Legal basis: Article 10 of the Administrative Measures for the Pre-sale of Urban Commercial Housing. Where commercial housing is pre-sold, the development enterprise shall sign a pre-sale contract with the winning bidder. The development enterprise shall, within 30 days from the date of signing the contract, go to the real estate management department and the land management department of the people's government of the city or county to handle the registration and filing procedures for the pre-sale contract of commercial housing.
Real estate management departments should actively apply network information technology and gradually implement online registration and filing of commercial housing pre-sale contracts.
Commercial housing pre-sale contract registration procedures can be entrusted to an agent. If an agent is entrusted, there shall be a written power of attorney.
People's Republic of China (PRC) Civil Code
Article 143 A civil juristic act that meets the following conditions is valid:
(1) The actor has corresponding capacity for civil conduct;
(2) the meaning is true;
(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
Article 470 The contents of a contract shall be agreed upon by the parties, and generally include the following clauses:
(1) The name and domicile of the party concerned;
(2) Subject matter;
(3) quantity;
(4) quality;
(5) Price or remuneration;
(6) Time limit, place and method of performance;
(7) Liability for breach of contract;
(8) Methods for resolving disputes.
The parties may conclude a contract by referring to the model texts of various contracts.
Article 490 Where the parties conclude a contract in the form of a contract, the contract is formed when the parties sign, seal or fingerprint it. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.