Can I sign a contract directly without filing a house purchase? It is best to register for the record. If the property right of the house really belongs to the buyer and there is no dispute, then the sales contract you signed is valid.
According to China's current real estate ownership registration policy, two systems are implemented: deed registration and warrant registration. The so-called real estate license is the ownership certificate obtained under the registration system of * * * housing management department, and its proof function is to provide legal proof of housing ownership for * * * departments. Other houses that have not been registered by the housing management department shall be subject to the deed registration system (which is more common in the transfer and sale of self-owned houses). For the real estate registered in the deed certificate, the * * * department failed to fulfill the burden of proof, but as long as the property rights of the house are clear and uncontroversial, and the transaction procedures are legal, the contract concluded will have legal effect. However, if there is any dispute, the court's judgment shall prevail.
If the ownership of the house is unclear or controversial, the contract is not protected by law, which will bring you economic losses.
The process of buying a house needs two important proofs: the proof of debt and creditor's rights; Housing sales contracts need to be filed by the real estate bureau; The debt-creditor relationship can prevent the seller from selling the house for the record; Explain that the seller owes the house; Then register in advance to confirm the title certificate; The seller must take the house away, take it away; The seller must have five certificates to let the seller sell the house; The office must establish its four certificates before it can handle all the pre-sale certificates; If the seller sells the house in violation of the contract, he needs to fill in the pre-sale certificate.
Buy your own house and let your relatives sign the contract! Absolutely. The sales contract is only the transaction certificate of the buyer and the seller, which means that you have paid the house price or part of the house price to the seller, that's all.
The key is that the house has been renamed and transferred, and it cannot be replaced. Buyers and sellers must be present. Unless the buyer has notarized, the buyer has a notarized certificate, and the seller does not need to be present. The procedures in each city may be slightly different, but the process of buying and selling houses is very strict and almost impossible.
I paid a down payment on the house. Can I check out without signing a contract? Hello! 1. If the developer fails to obtain the pre-sale permit, the contract is invalid.
2. The oral promise of sales cannot be used as valid evidence. Whether there is relevant written evidence (sales advertisements, promotional materials, etc.). Prove that the actual situation of the house is contrary to the propaganda, and you have the right to return a house.
If more information can be provided, more detailed legal advice can be given.
Do I need to see five certificates to sign a contract to buy a house? Can I sign the contract without looking at it? If you want to buy a commercial house, first look at whether our five certificates are complete, or you will be fooled, because the five certificates include five certificates, that is, land acquisition certificate, building certificate, sale certificate, etc., before you can sell it, otherwise the building that does not go through the formalities is likely to become a small property house or an unfinished building.
Can only one person sign a marriage certificate when buying a house? Yes, only one marriage certificate is needed, and the marriage certificate only copies two pages of photos and materials! Who is the holder? Neither the Housing Authority nor the bank cares! Just make sure that the name and ID number on the marriage certificate are the same as those on the household registration book and ID card!
Can my husband verbally entrust me to sign the contract for him? One day after buying a house in full, Xiaozhen (a pseudonym) and her boyfriend Akin (a pseudonym) went to see a real estate and decided to buy one of the suites on the spot. Ah Jin took out 10,000 yuan and paid a deposit, but in the house purchase contract, he wrote his girlfriend's name, not his own. The next day, Jane went back on her word. She thinks that so many people's new houses are too small for a family to live in and want to change to a bigger one. To this end, she found the developer and asked for a refund of the deposit. The developer clearly told her that since she didn't buy a house, she would do it according to the contract without refunding the deposit. Xiaozhen said that the deposit was paid by her boyfriend. Although her name is written on the contract, it is not her handwriting. In this sense, the party to the purchase contract is not herself. Can she ask for a refund of the deposit of 654.38 million yuan on the grounds that the contract is invalid? Huang Youming: First, Xiaozhen and her boyfriend Akin went to the sales office of the developer and decided to buy a house on the spot. When Ah Jin signed Xiaozhen's name on the house purchase contract, Xiaozhen at the scene did not object. It can be seen that Xiaozhen's willingness to authorize her boyfriend Akin to buy a house is very clear. According to Article 65 of the General Principles of the Civil Law, the form of authorization can be written or oral. Xiaozhen's boyfriend, Ah Jin, signed a house purchase contract with the developer. The contract is valid, and he has no right to ask for a refund of 1 10,000 yuan deposit. Second, to take a step back, even if Xiaozhen didn't authorize her boyfriend Ah Jin's agency, then Ah Jin's behavior has constituted an apparent agency that directly has legal effect on Xiaozhen, and Xiaozhen has no right to ask for a refund of the deposit of 1 10,000 yuan. (According to Article 49 of the Contract Law, agency by estoppel means "if the actor has no agency right, exceeds the agency right or terminates the agency right, and the counterpart has reason to believe that the actor has the agency right, the agency act is valid." In this case, Ah Jin's behavior of signing a house purchase contract with the developer in front of Xiaozhen conforms to the constitutive requirements of agency by estoppel: 1. The special relationship between Xiaozhen and her boyfriend Akin gives the developer reason to believe that he has the right to sign the purchase contract on his behalf. 2. Xiaozhen didn't object to her boyfriend Akin signing a house purchase contract. Xiaozhen and her boyfriend Akin went to the developer's sales office to see the house and decided to buy a house on the spot. Xiaozhen knows that others are engaged in civil acts in their own name and does not deny it, so that developers have reason to believe that Ah Jin has the right of agency. 3. The developer is in good faith subjectively, and there is no fault. 4. The purchase contract signed by A Jin, the unauthorized agent, and the developer has the requirements of establishment and entry into force. 5。 Xiaozhen signed the house purchase contract on behalf of her, demanding the return of the deposit because she wanted to change a large-area house, not because the developer defaulted.
I signed a house purchase contract. Can I check out? If I sign the house subscription contract, it is legal and valid, and I can't even check out if I want to.
If it is really impossible to perform the contract, you can negotiate with the other party to obtain the understanding of the other party and terminate the contract through consultation.
If the contract is terminated, it is necessary to compensate the other party for its losses.
Contract law:
Article 8 A legally established contract is legally binding on the parties. The parties shall perform their obligations as agreed, and shall not alter or terminate the contract without authorization.
Contracts established according to law are protected by law.
Article 44 A legally established contract shall come into force upon its establishment.
Article 77 The parties may modify the contract through consultation.
Article 107 If a party fails to perform its contractual obligations or fails to perform the contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Can I get a refund if I pay the down payment for buying a house without signing a contract? Do you dare to give away the money without signing a contract? Then how do you prove that you are down payment or down payment? In this case, don't mention the refund, and the trouble behind it is enough.