Common sense of buying a house: does the subscription book have legal effect? Seek an answer

There is no legal concept of "subscription book" in existing laws and local regulations, and there is no legal requirement to sign a "subscription book" before buying a house. Therefore, signing a "subscription book" is not a necessary procedure for buying a house. Therefore, if possible, after the buyer determines the items to be purchased, it is best to sign the purchase contract directly without signing the subscription book. This can avoid being passive because of the agreement in the subscription book, especially the deposit problem, in the negotiation with the developer on the terms of the contract.

What kind of document does the subscription book belong to? What should I eat? Is it legally binding? In the practice of real estate transactions in this city, it is generally believed that the Subscription Book is a legal document with the nature of a letter of intent. The main contents include: 1, the main information of sellers, buyers, agents and other interested parties. 2. Real estate (building) subscription; 3. The price of the house; 4. payment method; 5. Subscription terms, etc. Moreover, the "subscription book" usually needs to be signed and sealed by both parties. With the above contents and forms, especially after the subscription book stipulates the specific rights and obligations of the buyer and the seller, generally speaking, the subscription book has certain binding force and corresponding legal effect. As long as its contents do not violate the legal provisions, the legal procedures of the buyer's shopping industry (real estate) are complete (five certificates are complete), and the subscription book generally has certain legal effect.

According to the above agreement, if the buyer fails to sign the contract at the time and place specified in the subscription book, it is a breach of contract by the buyer and the deposit will not be returned; If the seller resells the subscribed house to others within the time limit agreed in the subscription book without formally signing a contract, it is a breach of contract by the seller and the deposit should be returned in double. If one party modifies the conditions confirmed in the subscription book, such as price, room number and area, etc. If the contract cannot be signed when the contract is formally signed, it shall be regarded as a breach of contract. If the buyer breaches the contract, the deposit will not be refunded; If the seller breaches the contract, it shall double the deposit.

In practice, because the signing of the contract involves the negotiation of many terms, the two sides cannot reach an agreement on some terms, which leads to the failure to sign the contract. In this case, some developers often refuse to return the buyer's deposit on the grounds that the buyer refuses to sign the contract. What should I do if this happens? Lawyers pointed out that "the Supreme People's Court's application