The above analysis is for reference and needs accurate help. It is recommended to bring materials to communicate with a lawyer. Please evaluate the consultation in time after the consultation.
The telephone number on the right is limited to Beijing, and those who are interested in entrusting agents can contact other places. Please explain the purpose after connection.
Question 2: Is the contract signed by parents valid? If an adult is a person with full capacity without mental retardation, the contract signed by your parents privately is invalid.
Question 3: the sales contract signed by parents on behalf of their sons! Is it effective? If the son is underage, the contract will take effect after signing; if the son is an adult, it will take effect after ratification by the son, or the contract signed by the son will take effect.
Question 4: Is it legally efficient for parents to sign contracts instead of parents? Generally speaking, our country's laws stipulate that a person with civil capacity must sign an agreement by himself. If a person without civil capacity, such as a child who can't write, can't exercise civil capacity due to physical reasons (such as disability). ), he can ask someone to sign on his behalf, but he must have a witness or a specific form of authorization or punishment.
So in general, if the proxy signature is definitely invalid.
Question 5: Is it valid for parents to sign a contract to sell a house without your consent?
Question 6: Is the contract signed by family members valid? The contract must be signed by themselves. If I can't sign in person, I can entrust others (family members) to sign on my behalf, but I must issue my power of attorney, which indicates the authority and signature of the agent.
Question 7: Is the contract signed by parents legally recognized? If an adult is a person with full capacity without mental retardation, the contract signed by your parents privately is invalid.
Question 8: Is the agreement I signed valid without my father's knowledge? Some of them are effective. You can ask your local lawyer.
Question 9: Whether the second-hand house sales contract signed by parents is valid depends on the signature of the owner. Non-owners (including owners' relatives) must have a notarized power of attorney from the owners, and the original real estate license is mortgaged in the bank. Even if the owner sells it himself, he must redeem the certificate from the bank before the transfer. Now answer the second question: because the owner did not sign the contract and did not receive the deposit, the contract is invalid. If the contract is invalid, the deposit will not be doubled. Basically, it's asking your dad to return the money to the other party. The money must be returned, otherwise the other party can sue your father for fraud. That's basically it. I hope I can help you.
Question 10: Is the house sales contract signed by father or mother valid? There must be a power of attorney or notarial certificate signed by the client himself, and the authorization content must include signing the sales contract on behalf of the client. As long as you can show the power of attorney or notarial certificate when signing the contract, the contract is valid!
As a special sales contract, the house sales contract points out that the seller delivers the house, transfers the ownership to the buyer, and the buyer pays the price. The legal characteristics of housing sales contracts have both the general characteristics of sales contracts and their own inherent characteristics. This is mainly manifested in:
(1) The seller transfers the ownership of the house sold to the buyer, and the buyer pays the corresponding price;
(2) The house sales contract is a commitment, two-way and paid contract;
(3) The subject matter of the house sales contract is immovable property, and the ownership transfer registration must be handled;
(4) The house sales contract is a major legal act stipulated by law.
The subject matter of the house sales contract is relatively large and important, and the law stipulates that it should be concluded in writing. Article 40 of the Urban Real Estate Management Law stipulates that "a written transfer contract shall be signed for the transfer of real estate". Article 28 of the Regulations on the Development and Management of Urban Real Estate stipulates: "In the sale of commercial housing, both parties shall sign a written contract. ..... "The above provisions are the legal basis for determining that the house sales contract should be in written form. According to the provisions of laws and relevant judicial interpretations, the written forms of housing sales contracts should include the following:
(1) Formal house sales contract
Formal housing sales contract is the basic type of written housing sales contract, which generally includes the basic terms of housing sales contract such as housing location, structure, construction area, price and its payment term, delivery term, quality standard, property right transfer registration, etc. Although laws and regulations do not stipulate that buyers and sellers must adopt a unified text of the house sales contract, when handling the registration of property rights transfer, the house property registration authority often requires the use of the standardized contract text formulated by the competent construction department, otherwise it will not be registered. However, it does not affect the establishment and effectiveness of written housing sales contracts, because there is no unified contract text. In practice, when buying and selling commercial housing, it is required to use the format text uniformly produced by the competent construction department. However, before signing the formal contract text, the developer usually provides the subscription book, appointment agreement and other appointment contract texts for the buyers to sign, some of which have the nature of this contract and are equivalent to the house sales contract. There is no uniform requirement for the format of the second-hand housing sales contract. Generally, buyers and sellers will draft a house sales contract based on consensus, which will take effect after being signed and sealed by both parties and will be performed accordingly. The standard contract filled in by the property right registration authority will only serve as the registration document.
(2) Employment contracts with specific conditions.
Article 5 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts (hereinafter referred to as Judicial Interpretation on Commercial Housing Sales) stipulates: "The agreement on the subscription, ordering and reservation of commercial housing has the main contents of the commercial housing sales contract stipulated in Article 16. If the seller accepts the purchase price according to the agreement, the agreement shall be deemed as a commercial housing sales contract." According to the view of the First People's Court of the Supreme Court, the agreement on the subscription, ordering and booking of commercial housing is an appointment contract signed before the developer obtains the approval procedures for project establishment, planning and construction application and obtains the commercial housing sales license (in fact, the signing of the appointment contract is not limited to this period). In order to ensure the safety of transactions, protect the interests of the industry and promote the signing of contracts, an appointment contract with the actual performance conditions of the contract is deemed as this contract. The author believes that this provision of judicial interpretation, although well-intentioned, has a general effect and is easy to mislead. First of all, the main contents of the commercial housing sales contract stipulated in Article 16 of the Measures for the Administration of Commercial Housing Sales are as many as 13, while the reservation contracts such as subscription books are standard contracts drawn up by developers, with few contents of 13, so it is rare for buyers to protect their rights and interests according to this Article. Secondly, the basis for determining the nature of the contract is the content of the contract, not the name of the contract. If an appointment contract has the main contents of a commercial housing sales contract, it shall be recognized as a commercial housing sales contract and no longer has the nature of an appointment. Third, "the seller has accepted the payment as agreed" means that the sales contract has actually been fulfilled. Even if the appointment contract does not fully meet the main contents of the commercial housing sales contract stipulated in Article 16 of the Measures for the Administration of Commercial Housing Sales, as long as the subject matter is clear and the price is determined, it can be completely based on the relevant provisions of the Contract Law ... >>