Current location - Quotes Website - Personality signature - Can a contract be valid if it is not signed with the real estate deed owner?
Can a contract be valid if it is not signed with the real estate deed owner?

As long as there is a written power of attorney from the home buyer, the agent’s signature is valid. Whether a contract is valid depends on whether both parties signing the contract have legal status. It depends on whether the party concerned ratifies it. If ratified, it will be valid. If it is denied and there is no entrustment procedure, it may result in invalidity.

Legal Analysis

Whether a contract is valid depends on whether both parties signing the contract have legal status. The purchase contract generally requires the signature of the purchaser, which is a citizen's right. Because relevant laws stipulate that the contract shall take effect after being signed by both parties. If the home buyer is indeed unable to sign due to special circumstances, he or she may entrust another citizen in writing to act as his or her agent to sign and fingerprint. As long as there is a written power of attorney from the home buyer, the agent's signature is valid. As a kind of civil legal act, a contract is the product of the consensus of the parties and an agreement between two or more parties with consistent expressions of intention. A contract is legally binding only if the expressions of intention made by the parties are legal. A contract established in accordance with the law takes effect from the date of establishment and is legally binding. If the property owner has completed the entrustment and the entrustment is notarized, it will be legally binding. Otherwise, it will be invalid because others have no right to deal with the property. When signing a contract for buying a house, it must be signed by the person named on the real estate certificate, or by another person authorized by the person named on the real estate certificate to sign on his behalf. Because only the person with the real estate certificate is the owner of the house and has the right to make decisions on the transfer of the house.

Legal Basis

"The People's Republic of China and the Civil Code"

Article 119 A contract established in accordance with the law shall be legally binding on the parties force.

Article 502 A contract established in accordance with the law shall take effect from the time of its establishment, unless otherwise provided by law or otherwise agreed upon by the parties. In accordance with the provisions of laws and administrative regulations, if the contract should be subject to approval and other procedures, the provisions shall be followed. If the failure to go through approval and other procedures affects the effectiveness of the contract, it will not affect the effectiveness of the contract's obligation clauses such as submission for approval and related clauses. If the party that should go through the application approval and other procedures fails to perform its obligations, the other party may request that it bear liability for violating such obligations. In accordance with the provisions of laws and administrative regulations, if the modification, transfer, termination, etc. of a contract require approval and other procedures, the provisions of the preceding paragraph shall apply.