Auction houses generally refer to houses under construction, which have not been completed and cannot be delivered for use. In other words, the developer starts with the pre-sale permit of commercial housing and ends with the property right certificate (property right card). Commercial housing during this period is called auction, and consumers should sign pre-sale contracts when purchasing commercial housing at this stage.
Under normal circumstances, the prices of auction houses are relatively low, and there is a lot of room for choice. However, because the house is delivered after the house is delivered, the process and result of purchasing consumption depend on the fulfillment of the rights and obligations stipulated in the purchase contract, and the fulfillment of the purchase contract is not only affected by the developer's own operation, but also restricted by many objective factors. Due to various advantages and disadvantages, the auction system tends to be abolished in China.
Matters needing attention in auction
1. After the seller and the buyer sign the sales contract, the buyer is afraid that the seller will sell one room and two rooms in the future or simply refuse to go to the house, so he often chooses to sign the sales contract under the notarization of the notary office, thinking that the seller cannot violate the notarization contract, and even if the buyer defaults, he can ask the court for compulsory transfer. In fact, this is a big misunderstanding. Notarization (including lawyer's witness) is only the third-party proof of whether the contract is illegal or not and whether it is the true intention of the parties. It can't have any binding effect on the future performance of the contract, and it is inevitable that the contract will be breached or not.
2. When the buyer and the seller sign the auction house sales contract, they must first confirm whether the seller has paid the due house price, and then stipulate in the contract that all the rights of the seller to the developer are transferred to the buyer. At the same time, the seller needs to issue a notice of creditor's rights transfer to the developer, because the law stipulates that the debtor must be informed of the creditor's rights transfer, otherwise it will not be effective for the debtor.
3. In order to prevent the seller from selling the house to others after signing the contract with the buyer, resulting in the buyer's expectation of home ownership falling through, the seller and the buyer can agree that the seller will hand over the pre-sale contract signed with the developer and the original invoice to the intermediary company or law firm for safekeeping, which can avoid the situation of selling one house and two houses to the maximum extent.