What is written in the house sales contract?
If there are two people in the purchase contract, the developer can be held responsible. If you have any questions, you can contact my mobile phone at any time.
Don't worry, it doesn't matter if someone adds you to the real estate license. The purchase contract is legally binding on the shares. First, the contract is a prerequisite for obtaining the real estate license, and it is also a legal fact that occurred before the application; Second, according to the contract, the purchase contract shall prevail in future divorce and property division; Third, it doesn't matter if there is no other information about you in the contract. Just have a name. If the name is consistent with the name on your ID card and marriage certificate, you can identify it as the same person unless he gives an acceptable rebuttal; Third, after getting the real estate license, go to the real estate trading center to inquire whether the number of people can be changed (increased) before paying off the loan. If so, finish it as soon as possible, and your heart will be at ease. Default of real estate developer 1. The quality of the house does not meet the standards stipulated in the contract. When we choose a house and sign a contract, we decide the area and quality of the house. In actual operation, such as load-bearing wall and beam cracking; Water seepage in exterior walls, windows and bathrooms; The wall is not vertical; The occurrence of large-scale hollowing is actually a manifestation of the developer's breach of contract. In practice, housing quality problems can be divided into two situations: first, ordinary housing quality problems, developers have quality warranty responsibility. Second, there are serious housing quality problems. For example, if the main quality of the house is unqualified or seriously affects the use of the house, the buyer can claim to return the house and compensate for the losses. 2. Those who fail to apply for the real estate license within the time limit shall bear the liability for breach of contract in accordance with the contract. If the overdue permit exceeds a certain period, the buyer may claim to return the house. If the actual loss exceeds the liquidated damages agreed in the contract, you can claim compensation according to the actual loss. 3. If the publicity is inconsistent with the actual delivery of the house, the geographical location, base price, area, apartment type, decoration standard, community greening, property management and surrounding facilities of the house are inconsistent with the reality. This situation is also very common. It is not surprising that many people think it is false propaganda. In fact, it is the developer's default! 4. Unreasonable charges appear outside the contract and have no legal basis, such as handling fees; Area compensation; Property agency fee; Real estate license, household registration fee and so on. As mentioned above, after the termination of the purchase contract, the buyers still have to repay the loan. Then, after the termination of the purchase contract, how should the mortgage loan be repaid? Due to the cancellation of the purchase contract, all the purchase money obtained by the developer from the buyers should be returned to the buyers. Then, the buyer shall negotiate with the bank to repay the remaining loan principal and interest in advance (part of which has been repaid on a monthly basis) according to paragraph 5 of Article 32 of the General Rules for Loans: if the borrower repays the loan in advance, it shall negotiate with the lender. This repayment method is actually a theoretical practice, which is difficult to operate in practice, because the house purchased by the buyer has been mortgaged to the bank. If the buyer does not return the money to the bank after receiving it, the bank can only exercise the mortgage right and auction or sell the house purchased by the mortgaged buyer. But at this time, the house is no longer owned by the buyer, and the disposal of the house will harm the interests of the developer, and the developer will never suffer. Then, in practice, how to repay the mortgage loan after the termination of the purchase contract? In fact, only the developer can divide the refundable purchase price into two parts, and the part that belongs to the down payment of the buyers is directly returned to the buyers. The part that belongs to the loan borrowed by the buyer from the bank is directly returned to the bank, and it is deemed that the buyer has repaid the loan to the bank in advance. According to Article 30 of the Measures for the Administration of Individual Housing Loans of the People's Bank of China: "After the mortgagor or pledgor pays off all the loans as agreed in the contract, the mortgage or pledge will be returned to the mortgagor or pledgor, and the loan contract will be terminated", so as to accept the repayment and terminate the loan contract. Article 52 of China's "Guarantee Law" stipulates: "Mortgage and secured creditor's rights coexist, and if the creditor's rights are eliminated, the mortgage will also be eliminated." After the termination of the loan contract, the mortgage right is extinguished, and the parties concerned shall go through the relevant procedures for canceling the mortgage registration. The above are the answers to "How to deal with the loan contract after the termination of the house purchase contract" and "How to repay the mortgage loan after the termination of the house purchase contract". What buyers must remember is that the purchase contract and the mortgage loan contract belong to two different contracts. After the termination of the purchase contract, the loan contract is still valid and both parties must repay the mortgage. As for how to repay the mortgage loan after the termination of the purchase contract, in practice, it is generally returned directly to the bank by the developer.
1. The bank, as a third party with independent claim, filed a lawsuit or filed another lawsuit against the dispute over the commercial housing secured loan contract. Article 25 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts stipulates: "If one party to a commercial housing sales contract with secured loans requests to confirm that the contract is invalid or to cancel or terminate the contract, if the guarantor files a lawsuit as a third party with independent claims, it shall be tried together with the disputes over commercial housing secured loans; If no lawsuit is filed, only disputes over commercial housing sales contracts will be handled. If the guaranteed party files a separate lawsuit against the contract dispute of commercial housing secured loan, it can be tried together with the dispute of commercial housing sales contract. If the contract for the sale of commercial housing is confirmed to be invalid, revoked or dissolved, and the contract for the secured loan of commercial housing is also dissolved, the seller shall return the principal and interest of the house purchase loan and the purchase price to the guarantor and the buyer respectively. " 2. After the commercial housing sales contract is terminated, a lawsuit is filed to terminate the commercial housing secured loan contract. Article 24 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts stipulates: "If the purpose of the commercial housing secured loan contract cannot be achieved because the commercial housing sales contract is confirmed invalid or cancelled or dissolved, the parties concerned shall support it if they request to dissolve the commercial housing secured loan contract." 1. The subscription contract or house subscription agreement is an instrument signed by the buyers and sellers of commercial housing before signing the pre-sale contract or the sales contract, and it is a preliminary confirmation of the relevant matters of house transaction by both parties. To put it simply, the developer promises not to sell the house to a third person except the subscriber within a certain period of time, and the subscriber promises to negotiate with the developer on the purchase of the house according to the terms agreed in the agreement during this period. The main feature of this subscription behavior is that buyers and sellers agree to negotiate the future contract, rather than finally sign it. The subscription contract or house subscription agreement generally confirms the location, orientation, floor, house price and signing time of the commercial house sales contract to be purchased by the subscriber. The subscriber pays a certain amount of deposit or deposit to the developer before buying a house as a guarantee for signing the commercial housing sales contract. 2. The house purchase contract is an agreement reached between the buyer and the real estate development enterprise on the basis of equality, voluntariness and consensus in accordance with the Contract Law of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on Urban Real Estate Management and other relevant laws and regulations. The purchase contract is also an important basis for determining the owner of the property, handling the property right certificate and determining the owner.