Job Recruitment Website - Property management company - The purchased house has been handed over, but all the purchase contracts were lost before the house was closed. What should I do? urgent

The purchased house has been handed over, but all the purchase contracts were lost before the house was closed. What should I do? urgent

If you find that the purchase contract is lost, you must find a developer to reissue it. This is the only way, otherwise the certificate will not be used. The purchased items can be reported to the real estate bureau for the record, and the address and contact information of the developer can be found in the system. As long as it is a regular project, developers can be found.

If the buyer purchases the house by stages and the purchase contract is lost, it should be reissued by stages, and the specific situation should be remedied.

First, before the pre-sale registration of the purchase contract, if the buyer's contract is lost, it is only necessary to void the remaining contract and re-sign the contract with the developer. What the buyer needs to pay is the cost of a contract.

Second, before the pre-sale registration of the house purchase contract is completed and the bank mortgage begins, if the house purchase contract is lost, the measures taken are to publish a message declaring the contract invalid in the newspaper, take the newspaper to the pre-sale registration authority to apply for cancellation of the signed contract, and then re-sign the contract with the developer before the pre-sale registration. During this period, the buyer needs to pay the cost of publishing the statement, the contract fee and the stamp duty of the new contract.

3. After the pre-sale registration of the house purchase contract has been completed and the bank mortgage has been completed, if the buyer loses the contract, in addition to the formalities handled in the second case, the buyer has to sign a change agreement with the bank that handles the loan and put the new contract into the bank pledge, because the original house purchase contract has been cancelled and replaced by a new contract, that is to say, the contract number of the house purchase contract in the loan contract signed by the buyer and the bank has changed.

Although the content of the house purchase contract has not changed, according to the provisions of the Civil Code, the loan contract has changed and it is necessary to sign a change agreement with the bank. During this period, the fees that buyers need to pay are basically the same as in the second case.

The main contents of the purchase contract include the following aspects:

1. Party A's land use basis and commodity house status, including location, area, existing house, delivery, etc.

2. House prices, including taxes and fees, handling of area differences, and special agreements on price and fee adjustment;

3 payment agreement, including preferential terms, payment time, payment amount, liability for breach of contract, etc.

4. Delivery agreement, including time limit, liability for overdue breach of contract, design change agreement, house handover, liability of the defaulting party, etc.

5, quality standards, including decoration, equipment standards, commitment and liability for breach of contract, infrastructure, public * * * supporting the normal operation of the building commitment, quality dispute handling, etc. ;

6, property registration and property management agreement;

7. Warranty responsibility;

8. Party B's right to use;

9. A dispute arbitration institution recognized by both parties;

10, liability for breach of contract;

1 1, other related matters and accessories, including house plan, decoration, equipment standards, etc.

When signing the above terms, buyers need to pay special attention to the following basic issues:

1, the content of the house purchase contract should be as comprehensive and detailed as possible, and the terms should avoid conflicts, especially with national policies and regulations; Written expression should be clear and accurate.

The identities and responsibilities of the buyers and sellers who sign the contract should be clear. For example, Party A (the seller) in the contract should not be an agent or lawyer, but should be the investment and construction unit of the project approval document, and should not sign the contract in the name of the superior competent unit or the subordinate institution. The signatory shall be the legal representative himself or the principal responsible person authorized by the Articles of Association.

2. The project name on the contract must be associated with the project location to avoid future differences. When indicating the project location, it must be specific and clear, such as: building ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××

The apartment type and area of the house must be clearly marked, and the principle of sharing the building area, usable area and public area should be clearly stated. If it is priced according to the construction area, it should also indicate the utilization rate.

3. The grade and decoration standard of the house are generally attached to the purchase contract in the form of attachments, and the expression of this content must be detailed and specific. Such as technology level, material brand, internal facilities type, load standard, supply capacity and so on. To what extent should facilities such as water, heating, electricity and communication be specific?

4. Others, such as payment methods and property rights guarantees, should be explained in detail. At the same time, the contract must determine the method of the property management unit or the specific property management unit and the charging standard of the property, and clearly stipulate the warranty period of the overall structure of the house, supporting facilities and its components in various parts.

5. The agreement on the liability for breach of contract must be equal, otherwise the ultimate loss is the consumer. Usually, the default items that bear the liability for breach of contract include:

(1) After signing the subscription book, the buyer refuses to buy a house or asks for a house change, and the developer refuses to sell a house or asks for a house change;

(2) The buyers failed to pay on time;

(3) The developer fails to deliver the house on schedule;

(4) the area changes beyond the agreed scope;

(5) Housing decoration standards and quality do not meet the requirements, and the warranty is not in place;

(6) The procedures for the transfer of property rights are incomplete or cannot be handled on schedule.