1. Is the loan contract the same as the house purchase contract?
1. The loan contract is different from the house purchase contract. The purchase contract is an agreement reached between the buyer and the real estate development enterprise on the basis of equality, voluntariness and consensus according to the Civil Law of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on Urban Real Estate Management and other relevant laws and regulations. Loan contract is a form of economic contract. That is, the lender will deliver the money to the borrower for use, and the borrower will return a certain amount of money and interest to the mutual rights and obligations determined by the loan in accordance with relevant regulations.
2. Legal basis: Article 470th of the Civil Code of People's Republic of China (PRC).
The contents of a contract shall be agreed upon by the parties, and generally include the following clauses:
(1) The name and domicile of the party concerned;
(2) Subject matter;
(3) quantity;
(4) quality;
(5) Price or remuneration;
(6) Time limit, place and method of performance;
(7) Liability for breach of contract;
(8) Methods for resolving disputes.
The parties may conclude a contract by referring to the model texts of various contracts.
Second, do the names on the purchase contract and the real estate license have to be the same?
The names of the purchase contract, purchase invoice and real estate license must be unified. If it is a loan, the mortgagor on the bank loan contract should also be unified, otherwise it will not be handled. The name on the real estate license is the same as the name on the contract, but if you haven't applied for the real estate license, you can apply for joining in the name of * * * when you apply for the real estate license, and get the * * * property right certificate when you get the license. Under normal circumstances, it is impossible.
Do loan contracts and service contracts belong to the same legal relationship?
According to relevant information, loan contract and service contract are not the same legal relationship. For example, the loan contract and the guarantee contract, the loan contract is the master contract and the guarantee contract is the slave contract, which do not belong to the same legal relationship. The validity of the subordinate contract does not affect the validity of the main contract, but if the main contract is valid, it may cause certain compensation or other responsibilities.
Is the purchase contract the same as the loan contract?
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The purchase contract is an agreement reached between the buyer and the real estate development enterprise on the basis of equality, voluntariness and consensus according to the Contract Law of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on Urban Real Estate Management and other relevant laws and regulations.
Loan contract is a form of economic contract. That is, the lender will deliver the money to the borrower for use, and the borrower will return a certain amount of money and interest to the mutual rights and obligations determined by the loan in accordance with relevant regulations.
Extended data:
The purchase contract generally includes two types: the pre-sale contract of commercial housing (auction house) and the sale contract of commercial housing (existing house).
The difference between the two is that:
The pre-sale contract is adopted for the pre-sale of commercial housing. After the house is completed and delivered for use, the buyer can directly handle the transfer formalities after paying all the house price.
Commercial housing sales contracts are applicable to the sale of existing commercial housing (commercial housing with property right certificate after completion and acceptance).
Therefore, the pre-sale contract signed now will not be signed when the house is handed over, and the transfer formalities can be directly handled. If the pre-sale contract was signed before1May 3, 9971,it is still necessary to sign the sales contract according to the contract itself before registering in registered permanent residence.
The main contents of the purchase contract include the following aspects:
1. Party A's land use basis and commodity house status, including location, area, existing house, delivery, etc.
2. House prices, including taxes and fees, handling of area differences, and special agreements on price and fee adjustment;
3 payment agreement, including preferential terms, payment time, payment amount, liability for breach of contract, etc.
4. Delivery agreement, including time limit, liability for overdue breach of contract, design change agreement, house handover, liability of the defaulting party, etc.
5, quality standards, including decoration, equipment standards, commitment and liability for breach of contract, infrastructure, public * * * supporting the normal operation of the building commitment, quality dispute handling, etc. ;
6, property registration and property management agreement;
7. Warranty responsibility;
8. Party B's right to use;
9. A dispute arbitration institution recognized by both parties;
10, liability for breach of contract;
1 1, other related matters and accessories, including house plan, decoration, equipment standards, etc.