Q: I signed a house sale contract with the landlord. During the proceedings, the court informed me to auction the house and asked me to issue a written preemptive right to the court. Otherwise, is it legal to give up my rights?

A: The Scout Law Online Consultation will answer your question.

Generally, the conclusion of a house sales contract requires the signatures of both parties, but some people forge the signatures of others for their own interests, thus signing the contract against one party's will. Then, is the house sales contract signed in this case valid?

A forged house sales contract signed by others shall be a forged contract. If one party to the contract doesn't know about signing the contract at all, then the contract has not reached a consensus, so the house sales contract has not been established. However, unless the unknown party ratifies the house sales contract.

First of all, according to the relevant provisions of Article 52 of the People's Republic of China (PRC) Contract Law, the contract is invalid under any of the following circumstances:

(1) One party enters into a contract by means of fraud or coercion, which harms the interests of the state;

(2) Malicious collusion that harms the interests of the state, the collective or a third party;

(3) Covering up illegal purposes in a legal form;

(4) damaging the public interest;

(5) Violating the mandatory provisions of laws and administrative regulations.

Therefore, forging others' signatures is an invalid contract that harms the interests of a third party. This kind of contract is invalid and cannot be supported by law.

Secondly, the legislation of contract law has always been centered on the spirit of contract. To reach a contract, both parties must reach an agreement. If no agreement is reached, the contract is not established.

Therefore, the forged house sales contract signed by others failed to reach an agreement because one party of the contract did not know, so the house sales contract was invalid.