What's the difference between a pre-sale contract and a formal contract?

If there is a difference between the new house pre-sale contract and the formal contract, then the occasion of signing the two contracts is different. The pre-sale contract is adopted for the pre-sale of commercial housing. After the house is completed and delivered for use, the buyer can directly handle the transfer formalities after paying all the house price. Commercial housing sales contracts apply to the sale of existing houses (commercial houses that have obtained property certificates after completion and acceptance, that is, existing houses).

Matters needing attention in signing a house purchase contract

1. First, let's see if the developer has "five certificates"

Five certificates, one is the construction land planning permit, the other is the construction project planning permit, the third is the construction project commencement permit, the fourth is the state-owned land use permit, and the fifth is the pre-sale permit of commercial housing, referred to as "five certificates". Among them, the first two certificates are issued by the Municipal Planning Commission, the construction city by the Municipal Construction Committee, and the state-owned land use certificate and the pre-sale permit of commercial housing by the Municipal Bureau of Land Resources and Housing Management.

So what do you think of the "five certificates"? I'll give you an idea. The most important of these five certificates is to look at two certificates, one is the state-owned land use certificate and the other is the pre-sale permit. Both certificates should be issued. If you take a good look, there will generally be no problem, especially the pre-sale permit. What needs to be reminded in particular is that property buyers must look at the original when viewing the five certificates, and the copy is easy to be cheated. Before signing the contract, you should see clearly whether the house you bought in advance is within the pre-sale scope to ensure the smooth handling of the property right certificate in the future.

2. Use standard contract text

Be sure to refer to the "text" and don't modify it at will. Please fill in the terms listed in the text carefully to understand the specific content. Don't sign the "order agreement" set by the developer at will and pay the deposit. Even if many people do this, it is not a necessary procedure to buy a house. And this kind of contract is bound to be unequal in rights and obligations, which is especially unfavorable to oneself. It is best to sign a pre-sale contract directly with the developer. This step must not be sloppy! Otherwise, it will be miserable if you eat a big loss.

3. Check the relevant documents.

To buy an auction house, you should check whether the developer has a pre-sale permit and make sure that the house you buy is within the pre-sale scope. To buy an existing home, you should check whether the developer has a large property certificate and a new residential delivery permit.

4. Pay attention to the agreement of building area when buying an auction house.

When filling in the temporary measurement area, in addition to the total construction area, the interior area and the apportioned area should also be filled in.

5. Buy an auction house with agreed terms and time limit.

The so-called delivery has two meanings: first, the right to use the house, that is, physical delivery; The other layer is the transfer of housing ownership, that is, the transfer of property rights.

6. Pay attention to the quality of the house when signing the contract.

When signing a contract, buyers should carefully scrutinize the contents of the two books, namely "Commercial Housing Quality Guarantee" and "Residential Instruction Manual", and take the quality guarantee as an annex to the contract.

7. Clear property management matters when signing the contract.

In the contract, it is necessary to determine the property management company in advance, as well as the property management scope and charging standard agreed by both parties.

8. Pay attention to the supplementary agreement in the contract text.

Property buyers should beware that some developers cancel the clauses in the model contract text to protect the fairness of transactions through supplementary agreements, so as to reduce the responsibility of the seller.

9. Pay attention to the agreed liability for breach of contract

The breach of contract here includes: after signing the contract, the buyer asked to return the house and failed to pay on time; The developer asked for a house change after selling the house, and failed to hand over the house on time; The area changes beyond the agreed scope; The quality does not meet the requirements; Do not abide by the regulations and agreements when handling the transfer procedures.

Matters needing attention in signing supplementary agreement on house purchase:

When buying and selling, one is to sign a subscription book, and the other is to sign a house purchase contract. There are supplementary provisions in the purchase contract. This supplementary agreement is often not stipulated in the purchase contract, usually stipulated in the supplementary terms. What buyers need to be reminded is that the supplementary terms are more important to some extent than those agreed in the house sales contract, because the supplementary terms are agreed according to different specific conditions of different projects. Therefore, we should grasp several issues when signing supplementary terms.

1. The contents of advertisements such as sales brochures should be clearly written into the supplementary agreement, which is a very important way to safeguard the legitimate rights and interests of property buyers.

2. Clear the time for handling the house ownership certificate. Because the sales contract usually doesn't say how long it will take to complete the title certificate, it is usually agreed in the supplementary terms.

3. If the mortgage cannot be done, it is necessary to clarify the responsibilities of both parties. Buying a house now generally requires a mortgage. In fact, in some cases, the mortgage loan has not been completed. The reasons for not doing it are complicated, including property buyers, real estate developers, even banks, and some are comprehensive. It is necessary to clarify what the respective responsibilities of both parties are if they cannot apply for a mortgage.

4. Clear allocation of construction area. At present, the most controversial issue is the allocation of the pool area. Some developers often make a fuss about the pool, so it is necessary to make a clear agreement with the developers, not only to have a rough pool area figure, but also to agree on which part of the pool to determine the location of the pool. Now there are many gifts for this and that, in fact, sometimes they are common fields.

5. Decoration standards should be clear. The gradual real estate development project in the future is to decorate the house, so the standard of decoration must be clear. For example, the standard of decoration should not be vague, such as imported materials and advanced materials, but it must be clear what brand to use, even including color.

6. Clear the responsibility of checking out. After receiving the notice of occupancy, buyers often spend some money to decorate their houses, such as buying home appliances. But once the check-out is the reason of the developer, it is necessary to clarify what kind of responsibility the developer is and return it to the developer within a certain date, even including bank interest and fines.