How to sign an agreement to buy a relocated house is protected by law?

The agreement on the purchase of relocated houses should be protected by law and should have the elements for the agreement to take effect. Relocation house refers to the house paid by the developer to the relocated households during land acquisition. The specific requirements for entry into force are as follows: 1. Both parties to the demolition agreement should have corresponding civil capacity; 2. Signing an agreement to buy the relocated house is out of true meaning; 3. The content of the agreement on the purchase of the relocated house does not violate the mandatory provisions such as laws and administrative regulations, and does not violate public order and good customs. Only the demolition agreement with the above effective elements can be protected by law.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 143? ? A civil juristic act that meets the following conditions is valid: (1) The actor has corresponding capacity for civil conduct; (2) the meaning is true; (three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

Extended data

Matters needing attention in purchasing relocated houses:

1, pay attention to "selling one room" when buying a relocated house.

Unable to handle it, leaving a loophole for the seller to "sell more in one room". Once the house price is high and the default cost is too low, the seller is very likely to sell the house to others.

2. When buying a relocated house, be sure to set the delivery time.

When signing the relocation house sales agreement, the seller failed to obtain the real estate license and could not handle the transfer formalities. Therefore, it is necessary to agree on the time of property transfer. In practice, although it is impossible to guarantee when to obtain the real estate license, it is necessary to clarify the transfer procedures from the date of obtaining the real estate license.

When signing the agreement for the sale of relocated houses, it is necessary to determine the specific delivery time. If the existing house is signed at the time of signing the contract, the down payment date may be agreed as the delivery time.

3. When purchasing the relocated house, the buyer should keep a balance.

The risk of buying and selling houses without real estate license is very high, and supervision is very important. However, to require the breaching party to bear the liability for breach of contract requires paying the court, fees and time. If there is a balance payment (large balance payment), the seller thinks that the default income is less than the balance payment, and the buyer's default probability will be greatly reduced. Of course, how to keep the money and sign the sale agreement smoothly requires high negotiation skills of real estate agents or buyers.

4. When purchasing the relocated house, the signature of the seller's spouse is required.

In practice, relocated houses generally belong to the property acquired by husband and wife during the marriage relationship. According to relevant regulations, the property shall belong to one party, and the punishment of one party shall be recognized by the other party. Otherwise, there may be two legal consequences: first, the rise in house prices and the spouse's excuse for not agreeing to sell the house may have invalid legal consequences; Second, if the seller's husband and wife divorce before the transfer, it involves the division of property with * * * *. The above two situations can be basically prevented as long as the seller's spouse signs and supplemented with necessary clauses.

5. When buying the relocated house, please ask the first heir of the seller to sign it as much as possible.

Because the acquisition is uncertain, before the real estate license is obtained, if something happens to the seller, the relocated house may be divided by the heir as an inheritance. Therefore, the agreement on the sale of relocated houses should be signed by the first heir of the seller as far as possible to show the approval of the seller's sale and the abandonment of inheritance rights. Generally speaking, sequential heirs include spouses, parents and children. In practice, when asking the seller's first heir to sign, we must pay attention to the way and skills of speaking to avoid unpleasantness.