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The purchase contract does not specify the delivery date. Is this contract legal?
1. There is no delivery date in the house purchase contract. Is this contract legal? The purchase contract does not clearly stipulate the delivery date, and the contract is legal. There is no agreed delivery date, which may be intentional by the developer. However, it is possible to find the developer and determine the delivery date with him and add it to the contract. The unclear terms of the contract shall not affect the establishment of the contract. As long as it is the expression of the true meaning of both parties, the contract is legal. Basically, in the form of mortgage payment, the time of loan payment is not controlled by you, but paid by the bank. Therefore, whether it is a first-hand sale or a second-hand sale, it is only stipulated that the information for applying for a loan should be submitted to the bank on time. As for when the bank approves and when it can lend money, it is not up to the buyers and sellers to decide. (Unless otherwise agreed by both parties, in order to ensure that the owner can get the loan as soon as possible after the same loan is issued, the buyer shall cooperate with the fast loan business. Therefore, it is not your default responsibility to pay the provident fund loan too late. Article 502 6868 of the Civil Code (effective as of 202 1 1) A legally established contract shall take effect upon its establishment, unless otherwise provided by law or agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations. The modification, assignment and dissolution of a contract shall be subject to the provisions of laws and administrative regulations, and the provisions of the preceding paragraph shall apply and shall be subject to approval. Two. Matters needing attention in house purchase contract 1. The Buyer and the Seller shall carefully read the contents of this contract. If they have different understandings of contract terms and technical terms, they can consult the local real estate development authorities. If there is no objection, it shall be deemed that both parties agree. 2. Before signing the contract, the seller shall show the relevant certificates and supporting documents provided by the seller to the buyer. 3. The terms of the contract shall strictly abide by the provisions of the Civil Code, People's Republic of China (PRC) Urban Real Estate Management Law and other relevant laws and regulations, and the Ministry of Construction and the State Administration for Industry and Commerce shall be responsible for the interpretation. Third, conclude a house purchase contract and sign a formal house purchase contract. At the proposed time and place, the purchaser prepares all the documents and formally signs the purchase contract with the developer or agent. The difference between pre-sale contract (auction house) and sales contract (existing house): The purchase contract generally includes two types: the pre-sale contract of commercial housing (auction house) and the sales contract of commercial housing (existing house). The difference between the two is that the pre-sale contract is adopted for the pre-sale of commercial housing, and the house is delivered after completion. After the buyer has paid off all the house payment, he can go through the transfer formalities directly. Commercial housing sales contracts are applicable to the sale of existing commercial housing (commercial housing with property right certificate after completion and acceptance). Therefore, the pre-sale contract signed now will not be signed when the house is handed over, and the transfer formalities can be directly handled. If the pre-sale contract was signed before1May 3, 9971,it is still necessary to sign the sales contract according to the contract itself before registering in registered permanent residence. The main contents of the house purchase contract include the following aspects: 1, Party A's land use basis and commercial housing situation, including location, area, existing house, forward delivery house, etc. 2. House prices, including taxes and fees, handling of area differences, and special agreements on price and fee adjustment; 3 payment agreement, including preferential terms, payment time, payment amount, liability for breach of contract, etc. 4. Delivery agreement, including time limit, liability for overdue breach of contract, design change agreement, house handover, liability of the defaulting party, etc. 5, quality standards, including decoration, equipment standards, commitment and liability for breach of contract, infrastructure, public * * * supporting the normal operation of the building commitment, quality dispute handling, etc. ; 6, property registration and property management agreement; 7. Warranty responsibility; 8. Party B's right to use; 9. A dispute arbitration institution recognized by both parties; 10, liability for breach of contract; 1 1, other related matters and accessories, including house plan, decoration, equipment standards, etc. Property buyers should pay special attention to the following basic issues when signing the above terms: 1, the content of the house purchase contract should be as comprehensive and detailed as possible, and the terms should avoid conflicts, especially those with national policies and regulations; Written expression should be clear and accurate; The identities and responsibilities of the buyers and sellers who sign the contract should be clear. For example, Party A (the seller) in the contract should not be an agent or lawyer, but should be the investment and construction unit of the project approval document, and should not sign the contract in the name of the superior competent unit or the subordinate institution. The signatory shall be the legal representative himself or the principal responsible person authorized by the Articles of Association. 2. The project name on the contract must be associated with the project location to avoid future differences. When indicating the project location, it must be specific and clear, such as: building ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× 3. The grade and decoration standard of the house are generally attached to the purchase contract in the form of attachments, and the expression of this content must be detailed and specific. Such as technology level, material brand, internal facilities type, load standard, supply capacity and so on. To what extent should facilities such as water, heating, electricity and communication be specific? 4. Others, such as payment methods and property rights guarantees, should be explained in detail. At the same time, the contract must determine the method of the property management unit or the specific property management unit and the charging standard of the property, and clearly stipulate the warranty period of the overall structure of the house, supporting facilities and its components in various parts. 5. The agreement on the liability for breach of contract must be equal, otherwise the ultimate loss is the consumer. Generally, the default items that bear the liability for breach of contract include: (1) After the subscription book is signed, the buyer refuses to buy a house or asks for a house change, and the developer refuses to sell a house or asks for a house change; (2) The buyers failed to pay on time; (3) The developer fails to deliver the house on schedule; (4) the area changes beyond the agreed scope; (5) Housing decoration standards and quality do not meet the requirements, and the warranty is not in place; (6) The procedures for the transfer of property rights are incomplete or cannot be handled on schedule. To sum up, if the purchase contract is incomplete and unclear, then you can ask the developer to confirm or supplement it again. If the developer refuses without reason, you can ask for compensation directly according to legal procedures. Therefore, when signing a contract, you must read it clearly and carefully, and often some details can easily cause your own losses.