Legal analysis
When buying a house, it is generally to pay a deposit first, and then sign a sales contract, and the developer can sign it only after completing the online filing. So the buyer may not have an online sign when paying the down payment. In this case, you must ask the developer for a down payment certificate, otherwise there will be trading risks. As the name implies, the down payment is the method of payment for the first house purchase, and its amount and delivery time are determined according to the relevant provisions of the house purchase contract. So this is not based on the contract signed by both parties. Matters needing attention when signing a contract when buying a house should first remind yourself to ensure the integrity of the project certificate before deciding to pay the deposit and sign the contract. You can go to the sales department to check. If the contract is signed online, the contract is also established online, not for yourself, and it is impossible to unilaterally breach the contract. There is no online sign. There is a shopping receipt. Don't worry. If you want a loan, please pay the deposit first. Then suggest that the buyer ask for a formal invoice. You have to pay the bill out of your own pocket, not with an invoice. If in doubt, it is best to go to the housing management department in the area where the project is located to verify whether to accept the contract filing of the project. As an ordinary developer, you can complain directly here. If you are a liar, you can call the police.
Attention should be paid to the following matters when signing this contract:
First, review whether the developer holds the pre-sale permit for commercial housing; Developers holding pre-sale permits usually also hold land use permits, planning permits, construction permits, etc. Whether the house can get the real estate license is the key.
Two, the use of real estate management departments printed standard housing sales contract text, fill in this clause item by item.
Three. Matters needing attention in signing the house purchase contract: both parties should pay attention to whether the rights and obligations are equal when filling in the contents of the house purchase contract.
Fourth, pay attention to whether the payment method of house sale is standardized. The amount, term, method and liability for breach of contract agreed in the contract.
5. Whether the delivery date has been determined. Due to lack of funds, developers can't afford the house payment. Developers often make a fuss about the pre-sale contract, for example, only indicate the completion date, not the delivery date.
legal ground
Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Disputes over Commercial Housing Sales Contracts Article 5 The agreement on the subscription, ordering and reservation of commercial housing has the main contents of the commercial housing sales contract stipulated in Article 16 of the Measures for the Administration of Commercial Housing Sales. If the seller accepts the purchase price according to the agreement, the agreement shall be deemed as a commercial housing sales contract.