It is also legally binding. Under normal circumstances, online signing has certain legal effect, but it is best to sign a paper contract after signing online to ensure that the contract is valid. But there are also special circumstances. For example, after signing online, if both parties actively fulfill their contractual obligations, the online signing will have ultimate effect.

Legal Analysis

1. The effectiveness of the online signing of commercial housing sales: It is illegal for developers to sell houses without a pre-sale license, and the commercial housing sales contract will be invalid. When there is a pre-sale license, failure to sign online will prevent the buyer from transferring the property normally, and will not prevent the developer from selling two units in one house. Online signing is of great significance to protect the transaction security of home buyers and can effectively avoid fraud by developers. However, the online signing is generally not the final contract. It is only a link in the conclusion of the contract. The final contract validity is based on the paper contract. The contents of the online signing and the paper contract should be consistent. 2. The effectiveness of online signing of second-hand house sales: Similarly, the validity of second-hand house sales contracts also has the effect of preventing sellers from selling two houses, deceiving house buyers and regulating second-hand house transactions. On the one hand, after signing online, even if the seller sees that the house price has increased and wants to break the contract and sell to a third party, he must cancel the online signing. Generally, cancellation can only be done by the buyer or both parties (including authorized agents) to the Construction Committee or Housing Authority together. In order to cancel, it requires the assistance of the buyer, otherwise the seller cannot dispose of the house that has been signed online. Therefore, once the seller breaks the contract, under normal circumstances, the buyer only needs to sue the seller to perform the contract according to law, and does not need to apply to the court for property preservation before or during litigation. But similarly, in second-hand housing transactions, online signing is also a link in the house buying and selling process. It is not the final contract text. Only the final paper contract, which is commonly known as the fifth step of the transaction process: the second part of the printed contract is final contract.

Legal Basis

Article 490 of the "People's Republic of China and Civil Code" If the parties conclude a contract in the form of a contract, both parties shall sign, seal or press A contract is formed at the time of fingerprinting. Before signing, sealing or fingerprinting, one party has performed its main obligations and the contract is established when the other party accepts it. Laws and administrative regulations stipulate or the parties agree that a contract should be concluded in written form. If the parties do not use written form but one party has performed its main obligations and the other party accepts it, the contract is established.