What if the commercial housing purchase contract is lost?

What should I do if the commercial housing purchase contract is lost? Everyone will have a purchase contract when buying a house, but sometimes someone will lose the contract because of carelessness. Many people worry that it will affect their next purchase. Let's take a look at what to do if the commercial housing purchase contract is lost.

What should I do if the commercial housing purchase contract is lost? 1 If the house purchase contract is lost, you can go to the corresponding department to reissue it. As long as the house was legally purchased at that time, it can be found in the system of government departments, and only the lost materials need to be reissued.

1, if you buy an existing house.

According to the current regulations of our country, the house sales contract can only be effectively established if the house transfer registration procedures are handled. If it is not registered, the house sales contract will not take effect and the law will not protect it. Therefore, if the transfer registration procedures have been completed, the hidden danger of accidental loss will be eliminated legally, and only the lost materials need to be reissued.

2, if the purchase is faster.

And did not apply for real estate registration, you can go to the local (at or above the county level) people's government real estate management departments and land management departments.

According to the Administrative Measures for the Pre-sale of Urban Commercial Housing, within 90 days from the delivery date of the pre-sale commercial housing, the winning bidder shall go through the ownership registration formalities with the real estate management department and land management department of the people's government of the city or county according to law. The development enterprise shall provide assistance and provide necessary supporting documents.

If I lose the purchase contract, can I transfer the ownership?

Transfer is possible, but you need to go through the replacement procedures of the original purchase contract.

According to China's current regulations, the purchase of commercial housing, whether it is an existing house or an auction house, the sale or pre-sale contract has been registered with the relevant departments. Once the original purchase contract is lost, the property owner can hold the real estate license and ID card to the contract registration department (the archives room of the local real estate bureau) for inquiry. You can affix the official seal of the original property right unit on the copy of the obtained house purchase contract as a substitute for the original house purchase contract.

How to transfer the house purchase contract if it is lost?

(1) The transfer process of lost house purchase contract has the following three steps:

1, relevant departments have registered for the record.

2. You can affix the official seal of the original property right unit to the obtained copy of the purchase contract as a substitute for the original purchase contract;

3. Go through the formalities of tax declaration

For commercial housing that cannot provide the original purchase contract, how to change the way of tax declaration, and make tax declaration according to the tax rate that cannot provide the original purchase contract in accordance with relevant regulations, so as to handle the ownership transfer registration formalities after obtaining the tax payment certificate; Finally, the original purchase contract of public houses was lost, and the purchaser could only go back to the original selling unit to reissue it. However, the reorganization or renaming of the original selling unit can be handled in accordance with the relevant provisions of the Notice of Beijing Municipal Construction Committee on Relevant Issues Concerning the Reform and Registration of Housing Ownership.

(2) Other precautions-properly keep the original house purchase contract.

Due to the current real estate tax policy, the sale of houses for less than five years requires full payment of business tax and personal income tax. For public housing purchased in accordance with the national housing reform policy, the purchase time shall be determined according to the principle of "which comes first", and the effective time of the purchase contract, the date of issuance of the house payment receipt or the time indicated in the real estate license shall prevail. So you must keep the original purchase contract, because the original purchase contract is the earliest effective time.

To sum up, if the original purchase contract is lost, it can be reissued in the corresponding department without affecting the transfer procedures. If you still don't understand, or have other legal knowledge, I suggest you visit our website in Hualv.com for online lawyer consultation, and they will answer your questions in detail.

What should I do if the commercial housing purchase contract is lost? First, if the buyer purchases the auction house without real estate registration, he can go to the real estate management department and land management department of the local people's government (at or above the county level) to inquire.

According to China's "Measures for the Management of Urban Commercial Housing Sales", commercial housing pre-sale, development and operation enterprises should sign a commercial housing pre-sale contract with the winning bidder, and the pre-seller should go through the registration and filing procedures with the above two departments within 30 days from the date of signing the contract. If property buyers can register their property rights in time, they naturally don't have to worry about the inconvenience caused by the loss of contracts and receipts.

At the same time, according to the "Interim Measures for the Administration of Urban Real Estate Development", "the pre-sale of commercial housing shall be registered with the real estate administrative departments and land management departments at or above the county level within 30 days from the date of settlement".

Second, if you buy an existing house, it should be aimed at the house sales contract. China implements the registration system, that is, the housing sales contract must go through the formalities of housing transfer registration before it can be effectively established. Without registration, the law does not protect it. If we can operate according to the procedures prescribed by law, we will put an end to the hidden dangers caused by accidental loss.

If it does not belong to the above two situations, the following methods can be adopted:

First of all, explain the situation to the developer, negotiate with the developer to solve the problem, re-sign the purchase contract, and ask the developer to show the relevant proof of the purchase price, remember to stamp the financial effective seal for enquiry.

Secondly, if you unfortunately meet a developer with no credibility, you can try to sign a supplementary agreement with the developer on the details of the purchased house, and indicate that the supplementary agreement has the same legal effect as the original contract. In the supplementary agreement, the main terms of the original contract and the paid house price can be implicitly mentioned, so that it can play its due role together with the original contract.

In order to nip in the bud, the shopping guide still advises buyers not to bring the original contract and payment voucher without reason to prevent them from being lost. In addition, if you need to go through the relevant real estate formalities, you can make a copy of all the information first, so that if you lose the original and the copy as cards, you can provide vouchers when you resolve disputes through legal or other means in the future to prevent problems before they happen.

What should I do if the commercial housing purchase contract is lost? 3.

The purchase contract is signed by the buyer and the developer. Once you find that the purchase contract is lost, you must communicate with the developer first. First of all, we can solve the problem through consultation, that is, explain the situation to the developer and see if the developer can re-sign the contract. This must be approved by the developer. Generally speaking, it will not be rejected. The expenses incurred will be paid by the buyer, and only the developer needs to issue relevant certificates.

If you buy an existing house,

Buying an existing house, this purchase contract is the proof of the transaction between the buyer and the seller. According to the laws of our country, the house sales contract can only be effectively established if the house transfer registration procedures are handled. Without registration, the house sales contract will not take effect and the law will not protect it. Therefore, if the transfer registration procedures have been completed, the hidden danger of accidental loss will be eliminated legally, and only the lost materials need to be reissued.

If you buy an auction house,

Friends who have bought an auction house know that the auction house cannot handle the real estate license, and the purchase of the auction house requires payment. If you buy an auction house without real estate registration, you can go to the real estate management department and land management department of the local people's government (at or above the county level) to inquire. According to (Measures for the Administration of Urban Commercial Housing Sales), commercial housing pre-sale, development and operation enterprises shall sign a commercial housing pre-sale contract with the purchaser, and the pre-seller shall go through the registration formalities with the above two departments within 30 days from the date of signing the contract. If you have already registered the property rights, you naturally don't have to worry about the hidden dangers caused by the loss of contracts and receipts.

Completed the pre-sale registration but did not start to apply for bank mortgage.

Friends who have handled housing loans know that the purchase contract is to be provided to the bank. Without the purchase contract, the bank can't handle the loan. If the buyer loses the contract, the measure taken is to publish a statement in the newspaper to declare the contract invalid. After the expiration of three months, the organ that took the newspaper to do the pre-sale registration applied for cancellation of the signed contract, and then re-signed the contract with the developer before doing 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.

The purchase contract is an important proof of buying a house. It is necessary to apply for both loans and real estate licenses. Don't underestimate the role of the purchase contract, and be sure to keep it properly. Once lost, it should be handled by relevant departments to avoid future troubles.