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Is the residential garage sales contract valid? Who can give an authoritative answer?
Party B (Buyer) ID number
On the basis of equality, voluntariness and consensus, Party A and Party B have reached the following agreement on the purchase and sale of the garage:
1. Party A voluntarily sells its garage atNo.. Building xx, Building xx, Community xx (building area square meters) to Party B. ..
2. Party A and Party B agree that the garage price is RMB only, and Party B shall pay the full amount in one lump sum on the date of signing this agreement.
Three. Party A shall deliver the garage to Party B for use on the date of signing this Agreement.
Four. Party B shall enjoy the ownership of the garage after purchasing it. Everything that happened before the signing date of this agreement is still the responsibility of Party A, and has nothing to do with Party B; Everything that happens after the signing of this agreement is the responsibility of Party B, which has nothing to do with Party A. However, everything that happens with the mortgage loan of real estate license is still the responsibility of Party A, which has nothing to do with Party B. ..
5. Since there is no separate property right certificate in the garage, if Party B needs Party A's assistance in handling relevant property right certificates in the future, Party A shall inform Party B in time and provide relevant assistance.
6. Both Party A and Party B shall abide by this Agreement and shall not breach it. In case of breach of contract, the breaching party shall compensate the observant party for all economic losses.
7. This agreement is made in duplicate, which shall come into effect after being signed by both parties, and each party holds one copy, with the same legal effect.
Signature of Party A and signature of Party B.
Signature of reference
Date, year and month
Matters needing attention in purchasing garage
1. Insiders pointed out that the only criterion for measuring whether parking spaces and garages can be sold is whether they can apply for real estate licenses. If the purchased parking space and garage can't handle the property right certificate, it means that the parking space and garage can't be sold.
Second, the longest validity period of the leased parking space and garage is only 20 years. According to Article 2 14 of the Contract Law: "The lease term shall not exceed 20 years. For more than 20 years, the excess is invalid. "
3. According to the current laws and regulations on residential planning, the land used in residential areas, parking spaces and garages included in the pool area belong to all owners of residential areas, and supporting facilities such as civil air defense projects are also prohibited from being sold, and developers or property companies have no right to sell them;
Fourth, you can't use provident fund loans to buy a parking space. You can't use provident fund loans to buy parking spaces and garages. The relevant staff of the bank explained that according to the national Regulations on the Management of Housing Provident Fund, housing provident fund is a long-term housing deposit paid by units and employees, which is applicable to employees' purchase, construction, renovation, overhaul and decoration (new construction) of self-occupied housing, and no unit or individual may use it for other purposes. Therefore, under the current laws and regulations, provident fund loans cannot be used to buy things other than self-housing, and of course they cannot be used to buy garages;
Five, the industry pointed out that in order to avoid unnecessary disputes, property buyers had better write parking details into the contract. If the buyer signs a pre-sale contract and the parking space is purchased together with the house, the buyer and the developer shall clearly agree on the parking space scope, parking space number, pre-sale area, pre-sale price and other contents. In the supplementary terms of the pre-sale contract, and it is best to have a plan. If the buyer buys a house before buying a parking space, he can sign a contract with the developer separately, and write down the above details, and the contract will be filed separately.
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