Which shall prevail, the purchase contract or the supplementary agreement?

The supplementary agreement shall prevail. The supplementary agreement does not change the main purpose of the main contract, that is, the purpose of buying and selling a house has not changed, but only some details have been modified and supplemented. If it is not filed, its legal effect will not be affected. Moreover, the supplementary agreement is a modification and improvement of the main contract. Even if it is signed at the same time, the content of the supplementary agreement shall prevail.

Matters needing attention in signing the supplementary agreement of the house purchase contract are as follows:

1. Agree on the reasonable error between the interior area and the pool area, so as to prevent the interior area from decreasing and the pool area from increasing within the scope agreed in the contract when the house is delivered.

2. Make an agreement on the reasons why banks and developers can't handle provident fund and commercial loans. It should be agreed that in this case, buyers can choose to return the house, and developers will refund the down payment and deposit, so as to prevent developers from returning the house, deduct the deposit of buyers, or pursue liquidated damages.

3. The developer shall be agreed to provide data for measuring the housing area when delivering the house. It should be agreed that if the developer does not provide it, the buyer can return a house or refuse to accept it, and the developer pays on a daily basis to prevent the buyer from being passive due to problems such as decoration after renovation.

4. We need to reach an agreement on specific amounts such as property fees and parking fees. Prevent developers or property companies from driving up prices after moving in, and property buyers have no basis for developers' original commitments.

5. It is agreed that the specific decoration standard of the house with decoration shall not be misled by unclear descriptions such as "imported" and "advanced" by the developer. Interior and exterior decoration, the type, model, color, orientation, reference price and other factors related to the house should be explained in detail to avoid raising objections to the decoration without any basis.

6. The specific time for the developer to handle the property right certificate for the property buyer needs to be agreed. The contract only stipulates the time for the developer to submit the materials. The purpose is to prevent developers from handling property certificates for property buyers indefinitely, which will affect the exercise of property buyers' rights.

7. It is agreed that the right to use the roof and external wall of the house belongs to the owner, and the developer must obtain the consent of the industry Committee when using it, so as to prevent the developer from affecting the normal life of the buyers due to commercial use.

8. If there is no agreement or unclear agreement in the contract and supplementary agreement, advertisements and publicity materials released by the developer can be used as the basis for relevant contents.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 5 10

After the contract comes into effect, the parties have not agreed or clearly agreed on the quality, price or remuneration, place of performance, etc. They can supplement the agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or trading habits.