Can electronic contracts be used in real estate? How?

Real estate enterprises can use electronic contracts.

1, legal aspects

Before the revision of 20 19 electronic signature law, it was stipulated that electronic contracts could not be used in four situations: (1) personal relationships such as marriage, adoption and inheritance were involved; (two) involving the cessation of water supply, heating, gas supply and other public utilities services; (3) Other circumstances in which electronic documents are not applicable as stipulated by laws and administrative regulations; (four) involving the transfer of real estate rights such as land and houses.

2065438+On April 23, 2009, the NPC Standing Committee amended the Electronic Signature Law of People's Republic of China (PRC), deleting the situation that electronic contracts cannot be used "involving the transfer of rights and interests of real estate such as land and houses". In other words, the revision of the electronic signature law provides a legal basis for electronic contracts to enter the real estate transaction field.

2. Industry demand

In the digital age, real estate enterprises pay more attention to efficiency, safety, customer experience and legal compliance, while electronic contracts can solve the problems of information asymmetry, legal risks of contracts, low signing efficiency, low user experience and high signing cost of real estate enterprises. Digitization of contract is a key step in the transformation of real estate enterprises. Electronic contract can not only reduce costs and increase efficiency, but also realize efficient and refined management of enterprises, which shows obvious advantages in risk prevention.

3. Contract management

Real estate enterprises are large in scale, wide in coverage and complex in business chain, involving a variety of business types, such as housing development, management, leasing, decoration, construction, finance and transfer. Therefore, there are many kinds of contract documents, strict management requirements and high requirements for information confidentiality. This has brought the trouble of contract management to real estate enterprises:

(1) The signing efficiency is low and the cost is high: the business process is long and there are many departments. From investment to sales and real estate, the contracts and documents involved are huge, and the offline signing period of paper contracts is long and inefficient, and it also requires huge costs such as printing, express delivery and management.

(2) Traditional seals are difficult to manage: there are many stamped documents, especially cross-regional documents that are frequently circulated and stamped, and the use of seals is grouped and organized, and the authority management is complex, and the stamping period of massive contracts is long and uncontrollable.

(3) Difficult management of massive contracts: the production, management and review of a large number of contract templates are extremely heavy, and manual review is inefficient and error-prone. However, the classification, filing and storage after the contract is signed is also a great challenge to the legal department of the enterprise.

(IV) High legal risks of contracts: paper contracts are prone to hidden dangers such as modern signatures and "radish stamps", contracts involving suppliers are prone to disputes, and contracts and change orders are often not found. Once a dispute arises, it is difficult to prove it.

Step 4: Solution

As an important chain running through various economic activities of enterprises, contract electronization can escort the development of real estate enterprises. In view of the difficulties in contract management of real estate enterprises, contract signing with confidence can provide professional solutions for real estate enterprises:

(1) Electronic contract signing takes 1 minute, which is more efficient and lower in cost.

Compared with traditional paper contracts, electronic contracts can be signed online in 1 minute, which shortens the signing cycle and greatly reduces the comprehensive signing costs (printing, mailing, warehousing and other costs). Especially in the case of signing contracts in different places, housing enterprises no longer need to experience the pain of express delivery and other contracts.

(2) The electronic seal and the physical seal are managed synchronously, and the seal management is safer.

Aiming at the seal management problem of real estate enterprises, Reliance Sign provides a complete seal management scheme of electronic seal management and entity seal management, and supports the synchronous management of electronic seal and entity seal. Solve the time and regional restrictions of contract management of real estate enterprises, and ensure the efficient and compliant use of real estate enterprise seals.

(C) Intelligent contract management to solve management problems

Intelligent contract management system includes contract template, contract drafting, contract approval, contract signing, contract performance and other functions. Focus on the whole life cycle management of enterprise contracts, help the legal affairs of real estate enterprises to control every link of contracts more accurately, and improve enterprise risk prevention. At the same time, signed electronic contracts are stored in the cloud, and operations such as classification, filing, search and downloading can be solved online in one stop, helping real estate enterprises to easily manage massive contracts.

(d) Improve legal services and effectively resolve disputes.

Compared with paper contracts, electronic contracts adopt real-name authentication, which ensures the true identity of the signer and avoids the risks of contract signing and "radish stamp". In case of contract disputes, signing with confidence can provide legal services such as evidence preservation and judicial expertise for real estate enterprises, provide a complete chain of evidence for real estate enterprises, and solve contract disputes quickly and efficiently.

5. Application scenarios of electronic contracts in real estate enterprises

(1) Electronic signature realizes online signing of relevant documents and evidence preservation in pre-investment business of real estate enterprises. If there is a performance risk, you can quickly file it online.

(2) After the integration with the business system of real estate enterprises, the electronic signature of receipts and subscription books is realized in the sales subscription and subscription links, which greatly improves the efficiency of case work and reduces the risk of errors.

(3) Through the integration with OA, procurement and bidding systems of real estate enterprises, online circulation and electronic signing of bidding documents, bid-winning notices, tenders and contracts can be realized without printing and stamping.

(4) Connect with the follow-up investment system of real estate enterprises, realize the follow-up online viewing, contract signing and electronic agreement archiving of the project, and reduce the mailing and management costs.

(5) HR can electronically sign the labor contracts and related documents related to employees' entry, job transfer, job transfer and resignation, and support the functions of initiating, signing and managing batch contracts.