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What main terms should be included in the purchase contract?
2. The subject matter of the contract. The subject matter is the object to which the rights and obligations of both parties to the contract point. In the house sales contract, the target is the house. This mainly includes the following contents: the location of the house; The area of buying and selling houses should indicate the actual construction area and the shared public construction area respectively; Whether the house is an existing house or an auction house; Supporting facilities and maintenance standards of houses and so on.
3. The price of the house and the time of payment. Generally, newly-built commercial houses and pre-sold commercial houses calculate the house price according to the building area of the houses bought and sold, that is, the price per square meter of building area is agreed, and then the unit price is multiplied by the building area to calculate the price that the house needs to pay. The sale of old houses sometimes directly stipulates the price to be paid for each house or house. Generally speaking, a payment schedule should be listed in the contract, and the buyer will pay the seller the required price for each installment according to this schedule.
4. Delivery cycle. The seller shall deliver the house to the buyer before a certain date. The buyer shall, from the date of actual acceptance of the house, register the ownership with the real estate property registration authority within the time limit specified by the real estate property registration authority, and the seller shall provide necessary assistance. Or the seller can do the above work on behalf of the buyer. Deliver the house ownership certificate (the owner is the buyer) to the buyer at the same time or after a period of time, and the relevant expenses shall be paid by the buyer.
5. Rights protection. The seller guarantees that there are no property rights disputes and financial disputes when the house is delivered, and the mortgage originally set by the seller has been settled when the house is delivered. After the delivery of the house, the seller shall bear all the responsibilities for the existing rights disputes before the delivery of the house.
6. Liability for breach of contract. The liability for breach of contract is the legal responsibility of the party who violates the contract. The stipulation of liability for breach of contract plays a very important role in urging the parties to perform the contract consciously and properly, protecting the legitimate rights and interests of non-breaching parties, maintaining the legal effect of the contract, and avoiding mutual disputes in the future. It should be clearly stipulated in the contract that the buyer should bear the liability for breach of contract if he fails to pay the house price on time, and the seller should bear the liability for breach of contract if he fails to deliver the house on time, and the house delivered by the seller does not meet the contract.
7. Other matters that both parties to the contract think should be agreed. In addition to the above-mentioned necessary clauses, both parties to the contract can also specify what they think should be agreed in the contract. Such as housing warranty responsibility, property management, community public facilities, dispute resolution and so on.
Legal basis: Article 470th of the Civil Code of People's Republic of China (PRC). The contents of a contract are agreed upon by the parties, and generally include the following terms: (1) the name and domicile of the parties; (2) Subject matter; (3) quantity; (4) quality; (5) Price or remuneration; (6) Time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods for resolving disputes.
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