Many people around us are aware of the real estate situation. When buying a house, many people have signed agreements for various reasons. However, when buying a house, people need to know whether these agreements are valid. , Only in this way can people's rights and interests be well protected. In order to reduce risks when everyone buys a house, today I will introduce to you whether the handwritten stipulations in the house subscription agreement are valid? What is the difference between an agreement and a contract?
Are the handwritten stipulations in the house subscription agreement valid?
Generally, handwritten contracts are valid, but if the following occurs when the buyer and seller sign the contract In some cases, the contract will be absolutely void.
1. When signing a contract, one or both parties use involuntary methods such as deception, threats, and coercion, which damages my country's national interests. The fraud we are talking about here means that the information told to the follow-up party is false, or the other party is deliberately not told the real information, allowing the other party to make a decision to sign the contract based on wrong or incomplete information. The coercion we are talking about here mainly refers to causing losses to the life, health, reputation, property, etc. of ordinary people or relatives and friends, or it can also use the reputation and property of a legal person as the most threatening to force the other party to sign a contract.
2. Collusion to intentionally cause damage to the interests of the country, individuals, and collectives. Specifically, it means deliberately colluding with others in advance to deceive the other party who signed the contract and other unreasonable behaviors. This in turn causes damage to national interests, collective interests, or the interests of third parties unexpected to both the buyer and the seller. For example, after the court's judgment comes into effect, the person subject to execution maliciously colludes with others to buy and sell a house owned by him or her to avoid the court's enforcement and harm the legitimate interests of the person applying for execution.
What are the differences between an agreement and a contract?
1. An agreement before the sale
As a developer, if you do not have the conditions to sign a formal "Commercial Housing Sales Contract" A kind of agreement, the subscription letter has the effect of guaranteeing the signing of the formal "Commercial Housing Sales Contract". If the subscription agreement does not violate the mandatory provisions of laws and regulations and meets the effective conditions stipulated in the agreement, the agreement will become legally effective, and both the developer and the purchaser shall enjoy the rights and perform their obligations in accordance with the agreement.
2. The house purchase contract is more detailed
If the subscription letter contains relatively clear stipulations on the house number, area, price, and the rights and obligations of both parties, then the subscription letter It can be thought of as a pre-agreed house purchase and sale contract. The formal "Commercial Housing Sales Contract" only makes more specific stipulations on the content of the subscription letter. If the above-mentioned content is not stipulated in the subscription letter, it is just a letter of intent to purchase a house and does not have the nature of a contract, so it will not be bound by the contract. force.
In other words, if it is a subscription letter that meets the conditions of a formal "Commercial Housing Sales Contract", its content should comply with the relevant provisions of the "Commercial Housing Sales Contract". Such as handling matters related to property rights registration; methods of resolving disputes; liability for breach of contract; other matters agreed by both parties, etc. When signing a subscription letter, home buyers should carefully consider the various terms in it, and focus on the terms regarding the deposit, the time for signing the formal commercial housing sales contract, and the effective and expiry time of the subscription agreement. You should pay attention to whether there are any overbearing clauses that exceed the scope of laws and regulations to avoid infringement of your legitimate rights and interests.
Are the handwritten stipulations in the house subscription agreement valid? What is the difference between an agreement and a contract? The above is the answer that everyone wants to know. Regarding the role of the agreement in the house sale process, everyone should know that when people buy a house, every small detail should be grasped, so that people's rights and interests can be better protected. Let people buy suitable houses.