Remedial measures for losing the contract and all invoices when buying a house;
First, before the pre-sale registration of the house purchase contract, if the buyer loses the contract, he only needs to void the remaining contract and sign a new contract with the developer. The cost that the buyer needs to pay is the cost of a contract, around 200 yuan.
Second, before the pre-sale registration of the purchase contract is completed and the bank mortgage is not started, if the purchaser loses the contract, the measure taken is to publish a statement in the newspaper that the contract is invalid.
After the expiration of three months, the organ that took the newspaper to do the pre-sale registration applied for cancellation of the signed contract, and then re-signed the contract with the developer before doing the pre-sale registration. During this period, the buyer needs to pay the cost of publishing the statement, the contract fee and the stamp duty of the new contract.
3. After the pre-sale registration of the house purchase contract has been completed and the bank mortgage has been handled, if the house buyer loses the contract, except for the formalities handled in the second case.
Property buyers should sign a change agreement with the bank that handles the loan and put the new contract in the bank pledge, because the original purchase contract has been cancelled and replaced by a new contract.
In other words, the contract number in the loan contract signed by the buyer and the bank has changed, although the content in the house purchase contract has not changed.
However, according to the contract law, the loan contract has been changed and it is necessary to sign a change agreement with the bank. During this period, the fees that buyers need to pay are basically the same as in the second case.
Materials required for handling loss reporting and replacement certificates:
1. Application for registration of house ownership (non-transfer);
2. The floor plan of the house;
3. Apply for a supplementary report;
4. A copy of the applicant's identity document (original inspection);
5. The lost revelation (full report);
6. Certificate of loss reporting issued by the archives;
7. Power of attorney (if the applicant cannot handle it in person, a copy of the identity documents of the applicant and the trustee shall be provided, and the original shall be checked);
8. If the house has been mortgaged, the mortgagee's consent certificate shall be provided.
2. The newly bought building, purchase contract, loan contract and purchase invoice are all lost. What should I do?
After the buyer signs a house purchase contract with the developer, the contract is the legal certificate for the buyer to purchase the house. A complete house purchase contract is made in quadruplicate: two for the developer, one for the housing management department and one for the buyer. When handling the housing property certificate, the developer needs to take all four contracts to the housing management department to handle the property certificate, and there is no one.
Remedial measures for losing the contract and all invoices when buying a house;
First, before the pre-sale registration of the house purchase contract, if the buyer loses the contract, he only needs to void the remaining contract and sign a new contract with the developer. The cost that the buyer needs to pay is the cost of a contract, around 200 yuan.
Second, before the pre-sale registration of the purchase contract is completed and the bank mortgage begins, if the purchase contract is lost, the measure taken is to publish a statement in the newspaper that the contract is invalid. After the expiration of three months, the organ holding the pre-sale registration shall apply for cancellation of the signed contract, and then re-sign the contract with the developer before the pre-sale registration can be done. During this period, the buyer needs to pay the cost of publishing the statement, the contract fee and the stamp duty of the new contract.
Third, the pre-sale registration of the house purchase contract has been completed. After handling the bank mortgage, if the buyer loses the contract, in addition to the formalities handled in the second case, the buyer must also sign a change agreement with the bank that handles the loan and put the new contract into the bank pledge, because the original house purchase contract has been cancelled and replaced by a new contract, which means that the contract number in the loan contract signed by the buyer and the bank has changed. Although the contents of the purchase contract have not changed, according to the "Regulations", during this period, the fees that buyers need to pay are basically the same as in the second case.
In addition, it is necessary to remind buyers that in the whole process of buying a house, it is often necessary to hand over the contract, and the loss of the contract does not always happen to buyers. Sometimes developers, lawyers and banks will lose their contracts because of negligence. So when handing over the contract, you must ask the other party to issue a written certificate to prove that you have handed over the contract to the other party. Otherwise, once it is found missing, everyone will pass the buck, and the buyer will be the ultimate victim.
3. What if the house loan contract is lost? Consequences of contract losses
People must sign a purchase contract with the developer when buying a house. The purchase contract is an important basis for buyers to accept and inspect houses. What will happen if the purchase contract is lost? For the specific content of the above questions, this article will reveal the answers for you one by one.
What are the consequences of losing the 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 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.
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.
Therefore, regardless of whether the real estate license is handled or not, the purchase contract is very important. If there is no purchase contract, if there is a problem with the quality of the house in the future, it will be unfavorable for buyers to claim rights from developers.
What should I do if I accidentally lose the house purchase contract?
It can be solved in two ways: First, buy an existing house. According to the current regulations of our country, the house sales contract can only be effectively established if the house transfer registration procedures are handled. Without registration, the house sales contract will not take effect and the law will not protect it. Therefore, if you go through the transfer registration procedures, you will legally eliminate the hidden dangers caused by accidental loss, and you only need to reissue the lost materials.
Second, if you buy an auction house without real estate registration, you can go to the real estate management department and land management department of the local people's government (at or above the county level) to inquire. 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 you have already registered the property rights, you naturally don't have to worry about the hidden dangers caused by the loss of contracts and receipts.
In addition, the following measures can be taken: first, explain the situation to the developer, negotiate with the developer to solve the problem, re-sign the purchase contract, and ask the developer to issue relevant certificates for 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 a copy is enough. In this way, if the original is lost, there is a copy as evidence, which can provide evidence when solving disputes through legal or other means in the future.
What are the consequences of the loss of the purchase contract, and what to do if you accidentally lose the purchase contract, which are described in detail and clearly. I hope the above contents can help you solve the problems you encounter. According to the above, we know the importance of the purchase contract. When the developer defaults, the purchase contract is an important basis for the buyers. Once lost, it will bring adverse legal consequences to the buyer. If the purchase contract is lost, we should pay attention to take timely measures to remedy it. If you don't know how to do it, you may wish to consult an expert lawyer in real estate to avoid unnecessary losses.
All of the above are questions about "what to do if the housing loan contract is lost". Finally, Bian Xiao reminded friends who are about to get a loan that they must take good care of the loan after signing the loan contract. Because after paying off the mortgage loan, the borrower needs to apply for the repayment certificate with the loan contract before going to the property right department to handle the cancellation procedures of the property right mortgage.
(The above answers were published on 20 17-02-23. Please refer to the actual situation for the current purchase policy. )
4. What if the purchase contract and invoice are lost?
If the purchase contract and invoice are lost, how to apply to the Housing Authority for file retrieval to see if the purchase contract and invoice file can be retrieved. After the buyer signs a house purchase contract with the developer, the contract is the legal certificate for the buyer to purchase the house. A complete house purchase contract is made in quadruplicate: two for the developer, one for the housing management department and one for the buyer. When handling the housing property certificate, the developer needs to take all four contracts to the housing management department to handle the property certificate, and there is no one. 1. Before the pre-sale registration of the house purchase contract, if the buyer loses the contract, he only needs to void the remaining contract and re-sign the contract with the developer. The cost that the buyer needs to pay is the cost of a contract, around 200 yuan. 2. Before the pre-sale registration of the purchase contract is completed and the bank mortgage begins, if the purchaser loses the contract, the measure taken is to publish a statement in the newspaper that the contract is invalid. After the expiration of three months, the organ holding the pre-sale registration shall apply for cancellation of the signed contract, and then re-sign the contract with the developer before the pre-sale registration can be done. During this period, the buyer needs to pay the cost of publishing the statement, the contract fee and the stamp duty of the new contract. 3. After the pre-sale registration of the house purchase contract has been completed and the bank mortgage has been completed, if the buyer loses the contract, in addition to the formalities handled in the second case, the buyer must also sign a change agreement with the bank that handles the loan and put the new contract into the bank pledge, because the original house purchase contract has been cancelled and replaced by a new contract, that is to say, the contract number in the loan contract signed by the buyer and the bank has changed, although the content in the house purchase contract has not changed. During this period, the fees that buyers need to pay are basically the same as in the second case. In addition, it is necessary to remind buyers that in the whole process of buying a house, it is often necessary to hand over the contract, and the loss of the contract does not always happen to buyers. Sometimes developers, lawyers and banks will lose their contracts because of negligence. So when handing over the contract, you must ask the other party to issue a written certificate to prove that you have handed over the contract to the other party. Otherwise, once it is found missing, everyone will pass the buck, and the buyer will be the ultimate victim. The parties to such contracts and receipts must stay away to protect their legitimate rights and interests. If it is lost, you can go to the Housing Authority and the developer to reissue it accordingly. Defend their legitimate rights and interests from harm and get legal protection.