What matters need to be paid attention to when signing the elevator room sales contract?

When signing an elevator room sales contract, it is necessary to pay attention to the company's identity, elevator model, installation time and liability for breach of contract.

Legal analysisThe following aspects need to be paid attention to when signing the elevator room sales contract: the identity registration information of both parties to the contract, the individual needs to show the identity certificate, the company needs to submit the company's business license, the organization certificate, the legal representative certificate, and if the entrusting others also need to have a power of attorney. Determine the type, type, and number of elevators.

The payment method, amount, and time of the fee. Elevator installation time, maintenance, daily maintenance and other issues. Liability for breach of contract.

Dispute Resolution. In a normal sense, the contract is composed of three parts: equipment cost, transportation fee, and installation and commissioning fee, but it is best to indicate this after the total contract price, including equipment cost, transportation fee, installation and commissioning fee and tax, management fee, parts and labor costs during the warranty period, acceptance fees and miscellaneous fees (hospitality and pick-up costs), and installation costs. Otherwise, there is a possibility that some unspecified expenses may be ripped off during the later performance of the contract.

The ** of any kind of elevator is corresponding to the corresponding specifications on the basis of the specifications, if the specifications are not clearly agreed, it is possible to spend money and not buy the ideal product. For example: elevator door safety protection device, if not agreed to be a light curtain, it is likely to be equipped with a cheaper safety touch plate by the manufacturer, and even the light curtain is divided into a two-in-one double protection type and a slightly lower ordinary light curtain, and the same light curtain is also different from the products of different supporting manufacturers, and the performance is also inconsistent.

Similar situations exist in other areas such as hosts, inverters, computer boards, door machines, etc. It is best to stipulate in the contract of installation and commissioning that the buyer is responsible for providing the repair of the civil engineering gap of the elevator civil shaft and the door frame and call box after the installation of the elevator in accordance with the civil engineering drawings of the hoistway determined by the buyer and the seller, and is no longer responsible for other civil repair costs, and the scaffolding and water and electricity consumption required in the installation process shall be resolved by the seller and the civil construction unit through negotiation, and the cost shall be borne by the seller.

Legal basisCivil Code of the People's Republic of China Article 470 The content of the contract shall be agreed upon by the parties, and generally include the following clauses: (1) the names and addresses of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution. The parties may conclude a contract with reference to the model texts of various types of contracts.

The following aspects need to be paid attention to when signing the elevator room sales contract:

First, the identity registration information of both parties to the contract, the individual needs to show the identity certificate, the company needs to submit the company's business license, the organization certificate, the legal representative certificate, and if the person entrusts others, he also needs to have a power of attorney.

Second, determine the model, type and quantity of elevators.

Third, the payment method, amount, and time of the fee.

Fourth, the installation time, maintenance, daily maintenance and other issues of the elevator.

Fifth, the assumption of liability for breach of contract.

Sixth, the way in which disputes are resolved.

In addition to the price, the most important thing is after-sales service: warranty, daily maintenance.

Pre-sale is one of the main ways to sell real estate these days, but there are a few things to keep in mind when signing a pre-sale contract.

2. Confirm whether the standard terms formulated by the developer are fair. 3. Clearly stipulate the conditions for the delivery of the house and the liability for breach of contract for delayed delivery. The developer's liability for delay in delivery is mainly divided into two levels: liquidated damages, compensation for late delivery and the buyer's right to terminate the contract.

The specifics of those provisions should be clarified. 4. Clearly stipulate the handling of mortgage rights. 5. Clarify the settlement method for area error.

The area agreed in the pre-sale contract is generally the area measured according to the drawing, and it is inevitable that there will be errors with the final measured area. In order to avoid disputes in the future, the buyer should agree in the pre-sale contract on how to deal with the area error. 6. Handle the relevant registration procedures in a timely manner.

After the pre-sale contract of commercial housing is signed, there are many legal procedures that need to be handled from the online filing of contract information to the receipt of the real estate certificate and land certificate by the buyer.

(1) Before signing the contract, distinguish between pre-sale and current sale.

Contract for the sale and purchase of commercial housing:

1.Determination of the nature of the sales advertisement

The sales advertisements and promotional materials of the commercial housing are invitations to offer; However, if the seller's explanation and promise to the houses and related facilities within the scope of the commercial housing development plan are specifically determined, and have a significant impact on the conclusion of the contract and the determination of the housing **, it shall be regarded as an offer; Even if the explanation and promise are not included in the contract for the sale and purchase of commercial housing, they are still part of the contract, and the parties shall bear the liability for breach of contract if they violate these contents.

2.The validity of the pre-sale contract of commercial housing

1) The pre-sale of commercial housing belongs to the scope of franchising prescribed by law, so the seller must apply for a pre-sale permit certificate for commercial housing. If the seller concludes a pre-sale contract with the buyer without obtaining a pre-sale permit, the contract is invalid, but if the pre-sale permit is obtained before the lawsuit is filed, the contract is valid.

2) The pre-sale contract of commercial housing shall go through the registration and filing procedures, but the registration and filing procedures are not the conditions for the contract to take effect, unless otherwise agreed by the parties.

3.Statutory Conditions for Release

1) The main structure of the house cannot be delivered for use because the quality of the main structure of the house is unqualified, or after the house is delivered, the quality of the main structure of the house is verified to be unqualified;

2) Due to the quality of the house, the normal residential use is seriously affected;

3) The absolute value of the difference between the floor area of the house suite or the area error ratio between the building area and the contract exceeds 3%;

4) The seller delays the delivery of the house or the buyer delays the payment of the purchase price, and fails to perform within a reasonable period of 3 months after being reminded;

5) More than one year after the expiration of the agreed or statutory time limit for handling the registration of house ownership, and the buyer is unable to handle the registration of house ownership due to reasons attributable to the seller.

4.Circumstances in which punitive damages may be applied

Under the following circumstances, the buyer may also require the seller to bear punitive damages not exceeding 1 time of the price paid under the premise of rescinding the contract and compensating for losses:

1) After the conclusion of the contract for the sale and purchase of commercial housing, the seller mortgages the house to a third party without informing the buyer;

2) After the conclusion of the contract for the sale and purchase of commercial housing, the seller sells the house to a third party;

3) Deliberately concealing the fact that the commercial housing pre-sale permit certificate has not been obtained or providing a false commercial housing pre-sale permit certificate;

4) deliberately conceal the fact that the house sold has been mortgaged;

5) Deliberately concealing the fact that the house sold has been sold to a third party or the house has been resettled for demolition compensation.

Explanation] The buyer can only require the "real estate developer" to bear punitive damages not exceeding 1 times of the price paid; This is not the case if the seller is a common man.

5.The validity relationship between the commercial housing sales contract and the loan contract

1) If the loan contract cannot be concluded, resulting in the failure to perform the contract for the sale and purchase of commercial housing, the parties may request to terminate the contract, analyze the reasons for the failure to conclude the loan contract, and compensate for the losses if it can be attributed to one party.

2) If the contract for the sale and purchase of commercial housing is invalid, revoked or dissolved, the loan contract shall also be terminated accordingly, and the seller shall return the principal and interest of the purchase loan and purchase price to the guarantor and the buyer respectively.

Contract for the sale and purchase of commercial housing:

The main reason why the developer signs the "Housing Subscription Agreement" with the buyer is that the developer needs to reserve the house for the buyer and sign the "Commercial Housing Sales Contract" with the buyer.

Of course, this is a means of the developer, and signing the subscription agreement will put some pressure on the buyer to sign the contract for the sale and purchase of commercial housing as soon as possible, so that the sale and purchase can be completed. Many buyers are not satisfied with the selected house after signing the Housing Purchase Agreement, or cannot reach an agreement with the developer on certain terms of the Commercial Housing Sales Contract, so they ask the developer to refund the deposit or deposit they have paid.

So, is there a legal basis for the buyer's request? What is the difference between a deposit and a deposit? Article 22 of the Administrative Measures for the Sales of Commodity Housing stipulates that if the parties fail to conclude the Contract for the Sale and Purchase of Commodity Housing, the developer shall return the fees charged to the buyer.

However, the expenses referred to here refer to are in the nature of advance payments"Deposit"and not as security for the conclusion of a contract"Deposit"。Moreover, it is in the nature of an advance payment"Deposit"As long as the parties agree not to return it on a lawful and voluntary basis, they shall follow the agreement in accordance with the law.

According to the relevant provisions of the Contract Law and the Guarantee Law, the amount of the deposit shall not exceed 20% of the total amount of the subject matter of the contract; After the debtor performs the debt, the deposit shall be offset against the price or recovered; If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit, and if the party receiving the deposit fails to perform the agreed debt, the deposit shall be returned double.

Article 4 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 Commercial Housing Sales Contracts stipulates that:"If the seller accepts a deposit from the buyer as a guarantee for the conclusion of a commercial housing sales contract by means of subscription, ordering, reservation, etc., if it fails to conclude the commercial housing sales contract due to the reasons of one of the parties, it shall be handled in accordance with the provisions of the law on deposits; 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. "

Hence in"Deposit"or"It is agreed that the fee will not be refunded"In this case, the buyer is likely to be in a passive position, either accepting the unequal terms of the developer, or refusing to sign the "Commercial Housing Sales Contract" with the developer and suffering the loss of the deposit or deposit. Therefore, buyers are reminded to sign the "Housing Purchase Agreement" carefully, and pay attention to what the agreement takes"Deposit"Way still"Deposit"way, there is none"As otherwise agreed"。

The Contract for the Sale and Purchase of Commodity Housing is the main legal basis for buyers to protect their legitimate rights and interests, so buyers cannot but look at it cautiously and should not pay attention to the following issues when signing the Contract for the Sale and Purchase of Commodity Housing:

1) In the contract, the payment method negotiated with the developer should be indicated.

Whether it is a lump sum payment or a mortgage payment (or installment payment), it is best to indicate how to deal with the prepayment such as the deposit if the bank mortgage is not applied.

2) Clearly indicate the area of the house.

The purchased area should clearly indicate what the sales area (or apportioned common area) is and how much is actually used. If the area error exceeds the agreed range, the buyer has the right to move out and recover the interest loss.

3) There should be strict and specific regulations on the delivery date.

Be sure to write down the date of delivery of the house by the developer, specific to a certain year, month, and day, and do not use ambiguous wording to express it. If the developer does not deliver the property at the agreed time, it can be held liable for breach of contract in accordance with this clause.

4) Clarify the exact time of gas ventilation.

The contract should specify the exact time of gas ventilation, or what contingency measures the developer should take if the gas cannot be ventilated on time due to insufficient occupancy rate.

5) Clarify the exact time when the title deed will be issued to the buyer.

6) Carefully check the annexes of the contract and pay attention to whether the floor plan of the house is consistent with the purchased house.

Pay attention to whether the area of each bedroom, living room and toilet is indicated; Whether the materials, brands and models of the building structure, decoration and equipment of the purchased house are determined.

7) Agree on how to take responsibility in the event of design changes.

The contract should clearly state how long the buyer should be notified of the new design if there is a design change during the construction of the house, how long the buyer should be notified of the new design proposal, how long the buyer should be asked to move out, and how long the seller should refund and pay interest.

8) Carefully study the content of the supplemental terms.

If the buyer believes that the content of the Contract for the Sale and Purchase of Commercial Housing is still not detailed enough, he can sign a supplementary agreement to stipulate in the supplementary agreement that the content that both parties believe should be agreed. The content of the agreement should be fair, and the rights and obligations of both parties must be reciprocal. It should be noted that some developers have prepared supplementary agreements in advance, and most of these agreements are drawn up according to the unilateral wishes of the developer, which contain a lot of unequal content, and buyers should pay more attention to them.

Carefully study the supplementary terms, pay attention to whether the supplementary terms conflict with the formal contract, and propose amendments to the terms that you do not agree with, and you can also propose if you have anything that needs to be supplemented. Because any contract can be amended before it is officially signed. Avoid unnecessary financial losses or civil disputes caused by negligence.

The precautions that must be learned when signing a contract for the sale and purchase of commercial housing, have you got it?

When signing the contract for the sale and purchase of commercial housing, I personally recommend that you read the terms of the contract more clearly, and I carefully read each item in the terms to ensure that it will not cause unnecessary problems to the contract.