How to Sign a Prefabricated House Contract

The signing of a prefabricated house pre-sale contract should follow the steps below and pay attention to key matters to ensure rights and interests:

I. Signing Steps

1. Complete the Pre-sale Contract Conclusion

   • Verify the Pre-sale Permit: Before signing, strictly verify the developer's 'Commodity House Pre-sale Permit' to confirm its legality and validity. This can be done through the official website of the local real estate trading center or on-site inquiries to ensure the property has pre-sale qualifications.
   • Negotiate Contract Terms: Negotiate with the developer on core terms such as house price, delivery time, quality standards, and supporting facilities to clarify the rights and obligations of both parties.
   • Sign the Formal Contract: Use the standardized contract text formulated by the local housing management department. The contract becomes effective after both parties sign and stamp it. The signer must be the legal representative or authorized agent of the developer, and the company's official seal must be affixed.

2. Register and File the Pre-sale Contract

   • Submit the Filing Application: After the contract takes effect, the homeowner can submit a filing application to the municipal/district real estate trading center on their own or entrust the developer to do so. Original copies of the contract and identification documents are required.
   • Review and Feedback: The trading center completes the review within 5 working days. If the procedures are incomplete or there are violations (such as not obtaining a pre-sale permit), a written notice will be issued for supplementation; if the conditions are met, the contract will be registered and filed, and the homeowner will be notified to collect the filed contract. Filing is a key step for the contract to take effect and can prevent the developer from 'selling one house to multiple buyers'.

3. Handle the Property Transfer Procedures

   • Complete Initial Registration: The developer must first complete the initial registration of the newly built commodity house (i.e., the 'big property certificate') and obtain the house ownership certificate.
   • Jointly Apply for Property Transfer: The homeowner and the developer bring the filed contract, identification documents, and other materials to the trading center to apply for real estate rights change registration, transferring the property rights to the homeowner.
   • Handle Supplementary Contracts: If the contract content needs to be changed during the pre-sale period (such as area or design), both parties need to sign a supplementary contract, which has the same effect as the main contract and must be submitted together during the property transfer.

II. Signing Precautions

1. Confirm 'Five Certificates Are Complete': In addition to the pre-sale permit, verify the 'State-owned Land Use Certificate', 'Construction Land Planning Permit', 'Construction Engineering Planning Permit', and 'Construction Engineering Construction Permit', and ensure the names on the certificates match the developer.
2. Clarify Liability for Breach of Contract: The contract should specify compensation standards for scenarios such as the developer's overdue delivery or substandard quality, as well as handling methods for the homeowner's breach of contract.
3. Agree on Deposit Refund Conditions: If the contract cannot be fulfilled due to the developer's reasons, the deposit should be refunded double; if the homeowner cancels the purchase due to their own reasons, clarify whether the deposit will be refunded and the proportion.
4. Negotiate Property Management Terms Separately: Property management fees and service content are usually not included in the pre-sale contract and require a separate agreement to avoid subsequent disputes.
5. Have a Lawyer Review the Contract: It is recommended to hire a professional lawyer to review the contract terms to ensure there are no ambiguous expressions or unfair clauses and to protect your own rights and interests.

Tip: Before signing, be sure to read the contract carefully, request written explanations from the developer for unclear terms, and retain all communication records. If any violations by the developer are found, you can file a complaint with the local housing management department.