A: The Scout Law Online Consultation will answer your question.
Whether the house purchase and sale agreement has legal effect,
According to the law, the house purchase and sale agreement voluntarily concluded by both parties is legally binding. The validity of house sales negotiation is the premise of whether the contract terms can be implemented. If the contract is confirmed invalid by the court or arbitration institution, no matter how detailed and comprehensive the terms of the contract are designed by both parties, the liability for breach of contract agreed in the contract will not apply except for procedural terms such as the dispute jurisdiction institution or the audit unit, which can be described as "taking the bottom out of the bucket". Even if you keep the contract in good faith, you can't pursue the responsibility of the breaching party according to the contract.
(A) the effective constituent elements of the house purchase and sale agreement
Regarding the effective elements of a contract, the contract law does not clearly stipulate that "a contract established according to law shall take effect upon its establishment". Combined with the provisions of Article 55 of the General Principles of Civil Law on the constitutive requirements of civil juristic acts, an effective sales contract needs to have two requirements: first, the contract is established; Second, the contract is legal. In order to clarify the second component, the "legality of the contract" can be divided into the following three aspects: (1) the subject of the contract is legal; (2) The subject matter of the contract is legal; (3) The contents of the contract are legal.
Judicial Interpretation of Contract Law (2) Article 1 clarifies several requirements for the establishment of a contract, namely: (1) the name of the parties; (2) Subject matter; (3) quantity. Unless otherwise stipulated by law or agreed by the parties, as long as the contract has the above elements, generally speaking, the court will consider the contract established.
In addition, the "Contract Law" lists several special situations in which a contract is established:
(1) Article 36 of the Contract Law stipulates: "A contract is concluded in written form as stipulated by laws, administrative regulations or agreed by the parties, but one party has fulfilled its main obligations and the other party has accepted it."
(2) Article 37 of the Contract Law stipulates: "When a contract is concluded in the form of a contract, one party has fulfilled its main obligations before signing or sealing, and the other party accepts it, the contract is established."
(2) the legality of the agreement
We should understand this problem from the perspective of legislation or judicial practice, and more from the opposite of legality, that is, whether there is any illegal situation in the contract, as follows:
1. Is the contract subject legal?
According to the legal provisions and judicial practice, under the following circumstances, the main body of the contract is illegal, which leads to the invalidity of the contract:
(1) The purchaser does not have legal procurement qualification.
For example, if a buyer who does not meet the purchase conditions of affordable housing purchases such a house, once a dispute arises between the two parties, the court may decide that the buyer is not qualified to purchase a house and the contract is invalid.
(2) If the seller fails to obtain the right to dispose of the house, the obligee will not ratify it when the court or arbitration commission opens a court session.
2. Whether the subject matter of the contract is legal.
The illegal circumstances of the subject matter of the contract are:
(1) Houses of central delivery houses, military houses or secret-related units that are not allowed to be listed by the housing authority.
(2) Affordable housing that does not meet the listing requirements or relocated housing managed by affordable housing. The purchase time of such houses is less than 5 years.
3. Whether the contents of the contract are legal.