How to write a small property rights contract
In recent years, with the diversified development of the real estate market, houses with small property rights have attracted the attention of some home buyers because of their low prices. However, there are certain legal risks in the transaction of small-property houses, so you need to be extra cautious when signing a contract. This article will combine the hot topics and hot content on the Internet in the past 10 days to give you a detailed introduction to the key points of writing a small property rights contract and provide structured data for reference.
1. Definition and risks of small property rights houses
Small-property houses usually refer to houses built on rural collective land without paying land transfer fees. The property rights certificates are issued by the township government or village committee, not the national housing management department. Its transactions involve the following risks:
| Risk type | Specific content |
|---|---|
| legal risks | Houses with small property rights are not protected by law and may face demolition or cannot be transferred. |
| trading risk | The seller may sell more than one house or regret it later. |
| Risks of use | Unable to apply for a bank loan and may not be able to use it normally in the future |
2. Key terms of small property rights contracts
Although there are risks in small-property real estate transactions, the risks can be reduced to a certain extent by improving the contract terms. The following are the key terms necessary for the contract:
| Clause name | Content points | Things to note |
|---|---|---|
| Basic situation of the house | Detailed description of the location, area, structure, etc. of the house | Attached are photos and floor plans of the house. |
| Transaction price and payment method | Clarify the total price, payment method and payment time | It is recommended to pay in installments and leave part of the balance |
| Description of title status | Clarify the nature of the house and the source of property rights | Ask the seller to provide original construction certificates |
| Liability for breach of contract | Agreement on breach of contract and liability for compensation | The liquidated damages ratio is recommended to be 20%-30% of the total price |
| Dispute resolution | Agree on arbitration or litigation settlement | It is recommended to choose the court where the buyer is located |
3. Example of small property rights contract template
The following provides a sample of the core terms of a small-property house sales contract:
Party A (Seller):________ ID number: ________
Party B (Buyer):________ ID number: ________
Article 1 Basic conditions of the house
Party A voluntarily sells its house located in ________ to Party B, with a construction area of approximately ________ square meters.
Article 2 House Price and Payment Method
1. Total house price: RMB________ yuan (￥________)
2. Payment method: A deposit of ________ yuan is required on the day this contract is signed, and the balance must be paid before ________.
Article 3 House Delivery
Party A shall deliver the house to Party B before _________ and ensure that there will be no disputes about the house.
Article 4 Special Agreement
1. Due to the special nature of the house, both parties confirm that they are aware of the relevant risks.
2. In the event of government demolition, the demolition compensation shall belong to Party B.
Article 5 Liability for breach of contract
If any party breaches the contract, it must pay a penalty of 20% of the total house price to the non-defaulting party.
4. Things to note when signing a small property rights contract
1.Verify seller's identity:The seller is required to provide the original ID card and household registration book, and keep copies.
2.Witness signature:It is recommended to find village committee cadres or local people with authority as witnesses.
3.Keep transaction vouchers:All payments should be made via bank transfer and stated purpose.
4.Supplementary Agreement:For special agreements, a separate supplementary agreement should be signed.
5.Lawyer review:If conditions permit, it is recommended to ask a professional lawyer to review the contract.
5. Warning on recent hot cases
| place of occurrence | Case brief | Lessons learned |
|---|---|---|
| Huizhou, Guangdong | Buyer buys house with small property rights but original owner regrets 5 years later | The contract does not clearly stipulate the proportion of liquidated damages, making it difficult to safeguard rights. |
| Wenzhou, Zhejiang | Small-property houses were forcibly demolished by the government | There is no provision for demolition compensation in the contract |
| Shijiazhuang, Hebei | Seller sells more than one house, causing disputes | Failure to complete house delivery procedures in time |
Summary: Small-property housing transactions are risky, and contracts are the last line of defense to protect rights and interests. It is recommended that home buyers fully understand the risks before signing a contract, improve the contract terms as much as possible, and consult professional legal professionals when necessary. At the same time, we must also realize that no matter how perfect the contract is, it is difficult to completely avoid the legal risks of houses with small property rights, so you need to be cautious when purchasing a house.
check the details
check the details
en
