1. Rights of owners and buyers

1.

Analysis of the provisions of the provisional sale and purchase agreement

1.1 The legal binding force of the provisional sale and purchase agreement Derived from four basic elements, each of which is indispensable:

Offer

Acceptance

Consideration/Consideration

Intention to Create Legal Relationship

1.2 The provisional sale and purchase agreement is a three-party contract involving:

Seller

Buyer

Property Agent

1.3 The date of the provisional sale and purchase agreement

shall not be less than one month from the transaction date

Stamp duty calculation period

If the transaction time is short, the provisional sale and purchase must be registered at the Land Registry to obtain priority

If the date is omitted on the provisional sale and purchase agreement, it can be based on the actual signing date fill. The date of the contract cannot be retroactively dated to avoid disputes in the future when one party wants to regret the contract. If the agent and the buyer signed a provisional sale and purchase agreement yesterday, but the owner only signed it today, the agent needs to change the contract date to today

1.4 The information of the buyer and seller must be recorded on the provisional sale and purchase agreement:

Name

Address

ID number

Buyer and seller information for printing and litigation

Buyer and seller Information such as mailing address, etc. must be filled in and cannot be omitted. There is a case where a buyer signed a provisional sale and purchase agreement with the owner and then disappeared. The owner planned to sue the buyer for regretting the contract but was unable to deliver legal documents. In the end, the owner sued the agent for negligence

1.5 The search shall prevail.

If there is no certificate of satisfaction registered on the search register, an additional clause that only equitable interests are resold must be added

1.6 Main terms

Must be clear and unambiguous. Otherwise, the contract may be invalidated

The main terms include:

"Property price"

"Payment term and method"

"Transaction date , avoid holidays"

"Whether the transaction is a good deal or not"

1.7 Issues caused by formal contracts

When buyers and sellers cannot reach an agreement on a formal contract, they will often There are different opinions on whether an additional deposit must be paid as scheduled. It actually depends on the terms contained in the preliminary sale and purchase agreement. Some provisional sales and purchase contracts in the market will indicate: "...an additional deposit will be paid when the formal sales contract is signed...". This clause states that the deposit will only be paid when the formal contract is signed. If there is no formal contract, the deposit will be paid. No additional payment is required; some provisional sales and purchase contracts indicate: "...the formal contract will be signed on a certain day of a certain month of a certain year.

"Pay additional deposit on a certain day of a certain year", it can be seen that regardless of whether a formal contract is signed or not, an additional deposit must be paid on the specified date

If there is a black rainstorm or a No. 8 typhoon signal is hoisted on the day when the formal contract is signed, the buyer The formal contract should be signed as scheduled on the date specified in the provisional contract

1.8 Deposit Terms

The terms must clearly indicate when the buyer's lawyer will release the deposit to the owner

Deleting the terms will bring certain risks to the buyer, because the lawyer will have to assign the contract to the owner if he has no choice.

1.9 "Nominator" or "Reseller"

If there is no special statement, the owner has no right to object to the buyer adding a "nominee" or "reseller"

Whether adding a "nominee" requires additional stamps depends on whether the "nominee" is accepted Exemption, if you are a parent, child, or spouse, no additional stamp is required

1.10 Debt exemption clauses

Mortgage

Charge

Maintenance order - if the owner reserves a sufficient sum of money with the lawyer's firm, the buyer cannot use this as a reason to cancel the contract

Unfinished contracts, etc.

1.11 Current settlement

The current situation refers to all the conditions that exist now, including visible or invisible.

Hidden or invisible damage - the owner is not responsible if he does not know

The owner must be responsible if he knows

1.12 Contracted properties

The owner must produce the original copy of the lease (printed)

The following arrangements must be noted for the property being sold with the lease:

"The property will be sold with the furniture, otherwise the original owner will not sell the property during the lease term." It is possible to recover the furniture from the new owner, causing unnecessary problems";

"Who owns the rent on the day of transaction";

"How to handle the deposit".

The commission can be waived or refunded

1.14 After signing the provisional sales and purchase agreement, the buyer and seller can freely switch law firms

1.15 The agent must be truthful about the commission paid by the buyer and seller. Fill in the report

1.16 printing fee

Starting from April 1, 1999, you can apply for an extension to be paid within 30 days of the transaction date. The extension fee is five hundred yuan

If the parking space and the residence are sold separately, once discovered, the full stamp fee will still have to be paid

If the building is purchased below the market value, *** the stamp fee can still be levied according to the market value

1.17 Furniture List

Delivery as is p> 1.18 Notes on the attached page

A formal contract will cancel the provisional contract together with the clauses on the attached page. The safest way is for the buyer and seller to sign the formal contract and then re-confirm the clauses on the attached page. page provisions. Common attachment provisions are as follows:

"Private Additional Terms for Unauthorized Alterations of Buildings";

"Additional Terms for Maintenance Orders";

"Sale and Leaseback "Terms";

"Terms for the buyer to borrow the property early for renovation".

1.19 Signature

Generally, companies can use offset printing and do not need to use steel seals (steel seals are used when signing property deeds). However, if there is no seal when signing a temporary contract, handwritten For and on Behalf of

You can also sign in your own name. Generally you cannot sign on behalf of others unless you hold a valid power of attorney

1.20 Types of power of attorney

Full authority

For rent only

For sale only

The property price can be signed for, but the check must be made payable to the owner.

Foreign power of attorney causes many problems. In order to avoid problems such as format inconsistency, it is best to have it negotiated in Hong Kong, China and then sent to the foreign country for signature

Pay attention to the validity period of the power of attorney. Please refer to: p/chi/tips/law.s, the answer is not what the question was asked. The questioner doesn’t know what he is doing.