Matters needing attention in the purchase contract Nine traps must be seen!

In the process of signing the contract, it is necessary to clearly understand the commercial housing sales contract and the purchase agreement, and clearly stipulate the house price, quality, delivery time, matters to be handled by the real estate license, and liability for breach of contract. Let's take a look at the precautions and traps of the house purchase contract.

Matters needing attention in the purchase contract

First, in the contract, the payment method and price negotiated with the developer should be indicated, whether it is mortgage payment or installment payment during the construction period. If the payment is made by installments, the payment time of each installment shall be indicated.

Second, the date of the developer's delivery must be clearly written, and the delivery must be made on a certain day in a certain year, and it cannot be expressed in ambiguous words, because it involves the breach of contract of overdue delivery.

Third, for the purchase of housing area, it is necessary to clarify the sales area (including the shared public area). If the area error rate difference exceeds the agreed range, the customer has the right to request to return a house or recover the interest loss. Now some cities, such as Shanghai, even stipulate that when the measured area of the developer is larger than the area purchased by the customer, the customer does not have to return the area, and when the measured area is smaller than the purchased area, the developer will return it.

Fourthly, the accurate ventilation time of natural gas or gas should be put forward. Because of the regulations of the gas company, the building can not be ventilated until the occupancy rate reaches 70%. Therefore, although the gas pipeline has been connected, customers may not use gas, which brings a lot of inconvenience to life. Therefore, the contract should indicate the exact time of ventilation or indicate the emergency measures taken by the developer when the occupancy rate is not enough to ventilate on time.

Fifth, the exact time when the title certificate is issued to the hands should be clearly stipulated in the contract. At present, due to various factors, the issuance of real estate licenses is relatively slow, but there should also be a suitable date, and developers can't delay the issuance of real estate licenses indefinitely.

Sixth, when signing contracts with customers, developers often ask customers to sign supplementary contracts in order to explain the contents of the agreement more clearly. The main purpose is to explain the exemption responsibility for failing to deliver the house on time for some specific reasons, and the exemption responsibility under what circumstances when the error rate of area measurement is poor and the difference is too large. Under normal circumstances, the developer signed this contract mainly to protect himself from breach of contract and avoid risks under some circumstances beyond human control. However, customers should pay more attention and study the supplementary terms carefully to avoid falling into the literal trap of some unscrupulous developers. Generally speaking, the most important thing in signing a contract is the above-mentioned problems, but for other terms, you should also get a copy of the developer, go home and study it carefully, and be sure to identify the buyer.

Instructions for signing a house purchase contract

First, the title certificate should be complete. Including "State-owned Land Use Right Certificate", "Construction Land Planning Permit" and "Commercial Housing Pre-sale Permit". These three certificates are the necessary conditions for handling the property right certificate. The original certificate of sales license should be hung on the sales site, where you can see the original certificate, and then whether the land certificate is mortgaged. The land use certificate has a remarks page. If the developer makes a development loan to the bank, it will be indicated on the land use certificate. There is also the business license of the developer, and there is no land business license of the real estate developer in the business scope.

Two, when signing the contract, it is necessary to specify the delivery date, water supply, power supply, ventilation and other conditions, and clarify the liability of both parties for breach of contract. According to the regulations, the gas can only be turned on when it is over 70%. Prior to this, developers must provide liquefied gas for free.

3. Delayed delivery: The developer's supplementary agreement stipulates that "if the developer delays delivery, it shall pay liquidated damages at one thousandth of the paid house price every day, and the total amount of liquidated damages shall be limited to 5% of the house price. If the developer still hasn't delivered the house, the owner will only return the paid principal. " This agreement is very unreasonable.

Iv. Article 1 of the house purchase contract, the basis of project construction. When reviewing the contents of this article, it is necessary to pay attention to whether the relevant contents in the contract are consistent with the relevant documents provided by the developer, such as number and business scope. The second is the basis for the sale of commercial housing. What you need to do is basically the same as the first one. You need to check whether the number of the sales license, the approved organization and the sales method are consistent with the sales license that the developer hangs in the sales office.

5. Pooled area: The areas that should not be included include warehouses, motor vehicle garages, non-motor vehicle garages, basements for people's houses and spaces that can be used independently. There are also houses for self-use by selling units, such as the sales center made by developers in the lobby. Generally speaking, the management room that serves multiple houses is the part that is not connected with this building, such as the property management room in the community. There should be a clear explanation in the annex to the commercial housing sales contract. Article 3 of the main contract only says how much and how much the allocated area is, but Annex 2 of the contract should have an explanation table of the allocation of housing area, which part was allocated and where it was approved.

Confirmation of the area of intransitive verbs and determination of differences. It is suggested that the buyer choose the second treatment method stipulated in the contract, that is, to determine an error ratio acceptable to both parties, that is, plus or minus 3%. Buyers who exceed this ratio can choose to return a house, and developers should refund the house payment and interest, which you can accept.

7. Terms and duration of payment. One-time payment can be negotiated with the developer, whether it is possible to keep about 5% of the house price and pay it after the formal delivery. Bank loans should not be paid to the developer's account within the agreed time. According to the contract, you have to pay a corresponding amount of liquidated damages, so you should arrange your time more abundantly. Before signing a formal house purchase contract, I suggest you consult your credit conditions with the bank or lawyer designated by the developer to see if you can get a credit loan and avoid other troubles.

8. The seller's liability for breach of contract in anticipation of payment. In other words, the developer has agreed that the contract can be terminated if the house payment is not paid for more than 30 days, and the expected termination period of delivery can only be set at 30 days. These two articles should correspond and be equivalent.

Nine. With regard to the terms of changes in planning and design, on the one hand, because we bought an auction house, in the process of commercial housing construction, it is possible that in some aspects, the developer thinks it necessary to make changes in planning and design, and should notify the purchaser in writing within 10 working days after receiving the approval from the relevant department, and the purchaser has the right to choose to return the house.

10. Delivery: The developer should ask a qualified institution recognized by the real estate management department to measure the housing area. When handing over the house, the developer should provide the measured area data, as well as what we call the residential quality guarantee and residential instruction manual. If the original documents provided by the developer are incomplete, the developer may refuse to accept the house, and all the responsibilities arising therefrom shall be borne by the developer.

Xi. The developer's commitment to infrastructure and supporting facilities. Generally speaking, there are five items in the standard contract. The first item is to connect the water and electricity to the elevator, which is the most basic guarantee after you sell the house. Then there is the opening of natural gas and gas pipelines. Generally speaking, the developer will tell you what the occupancy rate is after you check in, but there is no clear regulation in Beijing at present, saying what the occupancy rate is before you can open natural gas. In fact, it is related to the coordination between the developer and the gas company. It is necessary to make an agreement with the developer so as not to affect your normal life. For the projects you buy in the park, the developer promised in the building book, such as the clubhouse, the greening of the park, and the parking spaces on the ground and underground, it is suggested that the developer be required to promise the completion time in this article. The clause also includes that if the conditions promised by the developer are not met within the specified date, the treatment method agreed by both parties should be more favorable to you and the clause should be signed. Do not meet the conditions, should be regarded as developers overdue delivery, should bear the relevant responsibilities of overdue delivery.

12. The relevant provisions of the property right registration stipulate the time limit for handling the property right certificate and the default clauses. Buyers can choose to return a house or pay liquidated damages according to the actual situation. According to the current commercial housing sales regulations, within 60 days, the developer should provide the registration information to the property management department for the record. If, due to the responsibility of the developer, all the information is not reported to the property right registration authority for the record in time, so that the purchaser can not handle the property right certificate in time, a solution can be agreed and the house can be returned. For liquidated damages, it is generally between 1%-5% of the contract amount, and it is also selected according to the actual situation. You can also choose not to check out. If you choose to check out, it will be difficult to operate. For example, you have already moved in, because you will apply for property rights two or three months after moving in. If you want to check out at this time because of the property certificate, it may not be very favorable. I suggest that after you confirm that this project is legal, then handling property rights is only a procedural issue for developers and a coordination problem with relevant departments. It's not that you didn't apply for the title certificate, but because of this project.

Others: For example, how many pages and copies are there in this contract? Commercial housing sales contracts should have four standard contracts, two of which are originals and two copies. Now when the Housing Authority puts on record, it will prepare a copy. The buyer should have the original contract. If you apply for bank mortgage, you should give the original contract to the bank for safekeeping. The last clause in the whole contract is the pre-sale registration clause. Under normal circumstances, within 30 days after the contract is signed, the developer should register with the real estate management bureau and the housing management bureau in the area where the property is located. Attachment 1 is the floor plan of the house. Pay attention to this drawing when signing the contract and confirm the orientation of the house with coordinates. The second is to mark the area, or the scale of the area.

Guard against Traps in House Purchase Contract

Keep your eyes open and avoid the trap of buying a house-sign the contract carefully

After seeing the house, the contract was signed. Now the general practice is to sign the subscription book first, and then sign the formal contract. There are more problems here.

Trap 1: it is not indicated in the subscription book.

What are the reasons and consequences of checking out?

It is understandable that property buyers should pay a certain deposit after signing the subscription book with the developer. However, sometimes property buyers can't buy real estate because they can't get a loan from the bank for various reasons after paying the deposit. Developers generally only refund the purchase price without refunding the deposit, on the grounds that the property buyers have not fulfilled the contract, so the deposit is confiscated.

Countermeasures: The lawyer suggested that it is best for buyers to agree with the developer in the agreement on how to return the deposit or whether to deduct a part of it as a handling fee if the buyers can't get the loan, so as to avoid great trouble.

At the same time, developers have no right to confiscate the deposit, which has no legal basis in itself.

Trap 2: the subject of the contract is unknown.

Due to the lack of legal knowledge, property buyers often make some relatively elementary mistakes. Sometimes the person signing the contract on behalf of the developer is not the legal representative, or the developer on the contract is not the land owner of the property, which may cause problems.

In addition, it is also possible that the project was developed by Company A, but actually invested by Company B. As a buyer, it should sign a contract with Company A, otherwise it will bring a series of troubles, and it will be very troublesome to handle various procedures in the future.

Countermeasures: Before signing the contract, you'd better find out whether the person signing on behalf of the developer is a legal representative, and if not, whether he holds a "power of attorney". Otherwise, the signature of this person is invalid, and at the same time, we should pay attention to the official seal on the contract, so as to avoid the developer shirking responsibility.

Trap 3: Don't sign the supplementary agreement provided by the developer easily.

A supplementary agreement needs to be signed in the purchase transaction. However, it is necessary to remind property buyers that the supplementary agreement provided by the developer must be clearly seen. Now some developers will take the initiative to show supplementary contracts to customers when signing contracts with customers. It is mainly to explain the liability of exemption from compensation for failure to hand over the house on time for some specific reasons and under what circumstances the error rate of area measurement is too different. This is a way for developers to avoid risks by default under uncontrollable circumstances.

Well-intentioned property buyers should not only sign the developer's exemption clause, but forget to safeguard their own interests.

Countermeasure: The best way to read the terms of the supplementary agreement is to ask a lawyer to help you.

Trap 4: "shortest time" and "best"

A contract is an expression of mutual consent. However, in practice, developers often give buyers many seemingly attractive but meaningless promises, such as "if there is a problem, solve it in the shortest time" and "choose the best imported decoration materials". What is the shortest time and what is the best? I don't know

When this vague concept appears in the contract, the law can't do anything about it, and the buyer can't win the lawsuit at all.

Countermeasures: property buyers must write every specific time, place, material and verbal commitment of the developer into the contract.

Trap 5: agree to pay some fees in advance.

Developers are businessmen, and real estate development is an industry with high capital requirements. It is normal for developers to face financial pressure, but this cannot be used as a reason to ask buyers to pay in advance what they should not pay. In contracts or supplementary agreements, developers often write down some expenses that should not be paid in advance, requiring property buyers to pay in advance, which is obviously unfair.

For example, some developers require buyers to promise to accept property management services and accept relevant constraints in the pre-sale contract before determining the property management company, service standards and fees, which is an infringement on consumers.

Countermeasures-property buyers should sign separate property management clauses in the pre-sale contract, or set other clauses to determine the standard of property management fees.

Trap 6: The seller terminates the contract.

In the sales contracts or contract attachments made by some developers, there is often such a clause: "If the buyer still fails to pay the arrears after being urged by the seller, the seller may terminate the contract and confiscate all the money paid by the buyer."

This is obviously unfair. If the buyer has paid 95% of the price, only 5% of the price is overdue. If the developer uses this as an excuse to confiscate 95% of the house price he has paid, it will be unfair. Moreover, confiscation is actually an administrative punishment or criminal punishment, and developers as parties have no right to confiscate other people's property.

Countermeasures: According to Article 40 of the Contract Law, the terms of this contract are invalid. Of course, there are other similar contract terms that have such problems, and buyers can better safeguard their rights and interests according to the law.

Trap 7: The processing result is not clear.

In many contracts, we can often see such a clause, "What should be done before XXX", but if it is not done before XXX, there is no agreement on what to do. In this way, even if it is finally determined that it is the fault of the developer, it is difficult for you to sanction him, and at most it is mediation.

Countermeasures: In the contract signed between the buyer and the developer, it is necessary to clarify the treatment methods for the developer not to fulfill the promise, not to construct according to the design drawings, and not to reach the quality level. The more detailed the better.

Trap 8: Cover the whole with one side.

The "partial coverage" mentioned here is a general concept. Sometimes such a ridiculous question arises. The developer promised that the glass in the bedroom was hollow. When handing over the house, I found that only the bottom of the bedroom window was hollow, and the top was ordinary glass and the like.

Countermeasures: There is no better solution to this problem, that is, the finer the contract, the better. Don't give developers any space. Of course, buyers also need to have a very extensive understanding of buildings and building materials.

Trap 9: Refuse to sign a supplementary agreement

As mentioned above, developers will take the initiative to issue a supplementary agreement that is beneficial to them when signing the contract, and buyers can also issue a supplementary agreement that is beneficial to them. It's best to sign the terms of the developer's advertisement and the promise of decoration and property management in the building book into the supplementary agreement, so don't be afraid of trouble. For a simple example, how many elevators are there in the tower (or board building) you bought? Will they be opened at the same time? What if some can't be opened? Don't underestimate this problem. In order to increase the area and profit, only a few elevators are installed in high-rise residential buildings now, and they are not fully opened at ordinary times, which is extremely inconvenient during the rush hour. In this case, does the owner have the right to refuse to pay part of the elevator fee?

However, just as you can refuse to sign the developer's supplementary agreement, the developer can also refuse to sign the buyer's supplementary agreement. This phenomenon is very common in Beijing, especially in some well-sold buildings.

Countermeasures: regardless of the attitude of developers, property buyers still have to fight for this right. I really can't, and I feel uncertain, so I have to give up buying a house.

The above are the matters needing attention in the purchase contract introduced by Bian Xiao, hoping to help you. For more matters needing attention in the purchase contract, please continue to pay attention to the decoration of Tuba Rabbit.

Tubatu Online provides you with "every decoration quotation, 1-4 local decoration companies, 3 sets of decoration design schemes" and the decoration pit avoidance strategy for free! Click this link:/Zhu Ye /zxbj-cszy.php? to8to _ from = SEO _ zhidao _ m _ jiare & amp； Wb, you can get it for free ~