Beijing proposes to amend the sales contract for commercial housing.
After 8 years, the new model texts of "Beijing Commercial Housing Presale Contract" and "Beijing Commercial Housing Sale Contract" are about to be introduced. On November 21st, it was reported that the Beijing Municipal Commission of Housing and Urban-Rural Development, together with the Beijing Municipal Administration for Market Regulation, revised the two contracts and solicited opinions from the public. According to a relevant person in charge of the Municipal Commission of Housing and Urban-Rural Development, compared to the current contracts, this revision aligns with the latest legal requirements, updating and optimizing the contract terms. For example, the importance of pre-registration is clarified, and the process of pre-registration is further defined in the terms section. "Pre-registration is an important measure to protect the rights of homebuyers and prevent practices like 'selling one property multiple times' and 'selling before mortgage'. To ensure the future realization of property rights, the parties can apply for pre-registration with the registration agency according to the agreement. After pre-registration, if the rights holder who did not pre-register agrees, the disposal of the property will not have any effect on property rights." The person in charge explained that this revision also consolidates the multiple departmental management requirements related to home purchases into the "Special Notes" section before the contract, allowing homebuyers to be informed before signing the contract. For example, it explicitly states that the seller cannot refuse, restrict, or obstruct the buyer from using housing provident fund loans, nor can they require the buyer to waive the right to housing provident fund loans in any form. At the same time, it warns that the seller cannot collect and pay the taxes and fees on behalf of the buyer, nor can they make paying agency fees a prerequisite for housing inspection and delivery, to protect the legitimate rights and interests of homebuyers.
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