(a) the demolition agreement must have the seal of the house expropriation department determined by the people's government at the city or county level, or the signature of the person in charge of the house expropriation department;
(two) the signature of the property owner who needs to be removed;
(three) generally need to use the seal of the local, construction and local government;
(4) The relevant contents of the Civil Code stipulate that if the parties conclude a contract in the form of a contract, the contract shall be established when both parties sign or seal it.
Second, what should be paid attention to in the house demolition agreement? (1) Cannot sign a blank agreement.
Many relocated households have encountered such a situation. After negotiating with the government for satisfactory compensation, the government took out a blank agreement for the relocated households to sign. The government also said that we had agreed to pay compensation. You sign this agreement first, and then fill in the compensation amount after we seal it or the superior approves it.
This blank agreement must not be signed at this time. If you believe that the agreement has been signed, the government is likely to fill it out at will, which is very different from the compensation negotiated at the beginning. When you get the agreement, you will suddenly realize that you can only eat Rhizoma Coptidis dumb, even if you file a lawsuit in court, it will be very difficult.
(2) The liability for breach of contract must be clear.
Generally speaking, the compensation conditions promised by the demolition people, especially those implemented in the contract terms, can basically be realized, but everything is just in case. When signing a contract, we should also guard against possible "in case" in advance, so we must clearly stipulate the liability for breach of contract.
Therefore, in the demolition compensation agreement, such as compensation payment date, resettlement housing delivery date, resettlement housing acceptance certificate, etc. , must stipulate the liability for breach of contract, and specifically stipulate the calculation method of loss compensation.
(three) the demolition compensation agreement must be retained.
The demolition compensation agreement must be made in duplicate, and one copy shall be kept by the demolished person.
However, in practice, the demolition party took away the consent of the expropriated person for reasons such as the need for a guarantee and the approval of the higher authorities. However, the contents of the compensation agreement cannot be fulfilled or tampered with, because there is no original compensation agreement in the hands of the demolished person.
Therefore, the demolished people must insist on signing the agreement face to face, and both parties will sign and seal at the same time, leaving each other blank. If they don't do this, they may put themselves in danger.
(D) oral commitment is not credible
Sometimes in order to carry out the project as soon as possible, the demolition party can sign and move out as soon as possible. Often verbally put forward attractive compensation, appease the demolished people to sign quickly, and the rest of the compensation will be replenished to you later. Many people who were demolished believed it. After signing the agreement, they didn't wait for the good news from the government, but the government said, "You can't do this until you sign the agreement." Only then did the relocated households find out that they had been cheated, but it was too late.
(5) Who should I sign an agreement with?
The house expropriation departments determined by the people's governments at the city and county levels shall organize the implementation of house expropriation and compensation within their respective administrative areas in accordance with the relevant provisions of the Regulations on House Expropriation and Compensation on State-owned Land. Some local agreements are signed by the demolition office, the demolition implementation unit and the street office. These are legal risks, please read them carefully before signing.
Three. What are the effects of the house demolition agreement? (1) conditions for entry into force.
The agreement on compensation and resettlement for house demolition must include the unit, name and agent name of the demolition party, and the agreement must be signed and sealed by both parties before it has legal effect.
Demolition of non rental housing, signed by the demolition and demolition agreement; Demolition of rental housing, the demolition should be taken and the lessee signed an agreement.
(II) Main contents
1. Demolition compensation method, monetary compensation amount and payment period;
2 resettlement housing area, standard and location;
3. The payment method and time limit for the house price difference of property right exchange;
4 relocation period, relocation transition mode and transition period;
5. Payment standards and payment methods for relocation subsidies and temporary resettlement subsidies or losses caused by suspension of production or business;
6. Liability for breach of contract and dispute resolution;
7. Other terms agreed by both parties.
As for the specific content of each demolition compensation and resettlement agreement, it should also be different according to the different ways of demolition compensation. In case of monetary compensation, the agreement shall mainly specify the amount of compensation and the relocation period; The implementation of property rights exchange, the agreement mainly stipulates the structure, area and location of resettlement housing, relocation period, transition mode and transition period.
(3) It must be notarized
What needs to be explained here is that the demolition compensation and resettlement agreement concluded by the house managed by the demolition management department must be notarized by the notary office, that is, compulsory notarization. Through notarization, the authenticity and legality of the contents of the demolition compensation and resettlement agreement are guaranteed, which is conducive to eliminating the trustee's doubts about the agreement.
As can be seen from the above, when signing the house demolition agreement, we should pay attention to the fact that the blank agreement cannot be signed, the content of the agreement must have a clear responsibility for breach of contract, the verbal commitment can not be trusted, and it is necessary to be clear who to sign the agreement with.