The house transfer agreement is a contract about the transfer of real estate. It is valid as long as it meets the conditions for the establishment of the contract.
When signing a house transfer agreement, the intentions of both parties should be true, they should abide by laws and administrative regulations, respect social ethics, and should not disrupt the social and economic order or harm the interests of the public. It is not allowed to conclude a contract by means of fraud, coercion, etc., and stipulate the location, area, age, price, performance period and method, liability for breach of contract, method of resolving disputes, etc. As long as these conditions are met, the house transfer agreement is valid. .
In addition, in the house transfer agreement, as an individual, your signature or fingerprints are legally binding. During the process of signing the contract, the signatures and fingerprints of the parties to the contract are all verification of the content of the contract. Confirm and express your intention to be bound by the contract.
It should be noted that the effectiveness of the house transfer agreement does not mean the transfer of house property rights. To realize the transfer of house property rights, it is necessary to go to the local housing management department to complete the transfer registration.
What are the methods of real estate transfer? The main transfer methods are:
1. House sale: The transferor transfers the real estate to the transferee, and the transferee obtains the property rights and pays Corresponding price. This behavior implements the principles of equality, voluntariness, and compensation of equal value. It must be noted that in urban real estate transactions, only the use rights can be transferred, and the ownership still belongs to the state.
2. House donation: The ownership of urban public housing belongs to the state, and user units or individuals are not allowed to donate it; the donation of land use rights does not involve land ownership issues.
3. Other legal methods:
① Use real estate as shares, establish a corporate legal person with others, and the property rights of the house change; one party provides land use rights;
② Another party or parties provide funds for joint venture or cooperative development and operation of real estate, resulting in changes in real estate rights;
③ Due to the acquisition, merger or consolidation of the enterprise, the ownership of the real estate is transferred accordingly
④ Using real estate to pay debts;
⑤ Other situations stipulated by laws and regulations.
Legal basis:
According to Article 143 of the Civil Code, a civil legal act is valid if it meets the following conditions:
(1) Actor Have corresponding capacity for civil conduct;
(2) The expression of intention is true;
(3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
Article 144: Civil legal acts performed by persons without capacity for civil conduct are invalid.
Article 490: If the parties conclude a contract in the form of a contract, the contract shall be established when both parties sign, seal or fingerprint the contract. Before signing, sealing or fingerprinting, one party has performed its main obligations and the contract is established when the other party accepts it. Laws and administrative regulations stipulate or the parties agree that a contract should be concluded in written form. If the parties do not use written form but one party has performed its main obligations and the other party accepts it, the contract is established.