How to write a second-hand housing contract: Hot topics and structured guides on the entire network in the past 10 days
With the active second-hand housing transaction market, how to standardize the writing of second-hand housing contracts has become a hot topic recently. This article will combine the hot content of the entire network for the past 10 days to provide you with a structured and easy-to-operate second-hand housing contract writing guide.
1. Recent hot topics on second-hand housing transactions (next 10 days)
| Ranking | Hot Topics | Search volume index | Related issues |
|---|---|---|---|
| 1 | Second-hand housing contract trap | 48,200 | How to avoid Yin-Yang Contract |
| 2 | Disputes on breach of contract of school district housing | 35,700 | School district qualification written into contract |
| 3 | Loan failure responsibility division | 28,900 | Contract termination clause |
| 4 | Disclosure of house defects | 24,500 | How to claim compensation for concealing leaks |
2. Core terms and structure of second-hand housing contracts
| Terms Category | Essential content | Things to note | Hot case reference |
|---|---|---|---|
| Basic housing information | Property certificate number/area/purpose | Check the original real estate certificate | A case in Shanghai caused a lawsuit due to area error |
| Transaction price | Total price/payment method/cycle | Clarify the solution to the loan failure | Hangzhou buyer pays deposit for loan breach |
| House delivery | Delivery time/standard/household registration transfer | Agreed retention period for school district qualification | Beijing Xicheng District School District House Breach Case |
| Liability for breach of contract | Liquidation fee ratio/scope of compensation | Distinguish between general and fundamental breach | Shenzhen seller was sentenced to 20% compensation for one house and two sale |
3. Five golden rules for contract writing
1.Terms Specification: Avoid using vague expressions such as "as soon as possible" and "related expenses", and the specific time nodes and amounts should be clarified.
2.Special agreement written: If furniture and appliances are included, the brand, quantity, and current status must be listed, and photos must be taken to keep.
3.Disclaimer clauses are set carefully: According to the case of the Supreme People's Court, the obligation to prompt the standard terms and conditions must be marked clearly.
4.Supplementary Agreement Effectiveness: The recent judgment of the Nanjing Intermediate People's Court shows that WeChat negotiation records can be used as part of the contract.
5.Dispute resolution mechanism: It is recommended to agree that the local arbitration committee shall have a higher efficiency than litigation.
4. Latest risk warning (updated in 2023)
| Risk Type | Frequency of occurrence | Preventive measures |
|---|---|---|
| The co-owner has not signed | 32% | Check the household registration book + marriage certificate |
| Concealed mortgage status | 25% | Pull the real estate registration book |
| Agent permission defects | 18% | Check the original notarized power of attorney |
5. Demonstration Terms Template
【Example of house price payment terms】
"The buyer shall pay the down payment of RMB XXX million to the joint account of both parties within 10 working days after the signing of this contract. The remaining house payment shall be paid through a commercial bank loan. If the loan amount is insufficient or not approved, the buyer shall make up for it in cash within 15 days after receiving the notice."
【Example of default clauses】
"If any party breaches the contract and causes the contract to be terminated, the breach of contract shall pay a liquidated damages of 20% of the total housing price to the party that abides. If the liquidated damages are not sufficient to make up for the actual losses, the difference shall be made up."
Recent data shows that standardized and well-made second-hand housing contracts can reduce transaction disputes by 87%. It is recommended that you consult a professional lawyer before signing a contract and go to the real estate registration center to check the status of the house. Keep all communication records. In the era of mobile Internet, electronic evidence such as WeChat chat records has become an important basis for protecting rights.
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