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You don't need to hire a lawyer to sign a contract when buying a house, but you must pay attention to the following aspects when signing a contract:
Precautions for buying a house and signing a contract, pay attention to whether the rights and obligations in the content filled in by both parties in the contract terms are equal. Some developers have filled in the contract text in advance and even fill in the supplementary clauses by themselves, and most of the completed contract texts have unequal rights and obligations. Once this happens, the buyer must put forward his own opinion and must not act hastily.
Area confirmation and area difference processing. 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 method of handling the area error in the "Area Difference Treatment" clause. Fooling can only be avoided if there is a detailed agreement on the difference in area in the contract.
It is necessary to pay attention to whether the payment method for the purchase and sale of the house is standardized. The amount, period, method and liability for breach of contract shall be stipulated in the contract. Some developers do not sign the contract first, but first ask the buyer to pay a certain amount of deposit, and only give the buyer a receipt, once a dispute occurs, it often causes the buyer to have difficulty in proving that he is responsible.
Be sure to check whether the delivery date is certain. It is common for developers to make a big fuss about the pre-sale contract, such as only indicating the completion date without indicating the delivery date; Use some vague language such as "after the installation of water and electricity, after the quality acceptance is qualified, and after the completion of the community support". In this regard, when signing the contract, the buyer must clearly stipulate the delivery date as "a certain year, a certain month, and a certain day", and indicate the responsibility of the developer who cannot deliver the house on time.
When signing a contract for the sale and purchase of a house, it is better to ask a lawyer or expert to review the contract text for you from a legal point of view, so as to reduce some unnecessary losses.
In addition, it should be noted that for the terms proposed by the developer that they think are unreasonable, they need to put forward their own amendments and negotiate, and the contract is the product of the agreement of the parties, and if the two parties cannot form an agreement, the contract cannot be established. And as far as your concerns are concerned, they should also be reflected in the contract. In the process of agreement, neither party has the right to force the other party, and either party has the right not to sign a contract.
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If you have a lawyer friend, you can ask him to help see if there are any holes in the contract, and it is a good thing to have a lawyer!
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This is not necessary, if you know the precautions of buying a house, there is no need to ask a lawyer.
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There are many pitfalls in the purchase and sale of houses, and there are pitfalls everywhere, and having a lawyer to help you check the gates will definitely be beneficial and harmless.
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Legal Analysis: No, but if you want to, it's not impossible. However, there will be a certain amount of fees charged by lawyers.
The developer's purchase contract is a standard contract, that is to say, the above agreements are the same, but the transaction price and the buyer's name are different, and the rest is the same, even if the buyer hires a lawyer to look at the purchase contract, if the lawyer thinks it is unreasonable, the developer will not change the sale and purchase contract because of one person.
Legal basis: Measures for the Administration of Lawyers' Service Fees
Article 1: These Measures are drafted on the basis of the "** Law" and the "Lawyers Law" and other relevant laws and regulations, so as to regulate the conduct of lawyers' service fees, to preserve the lawful rights and interests of clients and lawyers, and to promote the healthy development of the lawyer service industry.
Article 2: These Measures apply to law firms established in accordance with the "Lawyers Law of the People's Republic of China" and lawyers approved to practice for the collection of fees for providing legal services to clients.
Article 3: Fees for lawyers' services follow the principles of openness and fairness, voluntary compensation, and good faith.
Law firms shall facilitate and benefit the people, strengthen internal management, reduce service costs, and provide clients with convenient and high-quality legal services.
Article 4: Fees for lawyers' services are to be guided and market-regulated.
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Buying a house is a general civil act and does not require a lawyer, but if it involves personal privacy or other reasons, it can also be requested if it is really needed. Matters that need to be paid attention to in the purchase contract: 1. The basic "five certificates" are complete.
It is necessary to check whether the developer has a pre-sale license for commercial housing, and with a pre-sale license, the developer usually also has a real estate development license, a state-owned land use license, a construction project development license, and a total of five engineering planning permits. This is the key to whether you can get a real estate certificate when buying a house. 2. Use the standard contract text.
Be sure to refer to the best to adopt and do not modify the "Text" of the Banquet Dates, and fill in carefully in accordance with the terms listed in the text to understand the specific content. Do not arbitrarily sign the "Order Agreement" made by the developer and pay a deposit. 3. The relevant supporting documents are valid.
4. Agree on the conditions and time limit for buying off-plan housing. 5. Clarify the specific time and liability for breach of contract. For example, 6. Check the quality of the house.
7. Clarify property management matters. 8. Focus on agreeing on the liability for breach of contract.
Legal basis: Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing.
If the seller concludes a contract for the sale and purchase of commercial housing under any of the following circumstances, resulting in the contract being invalid or revoked or dissolved, the buyer may request a refund of the purchase price and interest paid and compensation for losses, and may request the seller to bear the liability for compensation not exceeding one time of the purchase price paid: (1) deliberately accompanying the demolition to conceal the fact that the pre-sale permit certificate of the commercial housing has not been obtained or providing a false pre-sale permit certificate for the commercial housing; (2) Deliberately concealing the fact that the house sold has been mortgaged; (3) Deliberately concealing the fact that the house sold has been sold to a third party or that the house has been resettled for demolition compensation.
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Legal analysis: The law does not stipulate that a lawyer is required to sign a contract for the purchase of a house, so you can hire a lawyer without laughing.
Legal basis: Article 469 of the Civil Code of the People's Republic of China: The parties may conclude a contract in written, oral or other forms.
The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.
The contents of the information can be tangibly represented by means of electronic data interchange, e-mail, etc., and the data messages that can be accessed at any time for reference are regarded as in written form.
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Do I have to sign a contract before buying a house?
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