That is, the determination of buyers and the review of sellers. Determining in whose name to buy a house may involve his transfer and inheritance in the future. At the same time, be careful not to buy a house in the name of others easily, which leads to many disputes; Sellers should be developers, with a few exceptions. Property buyers should ask them to provide the original business license, check whether they have passed the latest annual inspection, whether they are stamped with the annual inspection mark, and whether there are real estate development and sales contents in the business scope. If there is no corresponding qualification, it will lead to illegal development and sales, and such real estate cannot be bought.

2. Sales advertisements are even more jaw-dropping.

Many house purchase lawsuits are caused by advertisements. In the promotion of real estate, it has become a trend for developers to use compliments too much. Developers try their best to package the planning environment and price of real estate, and make a big fuss about building a sand table model directly facing the sales ladies of buyers, so that buyers feel that they have bought "cheap": the environment is beautiful, the price is low, and they can enjoy the meticulous humanistic care of developers. In fact, once the property buyers get the keys and step into their own houses, they often find that the various beautiful scenes described by the developers are far from reality, which leads to a series of disputes. Unable to reach a consensus, they had to resort to the court for discussion.

In order to avoid unnecessary troubles, it is best for buyers to ask developers to write the content promised by advertisements into the agreement between the two parties or as an annex to the contract when signing the contract, so as to restrain developers from realizing the advertising content.

3, five card audit must be strict.

At present, in the process of commercial housing sales, developers generally do not take the initiative to produce the original "five certificates", and only a few developers express the "five certificates" or part of the original "five certificates" when selling. There are many reasons for not showing the original "Five Certificates", some are work attitude and sense of responsibility, some are deliberately avoiding the defects recorded in the "Five Certificates", such as the existence of mortgage, and some are faking with copies, such as saying the first phase of a project as the second phase.

For first-time buyers, it is difficult to distinguish the authenticity of the "five certificates" and realize the possible benefits in the recorded content. As an annex to the contract, it is best to ask the developer to guarantee the authenticity of the "five certificates" in the contract, otherwise it will bear certain liability for breach of contract.

Five certificates refer to state-owned land use certificate, construction project planning permit, construction land planning permit, construction project commencement permit and commercial housing pre-sale permit (or commercial housing sales permit).

The official "State-owned Land Use Certificate" is stamped with the official seal of the people's government, the official seal of the housing and land management department and the special seal of the paid land use certificate. The name of the land user on the certificate should be exactly the same as that of the developer. Pay attention to the mortgage record of the land use right. Temporary state-owned land use certificate can only be used for pre-sale permit and construction permit, which does not mean that the final land use right has been obtained. Generally, developers pay part of the land price in advance. If the late payment cannot be paid in full, the state-owned land use certificate will not be obtained, which is a major hidden danger for property buyers to apply for real estate licenses.

The "Construction Project Planning Permit" issued by the Planning Bureau is the legal certificate that the construction project meets the requirements of urban planning. Only after obtaining this certificate can we go through the formalities of starting work.

According to the Housing Authority's "Construction Land Planning Permit", see if the land use, location and boundary used by developers are consistent with the construction land planning permit.

The Construction Project Commencement Permit of the Project Construction Committee is the legal certificate that the project can start. Developers selling faster, should require proof. If it is an existing house, check the construction project completion record form issued by the Construction Committee.

The "Pre-sale Permit for Commercial Housing" and "Sales Permit for Commercial Housing" issued by the Real Estate Bureau are pre-sale and sales vouchers. Please pay attention to whether it is within the validity period and whether the purchased house is within the pre-sale sales scope. Some housing enterprises have handled large property rights. At this time, it depends on whether the purchased house is included in the real estate license.

Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Contracts, which came into effect on June 1 2003, stipulates that the pre-sale contract of commercial housing concluded by the buyer and the seller shall be deemed invalid, but if the pre-sale certificate of commercial housing is obtained before the prosecution, it may be deemed valid.

4. Model room.

In the process of pre-sale of commercial housing, some developers set up model houses or model rooms. Moreover, the model houses are exquisitely laid out and beautifully decorated, which often makes buyers imagine, as if they were in their own future house and were confused by the model houses, relaxing many problems that should be paid attention to when buying a house. As a result, after buying a house, I found that there was a big gap between the house and the model house.

Although Article 3 1 of the Measures for the Administration of Commercial Housing Sales stipulates that when a developer sets up a model house, it should indicate whether the quality, equipment and decoration of the actually delivered commercial house are consistent with the model house. Without explanation, the actual delivery of commercial housing should be consistent with the model housing. However, it is obvious that buyers have to bear a certain burden of proof to prove the existence of model houses and the internal structure, equipment and decoration standards. Therefore, buyers should be sober about model houses. If the purchased house is the same as the board house, it shall be stated that the quality, equipment and decoration of the actually delivered commercial house are consistent with the model house, and the situation of the model house shall be determined in the contract. Considering that the model house may be demolished or the structural content changes, it is suggested that the purchaser fix the model house in the form of photos, videos and other evidence.

In addition, pay attention to the structure of the whole building. Shunyi court accepted a commercial housing sales contract dispute case caused by excessive noise. The plaintiff, Ms. Hu, asked the defendant Beijing Real Estate Development Co., Ltd. to replace a house with the same area and the same price as the house purchased by the plaintiff for free, and compensate the plaintiff for the economic loss of 12485 yuan. In April 2002, the plaintiff moved in after renovation, and soon found that there was vibration and noise under his house. It is reported that the defendant designed and installed the underground water supply system under the plaintiff's house. With the increase of households, the vibration and noise are getting louder and louder, which makes the plaintiff uninhabitable. On August 20, 2003, the plaintiff entrusted the Environmental Monitoring Station of Shunyi District Environmental Protection Bureau for identification. The monitoring report issued by the station showed that the plaintiff's underground noise exceeded the standard, and the plaintiff subsequently sued.

Think before you subscribe to this book.

In the current commercial housing transaction process, many developers require the buyers to sign the subscription book and pay the subscription money before signing the formal commercial housing sales contract with the buyers. It is clear here that signing a subscription book is not a necessary procedure for pre-sale or sale of houses. It is suggested that buyers should not sign the subscription book easily. If some property buyers really take a fancy to the house of a certain project and are worried about missing it, they must sign the subscription book, so pay attention to the following questions:

First of all, according to Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts, which came into effect on June 1 2003, 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 of the Measures for the Administration of Commercial Housing Sales (including the names and addresses of the parties; Basic information of commercial housing; The determination method, payment method and payment time of the price and total price of commercial housing; Terms such as delivery conditions and date), and the seller has accepted the purchase price as agreed, the agreement shall be regarded as a commercial housing sales contract.

Secondly, regardless of whether the subscription book does not have the conditions to become a purchase contract, its effectiveness should be determined according to whether the developer has obtained the pre-sale permit certificate of commercial housing and its own content.

Thirdly, property buyers should specify whether the payment is "down payment" or "down payment" in the subscription book, and the legal consequences of the two are different.

6, the terms of the contract.

When signing a commercial housing sales contract, because the information of the buyer and the seller is asymmetric in professional knowledge, sometimes the buyer is not out of intention or does not know how to grasp the contract, so that he is finally in a passive position in the performance of the contract.

Before signing a commercial housing sales contract, the purchaser should carefully read and understand the contract terms and professional terms, and consult with real estate lawyers and real estate development authorities when necessary.

The main terms of the contract are as follows:

(1) Provisions on housing area.

The price of commercial housing is calculated according to the construction area, which consists of interior construction area and shared interior construction area. The contract shall stipulate the interior construction area and the apportioned construction area, and stipulate the treatment methods of the interior construction area error and the interior construction area error.

At present, when the house is delivered, the construction area often increases, not exceeding 3%, but the interior construction area decreases and the pool area increases. In order to avoid this unfavorable situation for property buyers, it is necessary to stipulate in the contract that the interior construction area cannot be reduced and the pool area cannot be increased by, for example, 2%. What to do if it exceeds this range, whether to return a house; What are the expenses involved in checking out and how to bear the liability for breach of contract if you don't check out?

The other is to calculate the house price according to the interior construction area. If the interior construction area is inconsistent with the contract, it will generally be handled according to the general principle established by the judicial interpretation of the Supreme Court, that is, whether it exceeds 3%.

(2) Terms and conditions of the same price, fee and payment amount.

The price terms should be clear, and developers should be bound by detailed projects not to increase prices at will, and not to include other unreasonable expenses. In the terms of payment method, the payment method should be clear and detailed, such as the time and amount of down payment, the steps, time and amount of installment payment, etc.

It can be indicated that the buyer applies for a loan from a financial institution within a few days after the contract comes into effect. If it fails, the buyer can cancel the contract and get back the deposit in full. It is suggested that the buyer, whether it needs to borrow money or not, should strive to join this clause in order to achieve the effect of leaving a cooling-off period for himself.

(3) Housing quality clauses.

Property buyers must write down the quality requirements in detail when signing the contract. Such as: decoration standards and grades of bedrooms, kitchens and bathrooms; List and grade of building materials; List of indoor equipment; Water, electricity, gas and pipelines are unobstructed; Defects in doors, windows and furniture; Quality requirements such as seismic grade of buildings should be involved. The contract can also stipulate the shelf life of the house and the storage period of the ancillary equipment.

In the contract between the two parties, it was stated as "marble floor, granite exterior wall and imported bathroom kitchenware", but when the owner actually checked in, he found that the marble floor material was artificial marble, while the imported bathroom kitchenware was actually made in China, but it was labeled with foreign trademarks. When the case was heard, the developer did not breach the contract by using artificial marble, because the contract did not specify that natural marble must be used. The imported sanitary ware is produced by a joint venture factory, which is indeed a foreign brand and conforms to the agreement. Of course, the use of these products makes the cost and decoration grade very different from the owner's imagination. In the case that the decoration terms are not clearly agreed and both parties have different opinions on the interpretation terms, the interpretation of the format terms that are not conducive to the contract provider, that is, the developer, shall prevail and be based on the relevant provisions of the Contract Law.

Some property buyers believe that the commercial house has passed the completion acceptance organized by the competent government department after completion, and can only be delivered after passing the acceptance, so there should be no quality problems in the commercial house. Moreover, there are "Residential Quality Guarantee" and "Residential Instruction Manual", which have stipulated the details of the quality of commercial housing, and there is no need to stipulate the quality of commercial housing in the contract. But this is not the case.

The completion acceptance of commercial housing is carried out by spot check, so the quality of each set of commercial housing cannot be guaranteed to be qualified, and there may be a gap between the quality standard of completion acceptance and the quality requirements expected by buyers. As for the provisions on housing quality in the Housing Quality Guarantee and the Housing Instruction Manual, both of them were drawn up by the developers, focusing on protecting the interests of the developers, so it is necessary to stipulate the housing quality in the purchase contract.

When necessary, agreement should be reached on the flatness of walls, floors and ceilings, waterproofing of ceilings, kitchens and bathrooms, and surface cracks.

(4) Provisions on after-sale property management.

This is the content that buyers tend to ignore when signing contracts, so we should pay attention to prevent property management companies from changing property fees.

Article 13 of the Measures for the Administration of Commercial Housing Sales, which came into effect on June 1 2006, stipulates: "When selling commercial housing, if a real estate development enterprise selects a property management enterprise, the buyer shall conclude a property management agreement with the property management enterprise selected by the real estate development enterprise when concluding a commercial housing sales contract."

However, in the actual signing, many real estate companies do not agree to sign relevant property management agreements with buyers when concluding commercial housing sales contracts. In this regard, the buyer should try to prevent the property company from changing the property fee when handing over the house.

(five) the provisions of the time limit and the way to perform the contract.

It shall specify the date of delivery of the house, the date, amount and method of delivery of the house price. For example, whether to pay the house price in one lump sum or by installment.

(6) Provisions on the registration of property rights.

Both parties shall jointly handle it or entrust an agent to handle it on the specified date. When handling the formalities of property right transfer, the seller shall issue a written report on the application for property right transfer and the paid tax bill to the buyer.

According to the Measures for the Administration of Commercial Housing Sales, the agreed time limit for handling the title certificate should be 60 days. However, when actually signing the contract, the seller often extends this period, which is generally 90 days, 180 days and so on. The buyer should strive to stipulate in the contract that the time limit for the seller to handle the property right certificate for the buyer is 60 days, which should not be too long. If this period is too long, such as more than 365 days, it means that the land or house of this project is likely to be secured by mortgage, and the mortgage cannot be released in a short time, which has a great impact on the buyer's use of provident fund loans and the acquisition of real estate licenses as soon as possible.

(7) Provisions on tax burden. All taxes and fees payable in the sale of houses shall be borne separately according to law and clearly included in the contract.

(8) Provisions on liability for breach of contract.

Including the seller's responsibility for overdue delivery, or failure to perform or fail to perform the responsibility for delivery; The buyer's responsibility for overdue payment and the responsibility for not buying in case of breach of contract. The clauses on the liability for breach of contract in real estate sales contracts generally state that "the seller shall not be liable for the overdue delivery due to force majeure". According to Article 153 of the General Principles of Civil Law, "Force Majeure" refers to unforeseeable, unavoidable and insurmountable objective conditions such as earthquake, fire and war. According to this regulation, the extension and expansion are set in the real estate sales contract. However, the seller cannot attribute the developer's own faults, such as inaccurate judgment on the market and improper modification of the project design, to force majeure, nor can he attribute unpredictable seasonal influences, superior behavior and government behavior to force majeure, thus exempting himself from the liability for breach of contract. Therefore, when signing a contract, we should pay special attention to the definition of "force majeure" in the contract.

Now developers in the purchase contract, the liability for breach of contract for overdue delivery is generally agreed to bear two-tenths or three-tenths of the total house price as liquidated damages for each day of delay. The proportion of liquidated damages is low, which is equivalent to bank loans to pay interest on house prices, and the punitive nature of liquidated damages is not enough. Property buyers should strive to increase the proportion, which can be considered between 0.5- 1.

(9) About Force Majeure.

When signing a contract, pay attention to how "force majeure" is defined in the contract.

"Force majeure" refers to unforeseeable, unavoidable and insurmountable objective circumstances (limited to natural disasters, excluding government actions or social abnormal events). Either party shall not make an expanded interpretation of this, otherwise, the interpretation will not be binding. And the notice period shall be agreed.

The seller sometimes puts forward the following exemption clauses, and the buyer had better not agree: the relevant departments delayed the issuance of relevant approval documents due to reasons other than the seller; Major technical problems cannot be solved in time due to abnormal weather during construction.

7. The supplementary agreement does not disturb.

The supplementary agreement of commercial housing sales contract generally includes payment method, housing plan, description of public parts and shared area of public houses, decoration standard, explanation of special reasons for delayed delivery, ownership of public facilities and garden green space, property management and so on. It is suggested that buyers should not be limited to the content of standard clauses when signing contracts, but should negotiate with the seller to redraft clauses that are detrimental to their own interests and supplement the missing clauses.

When signing a contract, the buyer must reflect the matters agreed between himself and the developer in the contract. Only in this way can evidence be found in future disputes and the legitimate rights and interests of the parties can be safeguarded to the maximum extent. The buyer shall, as far as possible, ask the developer to provide electricity, water, heating and other lines and the plan of decoration. This is not only a basic right of buyers to know, but also the main basis for resolving disputes in the future.

As Annex I of the contract, the floor plan of the house is the expression agreed by the parties and the basis for resolving disputes in the future. Because Mr. Liu didn't look carefully at the annex of the contract when signing the contract, he didn't realize that the floor plan provided by the developer was inconsistent with the actual agreement between the two parties, and there were many defects. When there is a dispute between the two parties, the only evidence is the plan attached to the contract. Therefore, it is hoped that consumers will carefully examine whether the orientation, area, proportion and other specific details of the apartment are indicated in the figure when signing the commercial housing sales contract with the developer.

Avoid disputes caused by mixed use of business and residence. With the delivery of commercial housing, disputes caused by mixed use of commercial and residential buildings occur from time to time. It can be stipulated in the contract that the seller guarantees that the commodity house will only be sold as a residence and not as a commodity house, otherwise it will be liable for breach of contract.

Agree with the authenticity of the copy of the "Five Certificates", otherwise the developer should bear the corresponding responsibilities and choose the Seller to produce the Record Form for Completion Acceptance of Construction Project as the condition of house delivery. Show the measured area when handing over the house.

From the market point of view, marketable products are in short supply and still in the seller's market, so the seller will take advantage of the market and will not make too many concessions in the process of fulfilling the contract. As for the lack of market demand or the backlog of commercial housing, because of such problems, the seller would rather die than surrender. From the judicial point of view, the real estate market has just formed and developed at a high speed. Lawmakers and managers can not meet the needs of the rapid development of the real estate market in concept and practice, and there is no experience and precedent to follow, which leads to the lag of legislation and management relative to the rapid development of the real estate industry. Under the comprehensive action of many factors, buyers and sellers can't compete in a short time, and their rights and obligations tend to be true and consistent. Then, in this case where the buyer is obviously in a weak and disadvantageous position, how can we try our best to win some rights that should belong to us, but are actually violated or ignored?

If the buyer hires a lawyer to help sign a house purchase contract, when negotiating the terms of the contract, the buyer should stand on the same side with his lawyer and show high trust in the lawyer, which will help win the maximum legitimate rights and interests of the contract and minimize the unfavorable or even unfair results of the contract. Even if you really want to buy this house, you should be calm and don't give up the negotiation conditions put forward by your lawyer easily. We must know that many negotiations cannot be completed overnight, and there must be a process of winning over each other.

In short, property buyers should not worry when signing commercial housing sales contracts, and consult as many professionals as possible, so as to sign a commercial housing sales contract with equal rights and obligations.

Adhere to the seller's seal first, then the buyer's signature, and don't leave a blank in the contract. It is suggested that the contract be stamped with the seal of riding seam and spread page, and signed by the individual buyer.

When signing a commercial housing sales contract, both parties should reach an agreement on the terms of the contract and express it in writing, and then sign and seal it at the same time before the contract can take effect. But in fact, some developers require the buyer to sign before stamping. Developers do this for many reasons. For example, the developer entrusts the intermediary to sell the house, and the intermediary has no right to stamp the contract, so the negotiated contract must be sent to the developer for stamping. In addition, the official seal of the developer belongs to someone. In order to improve their own efficiency, convenience or other reasons, developers usually collect several contracts that have been signed by the buyer in advance, and then seal them collectively.

Don't worry about the time difference between the seller's seal and the buyer's signature, but for some developers who have intentional fraud, the buyer has to guard against it. For example, developers use this time difference to modify the contract in quadruplicate, add something beneficial to them in the blank, and refuse to recognize the supplementary agreement negotiated in advance, but at this time, the buyer has signed and most of the down payment has been paid, which will put the buyer at a disadvantage.

In order to prevent this kind of detail with small probability but great damage to the buyer, it is suggested that the buyer cross out the blank space of the contract in advance and indicate the selected terms in Chinese characters in the blank space of the contract to prevent it from being changed.

It is best to insist that both parties seal and sign at the same time, which is not impossible for developers, but also the respect for buyers and the seriousness of contracts.