I. Concept "House Subscription Agreement" is an instrument signed by the buyer and seller of commercial housing before signing the pre-sale contract or the sales contract, and it is a preliminary confirmation of the relevant matters of house transaction by both parties. Second, the content is simple, that is, the developer promises not to sell the house to a third person except the subscriber within a certain period of time, and the subscriber promises to negotiate with the developer on the purchase of the house according to the terms agreed in the agreement during this period. The main feature of this subscription behavior is that buyers and sellers agree to negotiate the future contract, rather than finally sign it. The housing subscription agreement generally confirms the location, orientation, floor, house price and the time when the commercial housing sales contract is signed. The subscriber pays a certain amount of deposit to the developer before buying a house as a guarantee for signing the Commercial Housing Sales Contract. Housing subscription agreement is different from commercial housing sales contract. The nature of the house subscription agreement belongs to the letter of intent. If one party fails to perform, it will bear the liability for contracting fault, and the way to bear the liability for contracting fault is deposit. Core Tip: Procedures for the delivery of commercial housing: China's current laws, regulations, rules and normative documents do not clearly stipulate the specific procedures for the delivery of commercial housing. The general procedures for the delivery of commercial housing are as follows: 1, occupancy notice. After the commercial house meets the delivery conditions, the developer shall issue a notice of occupancy to the buyer. 2. Procedures for delivery and acceptance of commercial housing: China's current laws, regulations, rules and normative documents do not clearly stipulate the specific procedures for delivery of commercial housing. The general procedures for the delivery of commercial housing are as follows: 1. Check-in notice. After the commercial house meets the delivery conditions, the developer shall issue a notice of occupancy to the buyer. 2. Inspection and acceptance. The buyer shall accept the house in accordance with the contract before accepting the house, and the developer shall reserve the acceptance time for the buyer. 3. Settle the house payment and pay the property maintenance fund and other expenses agreed in the contract. 4. Sign the house handover form. When the buyer confirms that the house delivered by the developer conforms to the legal provisions and the contract, and the developer also confirms that the buyer has fulfilled the payment obligation as agreed in the contract, both parties to the contract shall sign the house handover form. 5. Prepaid property service fees and taxes required for property ownership certificates. How did the subscription agreement become a dead letter? After signing the subscription book, the buyers in a residential area in Pupu also encountered such a situation before the developer raised the price. 1 Many years ago, Mr. Cai and other dozens of property buyers subscribed for a suite from a developer, signed a subscription letter, agreed that the house price was more than 4,300 yuan per square meter, and paid a deposit of 50,000 yuan. Recently, Mr. Cai went to sign a formal purchase contract, but the developer raised the unit price to more than 5,000 yuan per square meter. Otherwise, "this house is not for sale." Mr. Cai said that the subscription agreement they signed with the developer many years ago has clearly stipulated the house price. How do developers propose that housing prices will rise when they rise? Moreover, developers are not afraid of default, even if the deposit doubles, developers will still earn money relative to the benefits of rising house prices.
What does it mean to buy a subscription?
According to the Contract Law, subscription (including signing subscription book and paying subscription money) is an "appointment contract" behavior, that is, the basic terms of the house purchase contract to be signed later should be specified in the subscription book. If the buyer has not read the purchase contract, then the appointment will have no legal effect. In other words, the subscription book is not a house, but a purchase contract.
Moreover, under the premise of not obtaining the "Real Estate Pre-sale Permit", the purchase deposit agreed between the developer and the buyer is invalid. According to the principle of dealing with invalid contracts in the Contract Law, the developer should unconditionally return the deposit to the buyers regardless of whether the two parties sign the subscription agreement.
What does it mean to buy a house and subscribe?
That is, you want to buy, but it's not time to sell. You can buy a number first, and you have priority when you formally trade. If you don't buy it, you can also get a refund.
What do you mean by recognizing and subscribing for real estate?
It should be recognition!
Simply put, subscription is a means for developers to store customers in the market in order to seize customers without sales conditions (generally speaking, without pre-sale permits). Generally, a specific house is not specified, and customers need to return the subscribed money to customers if they don't buy a house;
Subscription means that after the developer gets the pre-sale certificate, he signs a subscription agreement with the customer and specifies the specific housing. After signing the subscription agreement, the developer can't sell the house to others, so the subscription money can't be refunded.
What does the house subscription mean?
Just buy a house. The house is still there. If you want to buy this suite, you can subscribe for this house.
What do the signing, payment, subscription and occupation in real estate mean respectively? 10 point
This is all made up by developers. It doesn't make any sense.
There are only a few steps to buying a house:
1, sign the contract
2. Down payment+loan.
3. The house is completed and handed over to the buyer.
What does the internal subscription before the official opening of the property mean?
In recent years, many real estate developers have launched the "internal subscription" method to sell commercial housing on a small scale before obtaining the "Pre-sale Permit for Commercial Housing" and other related documents. The most important premise of internal subscription is to have a certain degree of preemptive right, which is generally compared with the "opening price". If the internal subscription price should be the "lowest current price" in the process of commercial housing sales according to the prevailing marketing principle of "low opening and high going" for real estate developers, then a suite may be "cheap" by 10,000 yuan.
If the location is good, the price is reasonable, and the developer has credibility and strength, then people who have nothing to do with the small subscription scope can't buy it. On the contrary, anyone can subscribe.
Risks and precautions: he can have five incomplete certificates now, but he must have a land certificate and two planning certificates, otherwise it will be difficult to handle the real estate license or it will be illegal in the future. The agreement on delivery time and compensation for failure to deliver the house on time should be reflected in the contract.
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Answer: two of the five cards.
Construction land planning permit, construction project planning permit,
Housing construction permit, state-owned land use permit and commercial housing sales (pre-sale) permit,
What does the house subscription card mean?
Just buy a house. The house is still there. If you want to buy this suite, you can subscribe for this house.
What do you mean by subscription number and transaction number?
Subscription is only the intention to buy, and the transaction is to confirm the purchase.
What does the letter of intent mean? 10.
In the sale of commercial housing, we often encounter disputes arising from the signing of the Letter of Intent for Housing Identification. How effective is the Letter of Intent? How to solve it? I think we should look at it from two aspects.
First, the general "letter of intent". Judging from the original intention of "Letter of Intent", it is an agreement to perform certain acts in the future, which should belong to an appointment contract according to the characteristics of the contract. An appointment contract refers to a contract concluded by both parties in the future. The contract concluded in the future is called "this contract", and the contract signed now is called "appointment", which is different in nature and legal effect. So how to solve the problem of violating the "letter of intent"? I think we should bear the responsibility within the scope of the letter of intent, not the responsibility for violating this agreement. Therefore, the Letter of Intent for Housing Subscription is also valid. For example, the "Letter of Intent for Housing Subscription" has only a general intention for the house to be purchased, but there are no specific standards, no advance payment and so on. This "Letter of Intent for Housing Subscription" is a real "Letter of Intent", and both parties shall bear the responsibilities within the scope of its contents if they violate the Letter of Intent for Housing Subscription.
2. The title is "Letter of Intent", but the essence is "This Contract". So how should such a "letter of intent" be viewed? I think it should be handled in accordance with this contract. For example, the name of "Letter of Intent for Housing Subscription" is "Letter of Intent", and its essence is a house purchase contract. The terms of the contract are very clear. The location, apartment type, area, price and nature of the house shall be paid by the buyer as agreed. Such a "letter of intent" should be regarded as a "house sales contract". Disputes arising from this shall be executed according to the House Sales Contract.