Legal analysis
As a special sales contract, the house sales contract refers to the contract that the seller delivers the house and transfers the ownership to the buyer, and the buyer pays the price. It is a contract in which one party transfers the ownership of the house to the other party and the other party pays the price. The party that transfers ownership is the seller or the seller, and the party that pays the price to obtain ownership is the buyer or the buyer. 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. A house sales contract is a civil legal act and should meet the following conditions: 1. Both parties to the contract must have the subject qualification. Both buyers and sellers of houses should be qualified to exercise their rights and assume obligations according to their own actions. Second, the buyers and sellers of houses should be true. According to the current laws and regulations and relevant judicial interpretations, civil juristic acts should be the result of the true intention of the parties. Three, the sale of housing shall not violate policies, laws and regulations and social interests. The purchase and sale of houses shall conform to the real estate policy, abide by the mandatory provisions of laws and regulations, and shall not harm public interests and violate public morality. Otherwise, the house buying and selling behavior is invalid.
legal ground
Article 502 of the Civil Code of People's Republic of China (PRC) * * * A contract established in accordance with the law shall take effect upon its establishment, except as otherwise provided by law or agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations. The modification, assignment and dissolution of a contract shall be subject to the provisions of laws and administrative regulations, and the provisions of the preceding paragraph shall apply and shall be subject to approval.