Civil complaints about disputes over housing sales contracts? How to sign the house sales contract?

Many people have worked hard all their lives, hoping to buy a house in the city, take root and let themselves have a stable life, instead of always feeling that life is not practical. However, in the process of buying and selling houses, many people need to pay attention to things that many people don't know. Today, let's talk about the civil complaint of housing sales contract disputes. How to sign the house sales contract?

First, the housing sales contract dispute civil complaint

Plaintiff: name, gender, date of birth, nationality, education level, native place, work unit, address, ID number and telephone number;

Defendant: name, gender, date of birth, nationality, education level, native place, work unit, address, ID number and telephone number;

Litigation request:

1. Request your court to order the defendant to continue to perform the contract, and order the defendant to unconditionally deliver the plaintiff's house to legal proceedings.

2. Request your court to order the defendant to pay the plaintiff the interest on the bank loan for the same period due to the delayed repossession of the house, with the penalty of RMB/day, which is overdue for 7 months (from June 2007 10 to June 2008 10) (calculated according to the bank loan interest rate for the same period).

The plaintiff demanded to increase the amount of liquidated damages on the grounds that the agreed liquidated damages were lower than the losses caused. It is required to pay compensation to the plaintiff according to 22 yuan/month/square meter building, * * * RMB (in words:).

4. Request your court to order the defendant to compensate the plaintiff for the loss of RMB caused by the delay in delivery of the house. (According to the current bank interest rate).

5. Request your court to order that all relevant expenses of this case, including legal fees, shall be borne by the defendant.

6. Facts and reasons:

The plaintiff and the defendant are parties to the commercial housing sales contract. The plaintiff signed the Commercial House Sales Contract with the defendant on, 2000, and the plaintiff purchased a set of commercial houses developed by the defendant at the entrance of Lianhua Garden Building on the east side of the southern end of Xianyang Road in Hongqiao District. The rights and obligations between the original defendant and the defendant are stipulated in detail in the contract. The plaintiff paid the down payment of RMB on, 2000, the loan of RMB to the defendant's account on, 2000, and the total house price of RMB to the defendant's designated account.

The plaintiff fulfilled the payment obligation as the buyer in accordance with the contract. According to Article 3 of the Contract, the commodity house shall be accepted and delivered before June 365438+10, 2007. However, the defendant failed to legally obtain the Permit for Delivery and Use of Residential Commercial Housing in accordance with the Regulations on the Administration of Commercial Housing in Tianjin, which led to the plaintiff's legal occupancy until June 2008. The defendant's behavior constitutes a serious breach of contract and maliciously defaults on compensation. According to Paragraph 1 of Article 5 of this Contract, Party A shall pay the paid interest to Party B, and the interest shall be calculated at the bank loan interest rate for the same period from the date when Party A delivers the commercial house as agreed in this Contract to the date when the commercial house is actually delivered.

According to Article 16 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts, if the parties request an increase on the grounds that the agreed liquidated damages are lower than the losses caused, the amount of liquidated damages shall be determined according to the losses caused by breach of contract; Article 17 Compensation standard for losses: If the house is delivered for use after the deadline, it shall be determined according to the rent standard for similar houses in the same lot published by the relevant competent authorities or assessed by qualified real estate appraisal agencies during the overdue delivery period. According to the Notice of Tianjin Municipal Bureau of Land Resources and Housing Management on Issuing the Guiding Rent in the Housing Leasing Market in 2008, the rent of residential houses in Hongqiao District was guided from June to May, 2008, and the amount of liquidated damages was required to be increased on this basis. The liquidated damages from June 3, 2007 to June 3, 2008 are RMB.

I am here to convey

People's court

Shaping people:

Date, year and month

Second, how to sign a house sales contract

1, terms related to housing area

Property buyers are required to specify the construction area, the composition of the interior construction area, the specific number of square meters, and the ratio of the interior construction area to the interior construction area in this clause when signing the contract for purchasing existing houses; When buying pre-sale houses, we should also pay attention to the error between the temporary measured area and the measured area.

In addition, the building number and room number of the purchased building, the location diagram of the unit in the whole building, and the floor plan of the unit should also be stated in the contract or as an annex.

2. Terms of price, fee and payment amount

The price terms should be clear, and developers should be bound by detailed projects not to increase prices at will, and not to include other unreasonable expenses. In the terms of payment method, the payment method should be clear and detailed, such as the time and amount of down payment, the steps, time and amount of installment payment, etc.

3. About Force Majeure

In terms of liability for breach of contract in general real estate sales contracts, the seller shall not be liable for the overdue delivery of the house due to force majeure. This statement. The seller cannot attribute the developer's own faults, such as inaccurate judgment on the market, investment mistakes, careless modification of project design, etc., to force majeure, nor can he attribute the seasonal influence, superior behavior, government behavior and other factors that should have been foreseen but not foreseen to force majeure, thus exempting himself from the liability for breach of contract.

Therefore, when signing a contract, we should pay special attention to how force majeure is defined in the contract.

4, the terms of the housing quality.

Property buyers must write down the quality requirements in detail when signing the contract. Such as: decoration standards and grades of bedrooms, kitchens and bathrooms; List and grade of building materials; List of indoor equipment; Water, electricity, gas and pipelines are unobstructed; Defects in doors, windows and furniture; Quality requirements such as seismic grade of buildings should be involved. The contract can also stipulate the shelf life of the house and the storage period of the ancillary equipment.

5. After-sale property management clauses

This is the content that buyers tend to ignore when signing contracts. For property management, buyers can still grasp it from the following aspects, such as: the right of owners to choose property management companies; Owners have the right to decide the way of property management; The scope of duties of the property management company; Property management fee standards, etc. Ensure that the services such as water, electricity, gas supply, security, house maintenance, public facilities, postal services and communication are in place after the purchaser moves in, and collect property management fees according to regulations.

If there is a house sales contract dispute, everyone must seek legal protection, solve the problem by legal means, and never take excessive actions, which can only harm others and themselves. The format of the above civil complaint for disputes over house sales contracts and the specific contents of how to sign the house sales contracts are introduced to you. I hope you can have a good look, which may be of great help to you in the future.