Is it legal to have the overlord clause in the property contract?

Legal analysis: illegal, overlord clause is illegal because the rights and obligations of both parties are not equal.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 496 Standard Terms were drafted in advance by the parties for reuse, and there was no consultation between the parties when concluding the contract.

Where a contract is concluded by standard terms, the party providing the standard terms shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures such as exempting or lightening their responsibilities to remind the other party of the terms that have a significant interest in them, and explain the terms according to the requirements of the other party. If the party providing the standard terms fails to fulfill its obligation to prompt or explain, so that the other party fails to pay attention to or understand the terms that have a significant interest in it, the other party may claim that the terms will not become the content of the contract.

Article 497 A standard clause is invalid under any of the following circumstances:

(1) The provisions of Section 3 of Chapter VI in Part I of this Law and Article 506 are invalid;

(2) The party providing the standard terms unreasonably exempts or lightens its responsibilities, aggravates the responsibilities of the other party or restricts the main rights of the other party;

(3) The party providing the standard terms excludes the other party's main rights.