1. If the house purchase contract is signed before the marriage certificate is obtained, that is, the house property before marriage, its name is on the house purchase contract, and only one person is needed to handle the real estate license;
If it is a house purchase contract signed during the marriage, then both husband and wife must go. No matter whose name is written on the real estate license, the other party must write a waiver agreement on the spot.
The real estate sales contract is signed as follows:
1. Negotiate specific matters such as house transaction price, house delivery and payment method;
2. Write a real estate sales contract. The contract should be specific and detailed, including the basic situation of the house, the purpose of the house, the description of the ownership of the house, the area, the price, the delivery time, the payment method, the liability for breach of contract, etc. ;
3. Both parties confirm the contents of the contract. Before signing the contract, read the contract carefully to ensure that the terms are in line with the wishes of both parties, and ask the other party questions in time if there is any ambiguity;
4. Sign the contract. After both parties confirm that it is correct, they will sign a real estate sales contract, sign it and affix their official seals. Real estate sales contract in duplicate, each party holds one copy;
5. Pay the deposit. After signing the contract, the buyer needs to pay a certain deposit to show his sincerity in buying a house;
6. transfer. When the house is delivered, the buyer and the seller need to go through the transfer procedures, including going to the real estate trading center to handle the transfer and paying taxes.
To sum up, before signing the contract for the sale of resettlement houses, it is suggested that the parties concerned should carefully understand the relevant laws, regulations and contract terms, ensure that the contents of the contract are legal and reasonable, and notarize them when necessary, so as to improve the legal effect of the contract and protect the rights and interests of the parties.
Legal basis:
Article 597 of the Civil Code of People's Republic of China (PRC)
If the ownership of the subject matter cannot be transferred because the seller has not obtained the right to dispose of it, the buyer may terminate the contract and require the seller to bear the liability for breach of contract.
Where laws and administrative regulations prohibit or restrict the transfer of the subject matter, such provisions shall prevail.
Article 598
The seller shall perform the obligation of delivering the subject matter to the buyer or delivering the documents for extracting the subject matter, and transfer the ownership of the subject matter.
Article 599
The seller shall deliver the relevant documents and materials other than the documents for taking delivery of the subject matter to the buyer in accordance with the agreement or trading habits.