract, so as to achieve the purpose of paying less tax, which is a typical civil legal act implemented with a false expression of intent, then the online signing contract is invalid.
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Both the online contract and the house purchase contract are valid, but if the house purchase contract is inconsistent with the online contract, the online contract shall prevail.
The law does not clearly stipulate the validity period of the contract, and the effective time and termination time of the contract are generally agreed upon by the parties themselves. As long as the agreed term or the conditions for entry into force or termination are the true expression of the intention of the parties and do not violate the mandatory provisions on the validity of laws and administrative regulations, it is legal and valid. Generally speaking, a contract established in accordance with the law takes effect from the time of its establishment; If the parties do not agree on the effective time, it is generally considered to take effect on the date of signing the contract; If the parties conclude a contract in the form of a written contract, the contract shall be formed when both parties sign or affix their seals; Where the parties conclude a contract in the form of letters, data messages, etc., they may request the signing of a confirmation before the contract is concluded; When the confirmation is signed, the contract is formed, and the date of establishment is the effective time; If there is no agreement in the contract on the effective time, but there are additional conditions on the entry into force of the contract, the effective time of the contract shall be when the additional conditions are fulfilled. >>>More
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The agreement is generally provided by the intermediary company, and the agreement and the contract have the same legal effect, or the two parties privately agree to use the purchase of the house. The contract is the official text used in the transaction of the housing authority, and if the agreement submitted to the housing authority does not violate the mandatory provisions of laws and administrative regulations, and meets the effective conditions agreed in the agreement, the agreement will become legally effective. The agreement may also be used as a supplement to the contract or to preclude the entry into force of the contract in a chronological manner.
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