Is the house sales contract signed privately by both parties valid?
The house sales contract signed privately by both parties is generally valid.
Is the house sales contract valid only with the signature of one spouse?
It depends on whose name it is registered. It is generally believed that it is usually difficult for buyers to know whether the signatory intentionally damages the rights of the other party. At the same time, due to the great value of real estate, it is not in line with the law to assume that husband and wife have the authority to act as agents for each other. Therefore, the key to determine the validity of the contract is whose name the property is registered in.
1. The principle of publicity is the real right of real estate. When a sales contract is signed by one of the husband and wife, the buyer has the obligation to check the name of which house is registered. When registered in the names of husband and wife or the non-signatory of the contract, the buyer only signs the contract with one of the husband and wife, and it cannot be easily determined that the buyer is in good faith without the authorization of the other husband and wife, because the law stipulates that the person who has no right to dispose of other people's property, if the person who has been ratified by the right holder or has no right to dispose of it obtains the right to dispose of it after signing the contract, the contract is valid. Therefore, in this case, the contract is a contract with undetermined validity and needs to be ratified by the other spouse.
2. If the house is registered in the name of the signatory of the husband and wife, then the contract shall be deemed as valid, because the buyer only has the obligation to formally review the property rights of the house, and the Civil Code stipulates that the property right certificate of the house is the proof of the ownership of the real estate, and the buyer can believe that the seller in the house sales contract is the only property owner and has the right to dispose of the house. The buyer has no obligation to examine whether the seller is married or not, and whether the transferred house is the same property as the husband and wife registered in only one name.
Legal basis:
Article 49 of the Civil Code
If the parties conclude a contract in the form of a contract, the contract shall be formed when all the parties sign, seal or fingerprint it. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.
a contract shall be concluded in writing as stipulated by laws and administrative regulations or agreed by the parties. if the parties fail to do so in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.