The purchase contract is an important basis for the establishment, change and termination of the legal relationship between the purchaser and the developer, and plays an irreplaceable role in clarifying the rights and obligations of both parties.
What should I do if the purchase contract is accidentally lost?
It can be solved in two ways: first, if you buy an existing house, according to the current regulations in China, the house sales contract can only be effectively established if you go through the formalities of house transfer registration. Without registration, the house sales contract will not take effect and the law will not protect it. Therefore, if you have gone through the transfer registration procedures, you will legally put an end to the hidden dangers caused by careless loss, and you only need to reissue the lost materials.
Second, if you buy an auction house and haven't registered the real estate, you can check with the real estate management department and land management department of the local people's government (above the county level). According to China's "Measures for the Management of Urban Commercial Housing Sales", commercial housing pre-sale, development and operation enterprises should sign a commercial housing pre-sale contract with the purchaser, and the pre-seller should go through the registration formalities with the above two departments within 30 days from the date of signing the contract. If the property rights have been registered, there is no need to worry about the hidden dangers caused by the loss of contracts and receipts.
In addition, you can also take the following measures: first, explain the situation to the developer, negotiate with the developer to solve it, and it is best to re-sign the purchase contract and ask the developer to issue relevant certificates on the payment of the purchase price.
Secondly, if you encounter a dishonest developer, you can try to sign a supplementary agreement with the developer on the details of the purchased house, and indicate that the supplementary agreement has the same legal effect as the original contract. In the supplementary agreement, you can implicitly mention the main terms of the original contract and the fact that the house payment has been paid, so that the supplementary agreement has the same effect as the original contract.
In addition, it is suggested that buyers should not easily carry the original contract and the house payment receipt voucher with them to prevent them from being lost. If you need to go through the relevant real estate formalities, you can make a copy of all the information first, and sometimes you can do it with a copy. In this way, if the original is lost, there is a copy to prove it, which can provide evidence when solving disputes by law or other means in the future.