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

These two kinds of contracts were signed on different occasions. 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).

What basic contents must be included in the pre-sale contract of commercial housing?

1, the identity of the developer and the buyer, indicating the names and addresses of both parties, etc.

2. Basic information about pre-sale of commercial housing. Including location, location, land use right certificate number, land use right acquisition method, land use nature, construction project planning permit number, commercial housing pre-sale permit number, housing construction area, housing structure, housing completion delivery date and attached housing plan;

3. The area of pre-sale commercial housing. The area should be calculated in square meters, and indicate whether it is construction area, usable area or other area;

4. house price. Including unit price and total price, such as how many yuan per square meter. In China, there is no uniform stipulation on the actual payment amount and time limit of the pre-sale payment in the relevant clauses of the pre-seller, and the buyers should make it clear in the contract;

5. The delivery method and time limit of the house, and the exemption conditions for late delivery. Both parties can agree that due to some natural events (such as earthquakes, floods, etc. ), the delivery time limit of real estate development enterprises can be reasonably extended;

6. The nature of the house. Whether it is a residential house, a house or a production house or something else;

7. Liability for breach of contract. Including the responsibility that the buyer can't pay the price according to the contract and the responsibility that the pre-seller can't deliver the house on time, with good quality and quantity;

8, real estate ownership registration obligations;

9. Property management clauses;

10, dispute settlement. For example, choose litigation or arbitration;

1 1, other terms or terms agreed by the parties, such as down payment and loan method.

What are the precautions in the house pre-sale contract?

1. Confirm that the developer has obtained the pre-sale permit of commercial housing and other documents.

It depends on whether the developer has "five certificates", namely, real estate development certificate, state-owned land use certificate, project development permit, construction project planning permit and commercial housing sales (pre-sale) permit. In order to protect the basic rights of buyers, the state implements a licensing system for the pre-sale of commercial housing. A pre-sale contract without a pre-sale permit for commercial housing is an invalid contract, and the rights and obligations of the parties agreed in the invalid contract are not protected by law.

2. Agree on the handling method of mortgage.

The vast majority of developers' investment is not entirely their own funds. In order to raise construction funds, developers often set up land mortgages or mortgages for projects under construction, and mortgage commercial houses under construction to banks to obtain loans. The mortgagee enjoys the priority of compensation according to law. If the mortgage is not handled properly, once there is a dispute between the developer and the creditor, it is very likely that the purchaser will not get the property.

3, agreed housing delivery conditions and delayed delivery of the liability for breach of contract.

The model text of the pre-sale contract basically stipulates the delivery conditions of the house and guarantees the most basic rights and interests of the buyers. However, the existing model text content can not fully meet the needs of all buyers. The developer's responsibility for overdue delivery is mainly divided into two levels: liquidated damages, compensation and the buyer's right to terminate the contract.