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How long does it usually take for the online sign to pass the examination and approval?
I. Online signing process
1. The two parties to the transaction negotiate and formulate relevant terms according to the text of the commercial housing deposit agreement or the sales contract published online.
2. Real estate development enterprises print the agreement or contract confirmed by both parties through the online signing system.
3. Signature (seal) of both parties.
4. Indicate on the electronic title certificate that the commodity house has been booked or signed.
The purchase contract that is not signed online is true and effective as long as it is the true meaning of both parties. Signing a house purchase contract without online signing is a risk of "selling more in one room".
Second, what are the functions of online signing?
1. After online signing, the owner's qualification will be more credible and the source information will be more reliable. Finding a house in the future may be more convenient and faster, and the transaction process will be clearer.
2. After the transaction process is fully informatized, the delivery time of transactions between buyers and sellers can be shortened. In the whole process of online signing, citizens can also learn about the handling process of second-hand housing transactions through online real-time inquiry.
3. After online signing, the trade fair will be more transparent. In the past, the phenomenon that brokerage companies used the information asymmetry between customers and owners to eat the price difference will be completely eliminated, and the rights and interests of both parties will be more guaranteed.
4. After the online signing, it is more conducive to the supervision of the second-hand housing market by government departments. The government will have the most authentic market information and provide more powerful data support for the higher authorities to monitor the market and introduce various market policies.
5. The funds in the transaction process will be more secure, and how to ensure the security of the past transaction funds is a major concern for both buyers and sellers. The proposed fund supervision scheme will provide a platform to reassure buyers and sellers, and can ensure the safety of funds in the transaction process to the maximum extent.
3. Is the filing contract the same as the purchase contract?
The sales contract is a sales contract, and the record contract only records the sales contract and other matters, and only has the effect of record registration. The two are different. And the online signing automatically generates the contract number of the house purchase contract, and the record number of the contract is determined according to the time when the deed tax is paid.
1. A filing contract is different from a purchase contract. The online signing contract refers to the contract filed in the Construction Committee. Formal contract refers to the purchase contract signed by the buyer and the seller. The transaction price of the two contracts is different.
2. The house purchase contract is an agreement reached between the buyer and the real estate development enterprise on the basis of equality, voluntariness and consensus according to the Law of People's Republic of China (PRC) Municipality on Urban Real Estate Management and other relevant laws and regulations.
Signing a contract online is because it is impossible to directly identify the contract in person or for convenience.
3. There is a big difference between the online signing contract and the purchase contract. Please be careful. The online signing contract is filed directly on the Internet, and it also needs to be signed in writing, but the contract text is obtained directly from the Internet, and each page has a record watermark. The online signing of the general house sales contract can show that the developer's qualifications and procedures are complete, and you will be very smooth when handling the deed and real estate license. Pure written contracts also have to go through filing procedures. Generally, developers with complete procedures will sign online filing contracts with property buyers. If it is signed and not filed, it is likely that the developer's procedures are incomplete and it is temporarily impossible to file. In this case, property buyers should be cautious, because it is a problem to file contracts in the future, and it is even more problematic to handle housing-related procedures. Some people have even lived in new houses for many years and cannot apply for real estate licenses.
4. What are the misunderstandings in handling the title certificate?
Whether buying a new house or a second-hand house, you must apply for a property certificate. Only after obtaining the title certificate can people have the right to control the house. However, many people have always had misunderstandings in handling property right certificates.
1. After the loan is paid off, the mortgage cancellation registration is not handled at the registration institution in time.
In today's society, mortgage loan, as a financing channel, is becoming more and more common in people's daily life and work. When handling loans, financial institutions and property owners will go to the registration agency for mortgage registration. However, in real life, few people will go to the housing registration agency to handle the mortgage cancellation registration in time. Remind everyone that after the loan is paid off, the mortgage cancellation registration must be handled. Don't think that it won't be handled without affecting the residence.
2. Houses that have been clearly owned after divorce do not apply for registration.
The property acquired by husband and wife after marriage, although registered in the name of one party, belongs to the husband and wife, so after divorce, property analysis and registration should be handled according to the division agreement. In this way, when the house is transferred, mortgaged or moved, it will not get into trouble because the house ownership certificate has not been changed in time and the other party cannot be found after divorce. Similarly, this often happens when houses are inherited. After the death of the original obligee, the successor fails to register the inheritance in time. Many years later, the successor may have changed, and re-registration is particularly troublesome.
3, after buying a house, not registering property rights saves tax money.
For a long time, there are always property buyers who, in order to save taxes, temporarily refuse to apply for housing property certificates after signing commercial housing sales contracts and buying houses. Some people think that after the contract is signed, even if there is no property right certificate, it will not affect the occupancy, and the cost of property right registration is higher. It should be noted that if the property right certificate is not handled, the effect of property right transfer will not occur. To apply for the title certificate, both the buyer and the seller need to apply at the same time. If the delay is too long, there may be the possibility that the development enterprise will be cancelled, which may easily lead to problems left over from history. Therefore, in order to protect the safety of their own property, it is suggested that everyone register their property rights as soon as possible.
4. Do not sign a formal commercial housing sales contract to pay the down payment.
To sign a formal commercial housing sales contract, buyers and development enterprises need to log in to the online signing system. Once the contract is signed online, it will be filed immediately after submission. Mortgage, seizure, super-built houses, property houses and other houses with restricted sales cannot be signed online for the record. It can be said that online signing is the only magic weapon to protect the rights and interests of buyers. However, in real life, frequent buyers do not take the initiative to sign a formal "commercial housing sales contract", that is, online signing for the record, so that problems often occur. Investigate its reason, basically be credulous the commitment of development enterprise or covet cheap. I hereby solemnly remind property buyers that buying a house is a very cautious thing. Keep your eyes open before you pay, ask more questions and check more.
Don't buy a house with special purpose without authorization.
It is difficult for property buyers to register their property rights when they buy special houses such as boiler rooms, substations and public welfare houses through debt repayment or auction, because such houses have special purposes and serve specific buildings or areas, and they are not allowed to change their uses at will. Moreover, public housing is allocated land, and individuals generally cannot obtain the right to use allocated land. Our city implements the integrated registration of land and houses. In this case, you should go through the transfer procedures of land transfer warrants before you can register your house. In addition, the transfer of public welfare housing with supporting services may damage the rights and interests of service groups and lead to group petitions or lawsuits. Therefore, remind property buyers not to buy the above-mentioned types of houses.
Legal basis;
People's Republic of China (PRC) Civil Code
Article 490 Where the parties conclude a contract in the form of a contract, the contract is formed when the parties sign, seal or fingerprint it. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.
A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.
Article 491 The parties entered into a contract in the form of data messages. It is also required to sign a confirmation letter, and the contract is established when the confirmation letter is signed.
If the information of a commodity or service released by one party through information networks such as the Internet meets the conditions of the offer, the contract is established when the other party successfully selects the commodity or service and submits the order, unless otherwise agreed by the parties.
Measures for the administration of pre-sale of urban commercial housing
Tenth commercial housing pre-sale, the development enterprise shall sign a pre-sale contract with the winning bidder. The development enterprise shall, within 30 days from the date of signing the contract, go to the real estate management department and the land management department of the people's government of the city or county to handle the registration and filing procedures for the pre-sale contract of commercial housing. Real estate management departments should actively apply network information technology and gradually implement online registration and filing of commercial housing pre-sale contracts. Commercial housing pre-sale contract registration procedures can be entrusted to an agent. If an agent is entrusted, there shall be a written power of attorney.
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