In practice, a house purchase contract is generally signed when the down payment is made.

According to the first paragraph of Article 16 of the "Measures for the Administration of Commercial Housing Sales", when commercial housing is sold, the real estate development enterprise and the buyer shall enter into a written commercial housing sales contract.

Article 22 stipulates that if the conditions for the sale of commercial housing are not met, the real estate development enterprise shall not sell commercial housing and shall not charge the buyer any fees in the nature of reservation payment. If the conditions for the sale of commercial housing are met, and the real estate development enterprise charges the buyer a reservation fee before concluding a commercial housing sales contract, the fees collected shall be used against the purchase price when the commercial housing sales contract is concluded; if the parties fail to conclude a commercial housing sales contract, The real estate development enterprise shall return the fees collected to the buyer; if there is any other agreement between the parties, such agreement shall prevail.

The commercial house sales contract should specify the following main contents:

(1) Name or address of the parties;

(2) Basic conditions of the commercial house;

(3) Sales method of commercial housing;

(4) Determination of the price of commercial housing, total price, payment method and payment time;

(5) Delivery for use Conditions and dates;

(6) Decoration and equipment standard commitments;

(7) Supporting infrastructure and public facilities such as water supply, power supply, heating, gas, communications, roads, and greening. *** Facilities delivery commitment and related rights and responsibilities;

(8) Ownership of property rights of public *** supporting buildings;

(9) How to deal with area differences;< /p>

(10) Matters related to property rights registration;

(11) Methods of resolving disputes;

(12) Liability for breach of contract;

1. The process of paying down payment when buying a house is as follows:

1. The buyer and seller sign a contract to confirm their intention to buy and sell the house;

2. The buyer pays the down payment and obtains Down payment voucher;

3. The buyer and seller bring all the required materials to handle the transfer and loan;

4. The buyer and seller complete the transfer and hand over the house.

2. Please note the following when making down payment:

1. Verify the developer’s five certificates. It is necessary to verify the developer’s land certificate, construction land planning permit, and commercial housing pre-sale permit. If these two certificates are accurate, there is no problem in general, especially the pre-sale permit;

2. Note Read the terms of the contract. The text of the house sales contract must be standardized. You can download and print it from the website of the Real Estate Bureau. Read it yourself first. When signing the contract, you must read it carefully and fill it out carefully;

3. Clarify the delivery time, Liability for breach of contract. The seller's liability for breach of contract for late delivery of the house must be paid attention to whether there is compensation for delayed delivery. This means that the delivery date must be confirmed. The delivery date must be clear to the year, month and day, and do not accept any unreasonable terms that are wordy;

4. Confirm the pricing method and payment terms. Clearly understand the pricing method, total price and payment terms. The price per square meter should be clearly stated in the contract. If it includes other expenses, it should also be listed. Whether the payment is a lump sum, payment in installments, cash payment or bill payment, etc. ;

5. Confirm the area and deal with area differences. The commercial housing sales management method clearly states that if the purchased commercial housing has a difference in area, the contract will be implemented in accordance with the agreement;

6. Confirm whether the rights and obligations in the contract terms are equal. You must pay attention to whether the rights and obligations in the content filled in by both parties in the contract terms are equivalent, and promptly put forward your own modification opinions. The main place to study is the supplementary part of the developer's contract. Be careful not to harm your own interests or give up your own rights. Relevant rights, signing a contract is a very serious matter, and it is also a legal act, so it is very important to understand before signing the contract;

7. Be sure to confirm whether the delivery date is confirmed. Delayed delivery due to lack of funds is common. Developers often make a fuss in pre-sale contracts, such as only stating the completion date but not the delivery date.

Legal Basis

Article 22 of the "Measures for the Administration of Commercial Housing Sales"

If the conditions for the sale of commercial housing are not met, the real estate development enterprise shall not sell commercial housing or sell commercial housing to The buyer charges any fees of a reservation fee nature. If the conditions for the sale of commercial housing are met, and the real estate development enterprise charges the buyer a reservation fee before concluding a commercial housing sales contract, the fees collected shall be used against the purchase price when the commercial housing sales contract is concluded; if the parties fail to conclude a commercial housing sales contract, The real estate development enterprise shall return the fees collected to the buyer; if there is any other agreement between the parties, such agreement shall prevail.