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How to persuade guests to go to the sales office to see the house?
The confirmation of the validity of the house sales contract is not only valid and invalid, but also some special circumstances, that is, it is valid under certain conditions and invalid under certain conditions. The analysis of these special situations should not be generalized, but should be analyzed in detail.
The sales contract is not in written form.
According to Article 10 of the Contract Law, "the parties may conclude a contract in written form, orally or in other forms. If laws and regulations stipulate that it should be in writing, it should be in writing. If the parties agree to be in writing, it shall be in writing. " Therefore, the housing sales contract should be in written form.
However, according to Article 36 of the Contract Law, "a contract is concluded in written form as stipulated by laws and regulations or agreed by the parties, but one party has fulfilled its main obligations and the other party accepts it." Therefore, even if the house sales contract is not in written form, it is not necessarily invalid. If the buyer and the seller have actually fulfilled their main obligations and there are no other illegal acts, the relationship between the buyer and the seller shall be deemed valid.
Second, the seller transfers the property without title certificate.
According to the provisions of the Urban Real Estate Management Law, the property that has not been registered and obtained the ownership certificate according to law cannot be transferred. However, according to Article 131 of the Contract Law, "the subject matter sold belongs to the seller or the seller has the right to dispose of it. Where laws and regulations prohibit or restrict the transfer of the subject matter, such provisions shall prevail. "
It can be seen that as long as the subject matter is legal and has the right to dispose of it, it is not required to have relevant permission. If both the buyer and the seller know that they have not obtained the house ownership certificate when signing the agreement, and they can go through the transfer formalities if they meet the conditions or time limit, and there are no other property rights disputes, or the purchased house has been delivered for occupancy, it should generally be considered as valid.
Three. House * * * Someone moved the property without authorization.
According to Article 89 of the Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of People's Republic of China (PRC), "* * * and * * * enjoy the same rights and assume the same obligations. During the relationship between * * * and * *, some * * people dispose of * * * property without authorization, which is generally considered invalid. However, if a third party obtains the property in good faith for compensation, it shall safeguard the legitimate rights and interests of the third party; Losses to other * * * people shall be compensated by those who dispose of * * * property without authorization ".
That is to say, as long as the conditions of bona fide acquisition are met, that is, when the buyer acquires the house in good faith, he does not know whether there are other owners or cannot examine whether there are other owners or people with sufficient reasons think that the other owners have no objection, pay a reasonable consideration and register, then the contract shall be deemed valid.
Four, did not handle the transfer procedures and cause one party to go back on our word.
According to the provisions of Article 15 of the Property Law, "the contract concluded between the parties on the establishment, alteration, transfer and elimination of the real right of immovable property shall take effect upon the establishment of the contract, except as otherwise provided by law or the contract; Failure to register property rights does not affect the validity of the contract. "
In other words, whether the housing sales contract is registered is not the effective condition. As long as the real estate transfer contract signed by both parties is valid according to law, both parties should go through the real estate registration formalities according to the contract and legal provisions. If one party fails to go through the transfer registration formalities due to the contract, the people's court shall order it to continue to perform and go through the transfer registration.
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