After the buyer and the developer sign the purchase contract, the developer will take the contract to the Housing Authority for filing, but because the developer often accumulates a certain number of contracts at hand, he will go to the Housing Authority for centralized filing, but the longest time shall not exceed 30 days.
After the real estate development project has obtained the pre-sale permit and advance notice registration of commercial housing, the real estate development enterprise shall, within 30 days from the date of signing the commercial housing sales contract with the winning bidder, apply to the real estate transaction management department within the project area for filing the pre-sale contract of commercial housing.
The real estate registration department can handle the house registration formalities within 7 working days according to the complete information provided by the buyers. For those who meet the conditions for contract filing, the real estate registration department shall affix a "special seal for the filing of pre-sale contract of commercial housing" on the "commercial housing sales contract" to indicate it. Property buyers can check the publicity in the city real estate market information network.
I. Overview of House Purchase Contract
In general, there are four complete purchase contracts: two for the developer, one for the housing management department and one for the buyer. However, if the buyer wants to apply for a bank mortgage, the contract owned by the buyer should be placed in the bank. After the buyer and the developer sign the house purchase contract, the contract is the legal certificate for the buyer to purchase the house, and the developer needs to bring all four contracts to the housing management department when handling the property right certificate.
Therefore, we should take good care of our own purchase contract, and if it is accidentally lost, we must take corresponding remedial measures in time.
Two, five kinds of remedies for the loss of sales contracts under different circumstances
1. If the buyer loses the contract before the pre-sale registration of the purchase contract, it is only necessary to void the remaining contract and re-sign the contract with the developer. The cost that the buyer needs to pay is the cost of a contract, around 50 yuan.
2. If the buyer loses the contract after completing the pre-sale registration of the house purchase contract and before starting to apply for bank mortgage, the measure taken is to publish a statement in the newspaper that the contract is invalid. After the expiration of three months, the organ holding the pre-sale registration shall apply for cancellation of the signed contract, and then re-sign the contract with the developer before the pre-sale registration can be done. During this period, the buyer needs to pay the cost of publishing the statement, the contract fee and the stamp duty of the new contract.
3. After the pre-sale registration of the house purchase contract is completed, if the buyer loses the contract after handling the bank mortgage, in addition to the formalities in the second case, the buyer must also sign a change agreement with the bank that handles the loan and put the new contract into the bank pledge, because the original house purchase contract has been cancelled and replaced by a new contract, that is to say, the contract number of the house purchase contract in the loan contract signed by the buyer and the bank has changed. Although the content of the house purchase contract has not changed, according to the contract law, the loan contract has changed and it is necessary to sign a change agreement with the bank. During this period, the fees that buyers need to pay are basically the same as in the second case.
4. If you buy an auction house without real estate registration, you can go to the real estate management department and land management department of the local people's government (at or above the county level) to inquire. The development and operation enterprise shall sign a pre-sale contract for commercial housing with the winning bidder, and the pre-seller shall go through the registration formalities with the above two departments within 30 days from the date of signing the contract. If property buyers can register their property rights in time, they naturally don't have to worry about the inconvenience caused by the loss of contracts and receipts.
5. If you buy an existing house, it should be aimed at the house sales contract. China implements the registration system, that is, the housing sales contract must go through the formalities of housing transfer registration before it can be effectively established. Without registration, the law does not protect it. If we can operate according to the procedures prescribed by law, we will put an end to the hidden dangers caused by accidental loss.
Legal basis:
Article 490 of the Civil Code of People's Republic of China (PRC): If the parties conclude a contract in the form of a contract, the contract is concluded 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.
A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.