Close share of Alexandrine a few detail, many people are met oversight, just sometimes the change of one word on detail can produce different legal consequence possibly. The 4 detail problem that we come along to buy room contract to need to notice a little below.
One, sign and sign have distinction
Signing is to point to concludes through talking things over contract content commonly, and autograph formula is the affirmatory contract content, meaning that has changing no longer, the distinction that is clear that this is both must be made before so the autograph buys room contract. It is now only, no matter be " sign " or " sign " , the contract that buy a house perhaps buys room agreement (treaty) be to have legal effectiveness euqally, multi-purpose also now " sign " , so generally speaking won't appear what problem, but of the person that one cannot say for sure has some of development business to buy a house partly with cashing for this due rights and interests.
2, hold water to differ with become effective
The bilateral party that the contract establishs to just say to sign a contract buys a house this thing talks things over after agreeing, decided the contract concerns, generally speaking the contract establishs need to satisfy 3 requirements: Party must be two or two above; Party must be talked things over to reach collective opinion consistently on freewill foundation; Sign the both sides of the contract or with concluding with all possible means must the contract is a purpose.
And contract become effective is to show the conventional provision inside the contract and conventional item produced legal effectiveness from now on, buy room contract to also must accord with certain conditional ability become effective normally: The party that signs a contract must have the behavior capacity that can sign a contract, for instance minor or spirit have the adult of the state not to have this capacity; The apiration of party must be true system contract content is medium now; The circumstance of lawbreaking code or social public interest must not appear in contract content.
3, imprest and deposit have difference
It is only commonly after contract become effective, the person that buy a house just needs to pay imprest, it is not had assure quality, it is the debt of the certain amount that pays each other beforehand, to after paying, still can return. But deposit is one kind assures actually gold, give before the contract is signed pay, once give out,cannot return. And, the legal consequence of deposit and imprest, suitable scope and the proportion that pay amount to take total house money also are different. In trade in the process, if because of break a contact of the other side, the one party that pays deposit can obtain compensate the deposit of double, but imprest is original number is returned only normally still.
4, the signature of the contract affix one's seal fastens oversight
Sign affix one's seal is to sign those who buy room contract to need classics link, be in jural, sign only the contract after affix one's seal just can produce legal effectiveness, can be regarded as invalid contract otherwise. Additional, when signing a contract, want careful contrast to sign whether is the person of affix one's seal him, if be by client, remember asking the other side shows lawful and effective a power of attorney certainly; And him person that buy a house also must undertake final probation to contract content before sign, once discover the problem puts forward in time, get out of the way sends business to undertake modification, affirm without by accident hind sign again.
