The main contents are contained in the housing contract
Answer:
The main contents are contained in the housing contract
Pursuant to Article 121 of the 2014 Housing Law, housing contracts are agreed upon by the parties and must be made in writing and include the following contents:
- Full name of the individual, name of the organization and address of the parties;
- Describe the characteristics of the transaction housing and the characteristics of the residential land plot attached to that house. For apartment purchase and sale contracts and lease-purchase contracts, the parties must clearly state the common ownership and common use; Usable area belongs to private ownership; apartment construction floor area; Use purpose of common ownership and common use in the apartment building in accordance with the initially approved design purpose;
- Capital contribution value, housing transaction price if the contract has an agreement on price; In case of buying, selling, renting, or lease-purchasing housing where the State has regulations on prices, the parties must comply with those regulations;
- Time limit and payment method if it is a case of buying, selling, leasing, leasing, or transferring a housing purchase contract;
- Housing delivery time; Housing warranty period if buying or renting a newly built house; term of lease, lease purchase, mortgage, loan, stay, housing management authorization; capital contribution period;
- Rights and obligations of the parties;
- Commitment of the parties;
- Other agreements;
- Effective date of the contract;
- Date, month and year of contract signing;
- Signature and clearly state the full names of the parties. If it is an organization, it must be stamped (if any) and clearly state the position of the signer.
Regulations on notarization and authentication of contracts and effective date of housing contracts
Pursuant to Article 122 of the 2014 Housing Law, regulations on notarization and authentication of contracts and the effective date of housing contracts are as follows:
(1) In case of buying and selling, donating, exchanging, contributing capital, mortgaging housing, transferring commercial housing purchase and sale contracts, the contract must be notarized and authenticated, except for case (2).
For transactions specified in this Clause, the effective date of the contract is the time of notarization or authentication of the contract.
(2) In case the organization donates to a charity house or a charity house; buying, selling, leasing and purchasing state-owned housing; buying, selling, leasing and purchasing social housing, housing for resettlement; Capital contribution by housing with one party being an organization; For renting, lending, staying in, or authorizing housing management, the contract is not required to be notarized or authenticated, unless the parties so wish.
For the transactions specified in this Clause, the effective date of the contract is agreed upon by the parties; In case the parties do not have an agreement, the effective date of the contract is the date of signing the contract.
(3) The house inheritance document is notarized or authenticated according to the provisions of civil law.
(4) Notarization of housing contracts is performed at a notary practice organization; The authentication of housing contracts is carried out at the commune-level People's Committee where the house is located.