How to sign a contract for the sale of resettlement houses
1. To verify the identity, it is necessary to verify the identity of the buyer;
2. Confirmation of house selection: The staff will call the roll according to the house selection sequence number, and the called party will choose the house on the spot. After the purchaser selects the resettlement house according to the entitled area, he can sign the room number confirmation form for confirmation;
3. Notarization and publicity, relevant staff will supervise the whole process of housing selection to ensure that the whole process is open, fair and transparent;
4. settle down in the house. If problems are found in the interior decoration and water and electricity facilities of resettlement houses, they can be reported to the residential property management office within 7 days.
Two, in the signing of the corresponding resettlement housing contract, should indicate the following funds in the contract:
1, the basic situation of the house
2. Time and method of payment
After the signing of this contract, the buyer shall pay the seller the payment xxx, and the payment shall be made on the day when the contract is signed. The balance of RMB 30,000.00 Yuan shall be paid within three days after the transfer of property rights. Seller's bank account: xxx Bank, account name xxx, account number xxxxx. The buyer can pay the seller in cash or deposit the payment into the seller's above account.
3. House delivery
After the contract is signed, the seller shall keep the original resettlement agreement with the buyer. The seller shall, within five days after notifying the delivery of the house, deliver all the agreed house and its attached keys to the buyer, which shall be owned by the buyer.
4. Liability clause for breach of contract
If the buyer fails to pay the house price to the seller within the agreed time limit, and the overdue payment reaches one month, the seller has the right to terminate this contract, and the buyer shall bear the penalty of × 10 ‰ for the overdue payment. After the delivery of the house, if the seller fails to deliver the house and its attached keys to the buyer as agreed, it shall be regarded as a breach of contract by the seller, and the seller shall pay the buyer a penalty of RMB three hundred thousand Yuan only. If the Seller fails to handle the real estate license and land certificate in the corresponding institution within * days after receiving the notice of handling the property right of the house, it shall be deemed that the Seller has breached the contract, and the Seller shall pay the Buyer a penalty of * ten thousand Yuan only.
Three, the demolition and resettlement housing sales contract shall be signed in the following forms:
Seller (Party A): _ _ _ _ (hereinafter referred to as Party A)
ID number:
(Owner * * *) _ _ _ _ _
ID number: _ _ _ _ _ _ _
Basic information of the house:
Party A's house is located at the _ _ _ _ floor, * * _ _ _ (suite), with the structure of, the construction area of, and the purpose of the house. See the land and house ownership certificate number for details. _ _ _). Party B has fully understood the house that Party A wants and is willing to buy it.
Facilities and equipment inside the house: including _ _ _ _ _ _ _ _.
The house referred to in this Contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. The original building and selling units are allowed to resell houses, and there are no rights defects such as property rights disputes, mortgages, creditor's rights and debts.
Transaction price of the above-mentioned property: the transaction price is: the total price is RMB _ _ _ _ _ _ _ (in words: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _).
Time and method of payment:
Four, the transfer of real estate, should be handled according to the following procedures:
1. The parties to the real estate transfer sign a written transfer contract.
2. The parties to the transfer of real estate shall, within 90 days after the signing of the real estate transfer contract, declare the transaction price to the real estate management department where the real estate is located with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents.
3, the real estate management department to review the relevant documents provided, and make a written reply whether to accept the application within 7 days, 7 days did not make a written reply, as agreed to accept.
4. The real estate management department shall verify the declared transaction price and conduct on-the-spot investigation and evaluation of the transferred real estate as required.
5. The parties involved in the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations.
6, the real estate management department for housing ownership registration procedures, the issuance of real estate ownership certificate.
Four, the purchase of resettlement housing contract must meet the following conditions to be effective:
1. The actor has corresponding capacity for civil conduct when signing the contract;
2. The meaning of both parties is true;
3. It does not violate the mandatory provisions of laws and administrative regulations, nor does it violate public order and good customs.
According to the law, the parties may conclude a contract in writing, orally or in other forms.
5. How to sign a contract for purchasing resettlement houses?
1. The parties to a contract must have the subject qualification. Both buyers and sellers of houses should be qualified to exercise their rights and assume obligations according to their own actions.
2. The parties of the house buyer and seller shall be true. According to the current laws and regulations and relevant judicial interpretations, civil juristic acts should be the result of the true intention of the parties. Housing sales can only be carried out on the basis of voluntariness and equality, and the interests of both parties can be truly realized. Therefore, a house sales contract that harms the public interest due to fraud, coercion, taking advantage of others' danger, unauthorized agency, and covering up illegal purposes in a legal form is not the true intention of the buyer and the seller, and is invalid in principle.
3, the sale of housing shall not violate policies, laws and regulations and social interests. The purchase and sale of houses shall conform to the real estate policy, abide by the mandatory provisions of laws and regulations, and shall not harm public interests and violate public morality. Otherwise, the house buying and selling behavior is invalid. For example, in the activities of buying and selling houses, Chinese laws and regulations clearly stipulate that buyers and sellers of houses are not allowed to buy and sell land, not to conceal the price of buying and selling houses, and not to buy and sell demolished houses.
6. What should I pay attention to when buying a resettlement house?
1. Due to the long transaction time, the house price may change. If the seller sells the house price to others for greater benefit and transfers it to others first when it is possible to transfer the transaction, then it is difficult for the buyer to buy the house and can only claim the creditor's rights.
2. Family members may have objections to the allocation of resettlement houses. If the negotiation fails, they may bring a lawsuit to the court for reconciliation, and it is still uncertain who the ultimate legal right holder is.
3. The property rights of such houses belong to individuals, but their ownership is limited, that is to say, houses cannot be listed and traded within a certain period of time (usually 5 years). If the demolition and resettlement houses have obtained the housing rights, there are no restrictions on external sales, or the five-year period for restricting the transfer has passed, this kind of demolition and resettlement houses are no different from ordinary commercial houses, and this kind of resettlement houses can be bought and sold.
4. In the long time when the buyer is waiting for the transfer, it may happen that the house is sealed up by the creditor due to the seller's own debt dispute.
legal ground
People's Republic of China (PRC) Civil Code
Article 143 A civil juristic act that meets the following conditions is valid:
(1) The actor has corresponding capacity for civil conduct;
(2) the meaning is true;
(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
Land Management Law of the People's Republic of China
Article 63 The land owner may hand over the collectively-operated construction land designated as industrial, commercial and other operating land and registered according to law in the overall land use planning and urban and rural planning to units or individuals for use, and shall sign a written contract stating the scope, area, construction period, use period, land use, planning conditions and other rights and obligations of both parties in four boundaries of a piece of land.
The transfer or lease of collectively-operated construction land mentioned in the preceding paragraph shall be subject to the consent of more than two thirds of the members of the villagers' meeting of the members of the collective economic organization or more than two thirds of the villagers' representatives.
The right to use collectively-operated construction land obtained by means of transfer may be transferred, exchanged, contributed, donated or mortgaged, except as otherwise provided by laws and administrative regulations or unless the land owner signs a written contract with the land use right holder.
Lease, assignment, transfer, exchange, contribution, gift and mortgage of collectively operated construction land, the right to use collective construction land and its maximum life shall be implemented with reference to state-owned construction land with similar uses. The specific measures shall be formulated by the State Council.