What should be included in the agreement on the guarantor of selling houses?
1. What should be included in the house purchase and sale guarantor agreement? According to Article 684 of the Civil Code, the guarantee contract shall include the following contents: (1) the type and amount of the principal creditor's rights to be guaranteed; (2) The time limit for the debtor to perform the debt; (3) the method of guarantee; (4) the scope of guarantee; (5) Guarantee period; (six) other matters that both parties think need to be negotiated. If the guarantee contract does not fully comply with the provisions of the preceding paragraph, it may be supplemented. Article 686 The forms of warranty are: (1) General warranty; (2) Joint and several liability guarantee. Article 687 A general suretyship is a suretyship in which the parties stipulate in the suretyship contract that the surety shall bear the suretyship liability when the debtor fails to perform the debt. The guarantor of a general guarantee may refuse to undertake the guarantee liability to the creditor before the main contract dispute has been tried or arbitrated and the debtor's property has been enforced according to law. 2. The guarantee agreement must be in written form and signed by the guarantor. Second, what does a guarantor do? A guarantor is a guarantor. According to the provisions of the Civil Code, the third party and the creditor agreed that when the debtor fails to perform the debt, the guarantor shall perform the debt or bear the responsibility as agreed. The third party here is the guarantor, including legal persons, other organizations or citizens who have the ability to pay off debts on their behalf, and the creditors here are both creditors of the principal debt. Here-performing the debt or taking responsibility according to the agreement-is called guarantee debt, and some people call it guarantee responsibility. According to the provisions of the Civil Code, the guarantor's guarantee responsibilities include: 1. The scope of guarantee includes the principal creditor's rights and interest, liquidated damages, damages and expenses for realizing creditor's rights. If there are other provisions in the guarantee contract, such provisions shall prevail. Where the parties have not agreed on the scope of guarantee or the agreement is unclear, the guarantor shall be liable for all debts. 2. During the guarantee period, if the creditor transfers the principal creditor's rights to a third party according to law, the guarantor shall continue to undertake the guarantee responsibility within the original guarantee scope. If there are other provisions in the guarantee contract, such provisions shall prevail. 3. During the guarantee period, if the creditor allows the debtor to transfer the debt, it shall obtain the written consent of the guarantor, and the guarantor shall no longer bear the guarantee responsibility for the debt transferred without his consent. 4. If the creditor and the debtor agree to change the main contract, they shall obtain the written consent of the guarantor. Without the written consent of the guarantor, the guarantor will no longer bear the guarantee responsibility. If there are other provisions in the guarantee contract, such provisions shall prevail. 5. If the guarantor of general guarantee and the creditor have not agreed on the guarantee period, the guarantee period shall be six months from the expiration of the performance period of the principal debt. If the creditor fails to bring a lawsuit or apply for arbitration to the debtor during the guarantee period stipulated in the contract and the guarantee period stipulated in the preceding paragraph, the guarantor shall be exempted from the guarantee liability; If the creditor has filed a lawsuit or applied for arbitration, the provisions on interruption of limitation of action shall apply during the guarantee period. 6. If the guarantor of joint and several liability guarantee and the creditor have not agreed on the guarantee period, the creditor has the right to require the guarantor to assume the guarantee responsibility within six months from the date of expiration of the independent debt performance period. If the creditor fails to require the guarantor to assume the guarantee responsibility during the guarantee period agreed in the contract and the guarantee period stipulated in the preceding paragraph, the guarantor shall be exempted from the guarantee responsibility. 7. The guarantor guarantees the continuous creditor's rights according to Article 690 of the Civil Law. If the guarantee period is not stipulated, the guarantor may notify the creditor in writing to terminate the guarantee contract at any time, but the guarantor shall be liable for the creditor's rights that occurred before notifying the creditor. 8. If the same creditor's right is secured by two things, the guarantor shall be liable for the creditor's right other than the guarantee of things. If the creditor waives the property guarantee, the guarantor shall be exempted from the guarantee liability within the scope of the creditor's waiver of rights. 9. If a branch of an enterprise as a legal person enters into a guarantee contract with a creditor without the written authorization of the legal person or beyond the scope of authorization, the contract is invalid or the part beyond the scope of authorization is invalid. Creditors and enterprise legal persons who are at fault shall bear corresponding civil liabilities according to their respective faults; If the creditor is not at fault, the enterprise as a legal person shall bear civil liability. In the process of buying and selling houses, guarantors are mostly second-hand housing transactions in the market. If the sales agreement can be performed normally, it will not bring any risk to the guarantor itself. However, whether the buyer breaches the contract or the seller breaches the contract, the guarantor may bear the legal responsibility of cross default according to the guarantee method voluntarily undertaken by the guarantor, and the guarantor shall be informed of any changes between the buyer and the seller.