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Do I need to sign the house for sale?
1. How long will it take for the buyer to sign the contract after paying the down payment?
There is no clear law on how long it takes for the buyer to sign the contract after paying the down payment. The specific signing time can be negotiated by both parties.
According to the first paragraph of Article 16 of the Measures for the Administration of Commercial Housing Sales, when selling commercial housing, the real estate development enterprise and the buyer shall conclude a written contract for the sale of commercial housing.
According to Article 27 of the Regulations on the Management of Urban Real Estate Development and Operation, the buyer and seller of commercial housing shall sign a written contract. The contract shall specify the construction area and usable area, price, delivery date, quality requirements, property management methods and the liabilities of both parties for breach of contract.
2. Does the house sales contract have to be witnessed by a lawyer to be valid?
The house sales contract is only valid under the witness of a lawyer. In essence, it is also a contract, and the parties conclude a contract through offer and acceptance. The Civil Code clearly stipulates that a contract is established when an acceptance takes effect.
Three. Housing transaction process
(1) The Seller shall cooperate with the Buyer in the property right investigation. Including the examination and approval of the integrity, authenticity and reliability of housing property rights, it is necessary to pay attention to whether the owner's name on the real estate license is consistent with that of the seller, whether there is mortgage or not, and whether there is anyone.
(2) The buyer and the seller sign a house purchase contract, and sign the house price, payment method, delivery time and deposit in detail.
(three) the real estate management department to verify the declared sales price, and according to the need for on-the-spot investigation and evaluation of the transfer of housing;
(4) The intermediary company handles the loan formalities for the buyer at the relevant bank. The loan application time is relatively strict, and the time is mostly half a month. Of course, every region is different. Later, the bank approved it, and when it got the approval, it began to handle the transfer procedures.
(five) the parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the provisions;
(six) by the real estate management department issued a transfer order.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 471 The parties may conclude a contract by offer, acceptance or other means.
Article 472 An offer is an expression of intention to conclude a contract with another person and shall meet the following conditions:
Specific content;
(2) The offeror is bound by the expression of will by indicating that he has accepted the offer.
Article 483 A contract is formed when an acceptance becomes effective, unless otherwise provided by law or agreed by the parties.
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