In the process of buying a house, there is still a problem. In some cases, when to sign a contract to restrict the sale of a house and when to sign a pre-sale contract. The sales restriction contract means that the house you want to buy has been completed, accepted and delivered to the commercial house. At this point, the developer and the buyer signed a real estate sales restriction contract. If the house you bought has not been completed and accepted, it is an auction house. Sign the house pre-sale contract at this time.
There are three methods to calculate the sales area of commercial housing. One is priced according to the suite, the other is priced according to the construction area, and the other is priced according to the interior construction area. Usually, the method of pricing according to the interior area is rarely used, and it is usually calculated according to the construction area, which refers to the peripheral line of the living area. Generally, the sales area of commercial housing is the sum of the interior sales area and the shared public area, but the interior use area is the most useful for buyers, because this area is really usable by buyers. Therefore, when signing the commercial housing sales contract, we must clearly write the interior construction area and pool area.
Therefore, when buying a house, buyers pay special attention to the area. It is necessary to clearly and truly write down my own use area and shared public area in the contract, so as to effectively avoid the disadvantages brought to consumers by the shrinking use area.
How to deal with the area error in the process of buying a house? Usually, in the standard commercial housing sales contract, there are two ways to deal with the area difference. One is that both parties agree on their own, as long as the interior area of the suite does not exceed 1% or 0.5%, both parties agree on it. What if there is more or less? Usually, the housing sales contracts provided by real estate developers are not like this, and there is an absolute proportion, generally 3%. If the absolute value of the area error ratio is less than 3%, it is usually agreed to settle the house payment according to the facts. If the absolute value of the area error ratio exceeds 3%, the buyer or purchaser or the agreed developer shall bear the corresponding liability for breach of contract. Of course, if the agreement is so clear, the absolute value of the area error ratio is within 3% and does not exceed the actual settlement price, which is still acceptable. If it is exceeded, the developer must bear the responsibility for breach of contract and allow the buyers to return a house. One more question. In commercial housing sales contracts, there are usually force majeure clauses. In the commercial housing sales contract, the developer's excuse for delaying delivery is generally force majeure. According to China's regulations, force majeure should refer to unforeseeable, unavoidable and insurmountable objective conditions, such as earthquakes and floods. This unforeseeable, unavoidable and insurmountable objective situation can exempt the developer from the responsibility of delaying the delivery of the house, that is to say, exemption. If this is not the case, it cannot be agreed as force majeure. General developers usually expand the scope of force majeure. For example, they encounter unusual difficulties or major accidents in the construction process, such as laws and regulations promulgated by the government after the contract is different from the original, such as the approval of construction facilities, installation delay, etc., which are considered as force majeure. From a legal point of view, we feel unfair to property buyers, which is equivalent to expanding the scope of force majeure. Therefore, it is suggested that buyers only need to grasp three conditions for the force majeure clause, that is, in the case of unforeseeable, inevitable and insurmountable, the agreement will not be expanded within the minimum scope. When the delivery is delayed after expansion, he can say that I am free of charge.
There is also a basic question, who signed the purchase contract? Quite simply, signing a house purchase contract should be a contract with a real estate developer. However, at present, some developers often entrust some intermediaries to be responsible for their sales activities. Intermediaries can't directly sign sales contracts with property buyers without the signature of the developer, which means that intermediaries can't sign contracts in his name. When signing a contract, we should grasp that it is a developer, and don't entrust an intermediary company to sign a contract in its own name. Another tip, when signing commercial housing sales contracts, we should pay attention to some proportional figures. For example, whether the liquidated damages are a few thousandths or a few ten thousandths or a few percent, these proportions must be paid attention to as buyers. If one percentage point is missing, many things will be much worse.
When buying and selling, one is to sign a subscription book, and the other is to sign a house purchase contract. There are supplementary provisions in the purchase contract. This supplementary agreement is often not stipulated in the purchase contract, usually stipulated in the supplementary terms. What buyers need to be reminded is that the supplementary terms are more important to some extent than those agreed in the house sales contract, because the supplementary terms are agreed according to different specific conditions of different projects. Therefore, we should grasp several issues when signing supplementary terms.
First, the contents of advertisements such as sales brochures should be clearly written into supplementary agreements, which is a very important way to safeguard the legitimate rights and interests of property buyers.
The second is to clarify the time for handling housing ownership certificates. Because the sales contract usually doesn't say how long it will take to complete the title certificate, it is usually agreed in the supplementary terms.
Third, it is necessary to clarify the responsibilities of both parties to the mortgage failure. Buying a house now generally requires a mortgage. In fact, in some cases, the mortgage loan has not been completed. The reasons for not doing it are complicated, including property buyers, real estate developers, even banks, and some are comprehensive. It is necessary to clarify what the respective responsibilities of both parties are if they cannot apply for a mortgage.
Fourth, define the shared floor area. At present, the most controversial issue is the allocation of the pool area. Some developers often make a fuss about the pool, so it is necessary to make a clear agreement with the developers, not only to have a rough pool area figure, but also to agree on which part of the pool to determine the location of the pool. Now there are many gifts for this and that, in fact, sometimes they are common fields.
Fifth, the decoration standards should be clear. After the gradual real estate development project is refined decoration, the standard of decoration must be clear. For example, the standard of decoration should not be vague, such as imported materials and advanced materials, but it must be clear what brand to use, even including color.
Sixth, clear check-out responsibility. After receiving the notice of occupancy, buyers often spend some money to decorate their houses, such as buying home appliances. But once the check-out is the reason of the developer, it is necessary to clarify what kind of responsibility the developer is and return it to the developer within a certain date, even including bank interest and fines.
Finally, whether property buyers need to hire a lawyer when buying commercial housing. The sale of commercial housing involves a lot of professional legal knowledge, and it is difficult for ordinary buyers to understand these problems at once. Therefore, in order to reduce the risk and prevent the trap in the sales contract, it is suggested that the buyers hire a lawyer in the process of buying a house and ask a lawyer to handle related matters. Although some fees will be paid, the risk will be reduced.