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1. The true identity of the homeowner must be confirmed.
Before signing the contract, the buyer and the seller first need to check the authenticity of the contracted subject, mainly to verify the identity of the homeowner. Therefore, the authenticity of the owner's certificate and the consistency of his identity with the owner are the prerequisites for signing the sales contract, especially when the buyer and the seller have to sue for the transaction without the third party as an intermediary guarantee, this issue needs to attract the attention of the customer.
2. The liability for breach of contract by both parties must be clarified.
Because real estate transactions are complex and the amount of money is large, unexpected situations can sometimes arise that lead to breach of contract. In order to avoid the phenomenon of rip-off in the future, it is necessary to clearly state the responsibilities and rights of both parties, as well as the amount and time of repayment of liquidated damages, when signing the contract, and follow the principle that the responsibilities and rights of both parties are equal. At present, the proportion of liquidated damages in the vast majority of second-hand housing sales contracts is clearly indicated, but there is no specific payment for the compensation time, which will lead to the delay in the payment time of the violator and the actual binding force and enforcement of the clause, so the clause of "the buyer shall pay liquidated damages to the seller (buyer) within the specified period from the date of actual payment of the payment (the seller shall pay the liquidated damages to the seller (buyer) within the specified time limit from the date of actual payment of the payment (the seller shall actually deliver the house)" to ensure the final implementation of the terms of the contract.
3. The time of payment transfer must be indicated.
In practice, the buyer will divide the payment into two parts: down payment and final payment, and pay the homeowner at different times. Therefore, the seller needs to be clear about the time of payment by the buyer, and the payment time depends on the date of the transfer of the property, so the buyer has the right to know the time of the transfer of the property.
4. The time of payment handover must be indicated.
This is an ancillary issue of the house itself that the buyer should pay attention to, and it belongs to the important clause in the "house delivery", and it must indicate the date of handover of water, electricity, gas, property and other expenses. At the same time, if it is a public housing transaction, the time and standard for the payment of property, heating and other expenses, whether there are some established requirements and changes to the original owner's unit, the cooperation that the seller needs to make and the agreement that the buyer needs to sign, etc., should be clearly stated in the contract.
5. There must be a detailed list of ** fees.
6. The buyer must meet the owner.
7. Must learn to use supplementary agreements.
If the terms of the contract are unclear or need to be further agreed upon when signing the contract, the buyer and the seller should fill in the blank line after the relevant clauses of the contract or fill in the additional clauses after the contract to clarify the intention of both parties in the contract, which will reduce the inconvenience and trouble caused by ambiguity in the subsequent stage.
The latest judicial interpretations on the sale and purchase of commercial housing are as follows: 1. The term "contract for the sale and purchase of commercial housing" as used in this interpretation refers to the sale and transfer of the ownership of the house to the public by a real estate development enterprise (hereinafter collectively referred to as the seller) in which the real estate development enterprise (hereinafter referred to as the seller) sells and transfers the ownership of the house to the buyer, and the buyer pays the price. If the seller has not obtained a pre-sale permit for commercial housing, the pre-sale contract for commercial housing concluded with the buyer shall be deemed invalid, but if the seller obtains a certificate of pre-sale permit for commercial housing before filing a lawsuit, it may be deemed valid. >>>More
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1. What is the process of house sale and transfer?
1) If the transfer of the real estate certificate does not go through the real estate agency, the terms of the contract and the terms of breach of contract must be clearly written, and the party named on the seller's real estate certificate must be present when signing the contract (if it is married, both husband and wife need to be present and signed, even if there is only one person's name on the real estate certificate). >>>More
First, when the two parties sign the contract, the contract is formed and takes effect; >>>More