I bought a house with a square meter of 137, paid a down payment of 1 10,000, a down payment of 260,000, and a sales contract of * * * 270,000, but I didn't sign a sales contract, only a receipt. Now

I bought a house with a square meter of 137, paid a down payment of 1 10,000, a down payment of 260,000, and a sales contract of * * * 270,000, but I didn't sign a sales contract, only a receipt. Now I am told that the area of the house is A house sale contract is a contract in which one party transfers the ownership of the house to another party and the other party pays the price. The party that transfers ownership is the seller or the seller, and the party that pays the price to obtain ownership is the buyer or the buyer.

Edit this paragraph II. Format of house sales contract

The subject matter of the house sales contract is relatively large and important, and the law stipulates that it should be concluded in writing. Article 40 of the Urban Real Estate Management Law stipulates that "a written transfer contract shall be signed for the transfer of real estate". Article 28 of the Regulations on the Development and Management of Urban Real Estate stipulates: "In the sale of commercial housing, both parties shall sign a written contract. ..... "The above provisions are the legal basis for determining that the house sales contract should be in written form. According to the provisions of laws and relevant judicial interpretations, the written forms of housing sales contracts should include the following types: (1) Formal housing sales contracts are the basic types of written forms of housing sales contracts, which generally include terms such as housing location, structure, construction area, price and payment term, delivery term, quality standard, and property right transfer registration. Although laws and regulations do not stipulate that buyers and sellers must adopt a unified text of the house sales contract, when handling the registration of property rights transfer, the house property registration authority often requires the use of the standardized contract text formulated by the competent construction department, otherwise it will not be registered. However, it does not affect the establishment and effectiveness of written housing sales contracts, because there is no unified contract text. In practice, when buying and selling commercial housing, it is required to use the format text uniformly produced by the competent construction department. However, before signing the formal contract text, the developer usually provides the subscription book, appointment agreement and other appointment contract texts for the buyers to sign, some of which have the nature of this contract and are equivalent to the house sales contract. There is no uniform requirement for the format of the second-hand housing sales contract. Generally, buyers and sellers will draft a house sales contract based on consensus, which will take effect after being signed and sealed by both parties and will be performed accordingly. The standard contract filled in by the property right registration authority will only serve as the registration document. (II) Appointment Contract with Specific Conditions Article 5 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 (hereinafter referred to as the Judicial Interpretation of Commercial Housing Sales) stipulates: "The agreement on the subscription, ordering and reservation of commercial housing has the main contents of the commercial housing sales contract stipulated in Article 16. If the seller accepts the purchase price as agreed, the agreement shall be deemed as a commercial housing sales contract." According to the view of the First People's Court of the Supreme Court, the agreement on the subscription, ordering and booking of commercial housing is an appointment contract signed before the developer obtains the approval procedures for project establishment, planning and construction application and obtains the commercial housing sales license (in fact, the signing of the appointment contract is not limited to this period). In order to ensure the transaction safety, protect the owner's rights and interests, and promote the signing of the contract, it is stipulated that an appointment contract with the actual performance conditions of the contract is regarded as this contract. The author believes that this provision of judicial interpretation, although well-intentioned, has a general effect and is easy to mislead. First of all, there are as many as 13 items in the commercial housing sales contract stipulated in Article 16 of the Measures for the Administration of Commercial Housing Sales, while reservation contracts such as subscription books are standard contracts drawn up by developers, with few items of 13, so it is rare for buyers to protect their rights and interests according to this Article. Secondly, the basis for determining the nature of the contract is the content of the contract, not the name of the contract. If an appointment contract has the main contents of a commercial housing sales contract, it shall be recognized as a commercial housing sales contract and no longer has the nature of an appointment. Third, "the seller has accepted the payment as agreed" means that the sales contract has actually been fulfilled. Even if the appointment contract does not fully conform to the main contents of the commercial housing sales contract stipulated in Article 16 of the Measures for the Administration of Commercial Housing Sales, as long as the subject matter is clear and the price is determined, according to the relevant provisions of the Contract Law, it can be completely concluded that the housing sales contract between the two parties is established. If the machinery applies the provisions of the judicial interpretation, it will be concluded that the house sales contract should be established according to the Contract Law, but it cannot be established according to the judicial interpretation. (3) Other written forms of the house sales contract. Article 1 1 of the Contract Law stipulates: "Written form refers to forms that can tangibly express the content, such as contracts, letters, data messages (including telegrams, telex, faxes, electronic data exchange and emails)." According to the third paragraph of Article 3 of the Electronic Signature Law, "electronic signatures and data messages" are not applicable to documents "involving the transfer of real estate rights such as land and houses". Undoubtedly, the housing sales contract in the form of "data message" is excluded. Letters and other materials that record the intention of buying and selling houses in a tangible way between the two parties shall be recognized as other written contracts for buying and selling houses. In some cases, without a written contract, it is impossible to recognize the existence of an oral contract. The buyer claims that the house sales contract is established by the receipt or invoice of the house purchase price held by him. At this time, the receipt or invoice of the purchase price held by the buyer is not only a written contract form, but also evidence of the actual performance of the contract. If the location of the house specified in the receipt or invoice is specific and the house price is clear, it is deemed that the purchase contract between the two parties is established. The author believes that the existing written evidence must be able to prove three facts when other written forms of housing sales contracts are established: the expression of the meaning of housing sales, the specific location and price of housing.

Edit paragraph 3. What are the main terms of the house sales contract?

Housing sales contract refers to the agreement signed by the buyer and the seller on the basis of equal consultation. The house sales contract shall include the following main clauses: 1. Both parties to the contract. Names, addresses, postal codes and telephone numbers of the buyer and the seller. If there is an entrusted agent, it also includes the name, address, postal code and contact telephone number of the entrusted agent. 2. goals. The subject matter is the object to which the rights and obligations of both parties to the contract point. In the house sales contract, the target is the house. This mainly includes the following contents: the location of the house; The area of buying and selling houses should indicate the actual construction area and the shared public construction area respectively; Whether the house is an existing house or an auction house; Housing supporting facilities and maintenance standards. 3. The price of the house and the time of payment. Generally, newly-built commercial houses and pre-sold commercial houses calculate the house price according to the building area of the houses bought and sold, that is, the price per square meter of building area is agreed, and then the unit price is multiplied by the building area to calculate the price that the house needs to pay. The sale of old houses sometimes directly stipulates the price to be paid for each house or house. Generally speaking, a payment schedule should be listed in the contract, and the buyer will pay the seller the required price for each installment according to this schedule. 4. Delivery cycle. The seller shall deliver the house to the buyer before a certain date. The buyer shall, from the date of actual acceptance of the house, register the ownership with the real estate property registration authority within the time limit specified by the real estate property registration authority, and the seller shall provide necessary assistance. Or the seller can do the above work on behalf of the buyer. Deliver the house ownership certificate (the owner is the buyer) to the buyer at the same time or after a period of time, and the relevant expenses shall be paid by the buyer. 5. Rights protection. The seller guarantees that there are no property rights disputes and financial disputes when the house is delivered, and the mortgage originally set by the seller has been settled when the house is delivered. After the delivery of the house, the seller shall bear all the responsibilities for the existing rights disputes before the delivery of the house. 6. Liability for breach of contract. The liability for breach of contract is the legal responsibility of the party who violates the contract. The stipulation of liability for breach of contract plays a very important role in urging the parties to perform the contract consciously and properly, protecting the legitimate rights and interests of non-breaching parties, maintaining the legal effect of the contract, and avoiding mutual disputes in the future. It should be clearly stipulated in the contract that the buyer should bear the liability for breach of contract if he fails to pay the house price on time, and the seller should bear the liability for breach of contract if he fails to deliver the house on time, and the house delivered by the seller does not meet the contract. 7. Other matters that both parties to the contract think should be agreed. Such as housing warranty responsibility, property management, community public facilities, etc.

Edit the third paragraph. House transfer procedures and fees

Real estate buyers and sellers shall sign real estate sales contracts. The text of the contract can be a model text formulated by the Housing and Land Administration Bureau or a self-made contract. If a self-made contract is adopted, the parties concerned shall entrust a legal service institution recognized by the Municipal Real Estate Bureau to conduct pre-trial before applying for transfer, and the legal service institution shall put forward pre-qualified opinions on the self-made contract that meets the requirements. The following registration procedures and fees are for your reference. Specific procedures and rates [1] are determined according to local policies and regulations. To apply for registration of house ownership transfer, the following materials shall be submitted: (1) an application for registration; (2) the identity certificate of the applicant; (three) all of the housing or real estate ownership certificate; (four) materials to prove the transfer of ownership of the house; (5) Other necessary materials. The materials mentioned in Item (4) of the preceding paragraph may be sales contracts, exchange contracts, gift contracts, bequests, inheritance certificates, division agreements, merger agreements, legal documents that come into effect by the people's courts or arbitration committees, or other materials that prove the transfer of house ownership. After accepting the transfer application, the city, district and county real estate transaction management institutions shall examine the transfer application materials provided by the buyer and the seller, and the contents of the examination shall be: 1. Whether the materials provided by the parties are legal and valid; Two, the contents of the application form and the materials provided are consistent and correct; Three, the real estate ownership is clear, there is no ownership dispute or other unclear phenomenon, whether it belongs to the "real estate transfer measures" provisions shall not be transferred; 4. Whether the transferee can transfer the real estate according to the regulations; 5. Whether the purchased real estate has been mortgaged; Six, the sale of leased real estate, whether the lessee gives up the preemptive right; Seven, the sale of real estate owned by * * *, * * whether someone gave up the preemptive right; Eight, the real estate transaction management institutions that other contents should be audited. If the buyer and the seller are not satisfied with the decision made by the municipal, district and county real estate transaction management agencies not to transfer the ownership, they may apply to the Municipal Real Estate Bureau for administrative reconsideration or bring a lawsuit directly to the people's court. There are the following fees for property transfer, which may vary from place to place: 1, deed tax: ordinary residence: appraisal price *1.5%; Non-ordinary residence: appraised price *3% 2. Personal income adjustment tax: (evaluation price-original purchase price) *20% 3. Business tax: if the house has been purchased for less than two years, the appraisal price will be * 5.55%; Purchase of non-ordinary housing for more than two years: (evaluation price-original purchase price) * 5.55%; Ordinary housing purchased for more than two years is free of charge. 4. Transaction cost of real estate: construction area *6 yuan/m2 5. Stamp duty: appraisal price *0. 1% 6. Property ownership certificate fee: 85 yuan 7. Land certificate fee: 105 yuan 8. Transaction evaluation fee: evaluation price *0.3%.

Edit the fourth paragraph. Special legal provisions on housing sales contracts

1. The house sales contract needs to be in written form, and the buyer and the seller need to agree on the location, area and price of the house in written form. 2. The ownership of the sale of urban housing must be registered by the housing registration authority before it can be transferred. If there is no registration, even if it is delivered, the transfer of rights will not happen. 3. When the house owned by * * * is sold or leased, other * * * owners or lessees shall enjoy the preemptive right under the same conditions. Both parties shall conclude the contract on the principle of voluntariness, fairness, honesty and credibility, and neither party shall impose its will on the other. In order to embody the principle of voluntariness of both parties, blank lines are left after the relevant clauses in this contract text for both parties to make their own agreements or supplementary agreements. After the contract comes into effect, the unmodified printed text or printed words shall be regarded as the contents agreed by both parties. 5. The text of this contract is a model text used by the buyer and the seller in their own transactions. Where the transaction settlement funds are transferred through a real estate brokerage agency or a transaction guarantee agency with a "special account", the Agreement on Transfer of Transaction Settlement Funds for Stocking Houses signed shall be an annex to this Contract. 6. The main taxes and fees involved in the transfer registration of existing houses include but are not limited to: deed tax, stamp duty, land transfer fee (purchased public houses), comprehensive land price (affordable housing), business tax and surcharges, income tax, land value-added tax, etc. 7. If both parties choose to apply for arbitration to resolve disputes, they may apply to Beijing Arbitration Commission, China International Economic and Trade Arbitration Commission or other full-name arbitration commissions. 8. Both parties can decide the number of originals of this contract according to the actual situation, and carefully check when signing the contract to ensure the consistency of each contract.