How to write a house pre purchase agreement, a house pre sale contract?

Legal analysis: 1. Pre-sale contract:

Under normal circumstances, the signing of the pre-sale contract occurs when the commercial housing is pre-sold, and this kind of contract is used when the new commercial housing has not yet been completed, and the developer uses it when the sales department pre-sells the house, and after signing this contract, the developer will take the contract to the housing authority for filing. In the case of this kind of pre-sale contract, the property ownership certificate must be completed after the building is completed as a whole and the buyer has fully paid the house price. If the pre-sale contract is signed, the developer needs to make a supplementary agreement to handle the real estate certificate according to the actual area of the surveying and mapping.

2. Formal contract:

The formal contract is mainly in the process of changing the current property rights of the commercial housing, and the formal contract can directly handle the housing property right certificate after paying the corresponding taxes and fees, and all whether it is a pre-sale contract or a formal contract, it has legal effect, so it must be cautious when signing.

Legal basis: "Measures for the Administration of the Sales of Commodity Housing" 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.

1. Review whether there are "five certificates".Buyers signing pre-sale contracts should pay attention to reviewing whether the developer's "Real Estate Certificate", "Construction Project Planning Permit", "Construction Land Planning Permit", "Construction Project Construction Permit" and "Commercial Housing Pre-sale License" are complete. Whether the construction unit, project, and construction area in the above-mentioned documents are consistent, and whether the name of the developer is consistent with the name at the time of signing.

2. The buyer shall require the developer to sign the unified contract text prepared by the housing management department, and find out whether the person who signs on behalf of the developer is its legal representative, and if not, it shall examine whether it holds the Power of Attorney. In addition, the developer should be required to affix an official seal to the contract. When signing the contract, you must carefully read the text of the contract and check all the contents.

If you find that there are many concerns that are not reflected in the contract, you should immediately sign a supplementary agreement or special agreement with the developer. 3. In the pre-sale contract, the liability for breach of contract must be clearly agreed, and it is best to clearly stipulate the absolute amount of liquidated damages. 4. For possible disputes, the buyer and the seller can resolve them through negotiation, arbitration or litigation.

Some developers require buyers to sign a supplementary agreement after signing a formal pre-sale contract, and the dispute resolution agreed in the two agreements is different, so attention should be paid to coordination and unification to avoid trouble in the future. 5. Pay attention to the terms of property management, some developers require buyers to promise to accept property management services in the pre-sale contract and accept relevant constraints on the premise that the property management company and service standards and charges have not yet been determined, which is an infringement of the buyer's right to know. Therefore, buyers should pay attention to the provisions in the contract regarding property management.

1. The name, nationality and address of both parties, if it is a legal entity, and signed by the legal representative.

2. The name of the commercial house. That is, the name, location, number, floor plan, etc. of the commercial house that the buyer wants to buy.

3. The nature of the use of the house. It should be clarified whether it is a residential building, a commercial building, or something else.

4. The number of commercial houses, the number of units to be purchased by buyers, and the area of each set should be calculated in square meters.

5. The area of the commercial house. It is important to clarify whether it is the building area, the usable area, or other areas, because these areas and concepts represent different contents.

6. Agree on ** per square meter. Since the pre-sale of commercial housing is off-plan, that is, a certain amount of time has been rolled between purchase and delivery, so the first clause has been determined when the contract is established, and the two parties cannot change it without authorization.

7. Agree on the quality of commercial housing. Including the location of the pre-sold house, the floor orientation, the knot and function of the house, the decoration status, equipment, the agreed level of building materials, the warranty period, public supporting facilities, etc.

8. The method and time limit of the payment for the purchase of the house. It includes not only the payment method of the pre-sale money, that is, when to pay, how much to pay, whether it is paid in one installment or in installments, the amount of each payment, but also the time limit for the delivery of the house.

9. The positive and residual methods and deadlines for the transfer of commercial real estate rights.

10. Agree on the assumption of liability for breach of contract. It provides that one party breaches the contract and the other party has the right to claim damages for breach of contract up to the termination of the contract.

1. The validity of the pre-sale contract.

1. If the seller has not obtained the certificate of pre-sale of commercial housing and enters into a contract for the pre-sale of commercial housing with the buyer, it shall be deemed invalid, but if the seller obtains the certificate of pre-sale license for commercial housing before filing a lawsuit, it may be deemed valid.

2. If the parties request confirmation of the invalidity of the contract on the grounds that the pre-sale contract of commercial housing has not gone through the registration and filing formalities in accordance with the provisions of laws and administrative regulations, it will not be supported.

2. The difference between the pre-sale contract and the formal contract for the sale and purchase of the house.

The contract for the sale and purchase of commercial housing generally refers to a contract in which a real estate development enterprise, i.e., the seller, sells the completed house to the public and transfers the ownership of the house to the buyer and seller, and the buyer and seller pay the price. It is the most important document in commercial housing transactions, and it is the basis for determining the rights and obligations of developers and consumers. The pre-sale of commercial housing refers to the behavior of a real estate development enterprise to give the commercial housing under construction to the offtaker, and the purchaser pays the deposit or house price.

The pre-sale of commercial housing is one of the ways to sell commercial housing, and compared with the current sale of commercial housing, there are the following differences:

1. The subject matter of the house does not exist at the time of sale, or it has not been completed during construction;

2. Most of the pre-sold commercial houses are the lots, buildings, areas and auxiliary facilities that have been determined by the real estate developer and indicate the houses per square meter**, and the purchaser only selects them according to the various conditions expressed by the real estate developer;

3. The pre-sale of commercial housing is an act with a time limit, and the purchaser pays the deposit or house price in advance;

4. Procedurally, the buyer and the seller sign the "Commercial Housing Pre-sale Contract" and notarize it.

If the pre-sale contract of commercial housing shall be written, and the registration and filing procedures of the pre-sale contract of commercial housing shall be completed within 30 days from the date of signing. For the pre-sale of commercial housing, the developer shall apply for a pre-sale license from the real estate management department and obtain a pre-sale license for commercial housing.

[Legal basis].Article 10 of the Administrative Measures for the Pre-sale of Urban Commercial Housing.

For the pre-sale of commercial housing, the developer shall sign a contract for the pre-sale of commercial housing with the offtaker. The developer shall, within 30 days from the date of signing, go through the registration and filing procedures for the pre-sale contract of commercial housing with the real estate management department and the municipal and county people's land management department. The real estate management department shall actively apply network information technology and gradually implement the online registration and filing of commercial housing pre-sale contracts.

The registration and filing procedures for the pre-sale contract of commercial housing can be entrusted to the first person. If the person is entrusted to handle it, there shall be a written power of attorney.