According to the relevant provisions of Article 77 of Chapter 5 of the "Contract Law of the People's Republic of China" on the Change and Transfer of Contracts and the provisions of Article 21 of the "House Registration Measures", in the house Before the registration agency records the application for registration in the house registration book, the commercial housing sales contract can be changed (including name change). Contract filing is only an administrative means and cannot violate legal provisions.
"Contract Law of the People's Republic of China":
Article 77 The parties may modify the contract if they reach consensus through consultation.
If laws and administrative regulations stipulate that approval, registration and other procedures are required to change a contract, such provisions shall apply.
Article 78 If the parties’ agreement on the content of the contract modification is unclear, it is presumed that the contract has not been modified.
Extended information:
Registration procedures
Online filing and registration procedures for commercial housing sales contracts
1. The development company submits the commercial housing sales online< /p>
The development company logs in with the password to the "online office platform" of the Property Rights Market Department of the city's Land Resources and Housing Administration Bureau, and submits the signed and effective commercial housing sales online. Submission of work is not restricted by time and place and can be submitted at any time.
2. The Property Rights Market Department confirms the submitted commercial housing sales
The Property Rights Market Department checks the commercial housing sales contract submitted by the development company online, confirms it if it is correct, and generates a contract registration number . Registration working hours are working hours on weekdays.
3. The development company fills in the registration number.
The development company will fill in the contract registration number in the corresponding position on the cover of the commercial housing sales contract, and the contract registration will be completed. The development company shall hand over the original copy of the contract to the buyer. If the buyer takes a loan to purchase a house, the development company should hand over the original contract to the buyer after completing the mortgage registration and other procedures.
4. The development company submits the contract registration form
The development company fills in the "Commercial Housing Sales Contract Registration Form" based on the registered commercial housing sales contract, prints it, and stamps it with the company's official seal , submit in duplicate to the Property Rights Market Department.
The format of the sales contract registration form is the same as the registration form used. The registration form can be obtained from the Property Rights Market Office, or can be downloaded from the "Office Functions" on the home page of the Property Rights Market Office.
5. Stamp of the Property Rights Market Department
The Property Rights Market Department will check the registration form submitted by the development company. If it is correct, it will stamp "Land Resources and Housing Management" on the registration form. "Special seal for registration of commercial housing sales contract", one copy should be kept on file and the other copy should be returned to the development company.
The development company can go to the real estate transaction management center to handle mortgage registration and other procedures with the stamped registration form and the registered commercial housing sales contract.
Baidu Encyclopedia-Commercial Housing Sales Contract