(A) contract for the sale and purchase of commercial real estate (current sale)
Model text description
1. This contract text is a model text, by the Chinese people *** and the State Ministry of Housing and Urban-Rural Development, the Chinese people *** and the State Administration for Industry and Commerce *** with the development. Each place can be in the relevant laws and regulations, provisions of the scope, combined with the actual situation to adjust the corresponding content of the contract.
2. Before signing this contract, the seller shall show the buyer the relevant ownership certificates or supporting documents.
3. The seller shall fulfill its duty to remind the buyer of the material matters of the contract. The buyer shall enter into the contract with caution and, before signing this contract, shall carefully read the terms of the contract, in particular, review the contents which are selective, supplementary or modified, and pay attention to the prevention of potential market risks and transaction risks.
4. The text of this contract in the choice of content, fill in the blank part of the content and other need to delete or add the content, the parties should consult to determine. In the choice of content, selected by ticking; for the actual situation did not occur or the parties do not agree, should be in the space part of the ×, to indicate the deletion.
5. The seller and the buyer may, in respect of the contents which are not agreed upon in the text of this contract or which are not clearly agreed upon, make additional agreements in the blank lines after the relevant clauses in accordance with the specific conditions of the project being sold, or may sign a separate supplementary agreement.
6. The parties may decide the number of copies of the original of this contract in the light of the actual situation and check them carefully when signing the contract to ensure that the contents of each contract are consistent; in any case, the seller and the buyer shall hold at least one copy of the original contract.
Explanation of terminology
1. Commodity housing for sale: refers to the real estate development enterprises will be completed and accepted the sale of commodity housing to the buyer, and the buyer to pay the price of the house.
2. Legal agent: refers to the person who directly obtains the right of agency in accordance with the provisions of the law.
3. The floor area of the set: it refers to the floor area of the set of houses, which consists of three parts: the floor area of the set, the wall area of the set, and the floor area of the balcony of the set.
4. The building area of the house: it refers to the peripheral horizontal projection area of each floor above the foot of the external walls (columns) of the house, including balconies, corridors, basements, outdoor staircases, etc., and with a cover, structurally sound, with a storey height of 2.20M or more (including 2.20M) of the permanent building.
5. Force majeure: refers to the unforeseen, unavoidable and can not overcome the objective circumstances.
6. Civil building energy efficiency: refers to the use of civil buildings to ensure functionality and quality of the indoor thermal environment under the premise of reducing energy consumption in the use of its activities. Civilian buildings are residential buildings, office buildings of state organs and commercial, service, education, health and other public **** building.
7. Housing registration: refers to the housing registration agency in accordance with the law will be recorded in the housing rights and other matters that should be recorded in the housing register.
8. Ownership transfer registration: refers to the transfer of ownership of commercial housing from the seller to the buyer for the type of registration.
9. housing registration agency: refers to the municipality directly under the Central Government, the city and county people's government construction (real estate) department or its set up in charge of housing registration work.
10. Splitting and splitting sales: refers to the real estate development enterprises will complete sets of commodity residential split into several parts sold separately to the buyer's sales method.
11. Return to sales: refers to the real estate development enterprises to regularly return to the buyer of the purchase price of the sale of commercial housing behavior.
Sellers to the buyer to sell its development and construction of housing, the two parties shall, on the basis of voluntariness, equality, fairness and honesty and credit, in accordance with the "Chinese People's **** and the State Contract Law," "Chinese People's **** and the State Property Law," "Chinese People's **** and the State Urban Real Estate Management Law," and other laws and regulations, the sale of commodities and housing related to the contents of the negotiation to reach an agreement, to sign this contract of sale of commercial housing. Sign this contract for the sale and purchase of commercial real estate.
Chapter I Parties to the Contract
Seller: ____________________ Correspondence address: __________________ Zip code: ____________________ Business license registration number: ____________ Enterprise qualification certificate no: ______________ Legal Representative: ________________ Tel: ____________________ Appointed Agent: ________________ Tel: ____________________ Appointed Sales Broker: __________ Correspondence Address: ____________________ Postal Code: __________________ Business License Registration No.: ______________ Brokerage Filing Certificate No.: ________ Legal Representative: ___________________ Contact Tel: __________________ buyer: ____________________ legal representative person in charge: __________ nationality domicile: ____________ document type: resident identity card passport business license ______, certificate number: __________ date of birth: ________ Year _____ Month _____ Gender: __________ Correspondence Address: __________ Postal Code: __________ Contact Phone Number: __________ Proxy Legal Agent: __________ Nationality Domicile Location: __________ Document Type: Resident Identity Card Passport Business License _____, certificate number: __________ date of birth: __________ year _____ month _____, gender: __________ correspondence address: __________ postal code: __________ contact phone: __________ (buyer for more than one person, can be added accordingly)
Chapter II Basic Condition of Commercial Properties
Article 1 Basis of Project Construction
1. The seller obtains the construction land use right of the plot of land situated in __________ by way of granting and allocating __________. The parcel's state-owned land use certificate number __________ is __________ and the land use right area is _____ square meters. The land use occupied by the commercial house purchased by the Purchaser (hereinafter referred to as the Commercial House) is __________, and the date of termination of the land use right is _____ on __________.
2. The approved name of the commercial house project to be constructed by the seller on the said plot of land is __________, the construction project planning license number is __________ and the building construction license number is __________.
Second Sales Basis
The commercial house has obtained the construction project completion acceptance filing documents "House Ownership Certificate", the filing number "House Ownership Certificate" certificate number is __________, the filing agency housing registration agency is __________.
The third article of the basic situation of the commercial housing
1. The planning use of the commercial housing for residential office commercial __________.
2. The main structure of the building in which the commercial building is located is __________, and the total number of floors of the building is __________, including __________ floors above ground and __________ floors underground.
3. The commercial house is No. _____ on the _____ floor of the _______________ unit of the __________ building block in the project stipulated in the first article. The floor plan of the commercial house is attached as Annexure I.
4. The property survey and mapping agency of the commercial house is __________, and its measured floor area*** is _____ square meters, of which the floor area of the suite is _____ square meters and the apportioned*** has a floor area of _____ square meters. The commercial house *** use parts are shown in Annex II.
The commercial house has a floor height of _____ meters and has _____ balconies, of which _____ balconies are closed and _____ balconies are not closed. Whether the balconies are enclosed or not is subject to the planning and design documents.
Article 4 Mortgages
The mortgages relating to this commercial property are mortgaged unencumbered.
Mortgagor: __________, mortgagee: __________, mortgage registrar: __________, date of mortgage registration: __________, period of debt fulfillment: __________. The certificate of the mortgagee's consent to the transfer of the commercial property and the relevant agreement on the mortgage are attached as Annex III.
Article 5 Lease Situation The lease situation of the commercial property is that it is rented out without letting. The seller has leased the commercial property and the buyer is the lessee of the commercial property the lessee waives the right of first refusal.
Lease term: from __________ _____ month _____ to __________ _____ month _____ day. The seller and the buyer by consensus, from the delivery of this contract to the expiration of the lease term of the housing proceeds to the seller buyer.
The statement provided by the seller that the lessee waives the right of first refusal is attached as Annex IV.
Article VI Commitment on the Status of Housing Rights
1. The seller enjoys legal rights to the commercial house; 2. The commercial house has not been sold to anyone other than the buyer of this contract; 3. The commercial house has not been judicially sequestered or otherwise restricted from transfer; 4 ___________________________________. _____________________________________________; 5 ___________________________________. _____________________________________________.
If the status of the rights of the commercial property is inconsistent with the above, resulting in the inability to complete the registration of the transfer of the ownership of the house, the buyer shall have the right to rescind the contract. If the buyer rescinds the contract, it shall notify the seller in writing. The seller shall, within 15 days from the date of service of the notice of rescission of contract, refund all the housing price paid by the buyer (including the part of the loan paid), and pay interest calculated in accordance with the interest rate of _____% (not lower than the benchmark interest rate of loans for the same period published by the People's Bank of China) from the date of the buyer's payment. To the buyer caused losses, the seller shall pay the compensation of the paid house price twice the buyer's total loss.
Chapter III: Price of Commercial Premises
Article 7: Calculation of Price and Price
The seller and the buyer calculate the price of the commercial premises in accordance with the following _____ way:
1. Calculated on the basis of the floor area of the suite, the unit price of the commercial premises shall be _____ yuan per square meter (in currency), and the total price shall be _____ (in currency) _____ yuan (capital __________ whole).
2. Based on the floor area, the unit price of the commercial house is _____ (currency) _____ yuan per square meter, and the total price is _____ (currency) _____ yuan (capital __________ whole yuan).
3. Calculated according to the set, the total price of the commercial house is _____ (currency) _____ yuan (capital __________ whole yuan).
4. Calculated according to __________, the total price of this commercial property is _____ (currency) _____ yuan (capital __________ whole yuan).
Article 8 Payment Methods and Periods
(1) Before the signing of this contract, the buyer has paid the seller a deposit of _____ (currency) __________ yuan (capital), which shall be credited to the price of the _____ commercial house at the time of the signing of this contract for the delivery of the down payment of __________.
(2) The buyer takes the following _____ way of payment:
1. One-time payment. The buyer shall pay the full price of the commercial property before __________ January _____.
2. Installment payment. The buyer shall pay the full price of the commercial house in _____ installments before __________ the _____ month _____, and the first installment of the price of the house _____ (currency) _____ yuan (capital: __________ whole yuan) shall be paid before _____ the _____ month _____ of __________. __________.
3. Loan payment: provident fund loan commercial loan _____. The buyer shall pay the first installment of the house price _____ (currency) _____ yuan (capital __________ whole), which is _____% of the whole house price, before _____ month _____ of _____ year.
The balance _____ (currency) _____ yuan (capital __________ whole yuan) to __________ (lending institution) to apply for a loan to pay.
4. Other ways:
________________________________________________________________________________.
(3) The parties agree that the entire amount of the house price will be deposited into the following account: the name of the account is __________, the bank of account is __________, and the account number is __________.
The specific agreement on the pricing method, total price, payment method and term of the price of this commodity house is shown in Annex V.
Article 9 Late Payment Responsibility Except for force majeure, if the buyer fails to make payment in accordance with the agreed time, the two parties agree to deal with it in the following _____ ways:
1. According to the time of overdue payment, deal with it separately (((1) and (2) are not cumulative).
(1) If the overdue period is within _____ days, the buyer shall pay the seller a liquidated damages of _____ ten thousandths of the overdue amount on a daily basis.
(2) After the overdue period exceeds _____ days (which period shall be the same as the period in subparagraph (1) of this article), the seller has the right to terminate the contract. If the seller rescinds the contract, it shall notify the buyer in writing. The buyer shall pay the liquidated damages to the seller in the amount of _____% of the cumulative amount payable to the seller within days from the date of service of the notice of termination of the contract, and, at the same time, the seller shall refund to the buyer all the money paid for the house (including the part of the loan already paid).
If the seller does not terminate the contract, the buyer shall pay to the seller the liquidated damages of _____ ten thousandths of one percent of the overdue amount payable (which rate shall not be less than the rate in item (1)) calculated on a daily basis.
The late payment referred to in this Article means the difference between the payment due and the actual payment made for the period as agreed in accordance with Article 8 and Annex V; if payment is made in installments, it is determined in accordance with the difference between the payment due and the actual payment made for the period in the corresponding installment.
2______________________________. __________________________________________________.
Chapter IV Delivery Conditions and Delivery Procedures of Commercial Premises
Article 10 Delivery Conditions of Commercial Premises
The delivery of such commercial premises shall comply with the conditions listed in the following items 1, 2, __________ and __________: 1. Such commercial premises have obtained the certificate of acceptance of the completion of the construction project for the record; 2. Such commercial premises have obtained the house surveying report ; 3 _________________________. __________________________________________________; 4 _________________________. __________________________________________________.
If the commercial house is a residential house, the seller is also required to provide the Residential Use Instruction Manual and the Residential Quality Guarantee Certificate.
Article 11 Delivery Conditions for Facilities and Equipment Related to Commercial Housing
(1) Infrastructure Facilities
1. Water Supply and Drainage: The water supply and drainage facilities are complete at the time of delivery and are connected to the urban public **** water supply and drainage network. If the water supply is provided by self-built facilities, the quality of the water supplied meets the national hygiene standards for drinking water,_______________________________________________________________________________________________; 2. Power supply : The power supply is incorporated into the urban power supply network and officially supplied at the time of delivery, ______________________________; 3. Heating: The heating system meets the standard of heating distribution at the time of delivery, and if urban centralized heating is used, it is incorporated into the urban centralized heating pipeline network. ____________________________________________________________; 4. Gas: the laying of indoor gas pipeline is completed at the time of delivery, and connected with the city gas pipeline network to ensure gas supply. ______________________________________________________________________; 5. Telephone communication: line laying to the household at the time of delivery; 6. Cable TV: line laying to the household at the time of delivery; 7. Broadband network: line laying to the household at the time of delivery.
The seller shall be responsible for the opening procedures and bear the relevant costs for items 1, 2 and 3 above; items 4, 5, 6 and 7 shall be opened by the buyer itself.
If the infrastructure facilities do not meet the delivery conditions within the agreed period of time, the parties agree to deal with them in the following _____ way:
(1) If items 1, 2, 3 and 4 of the above facilities do not meet the delivery conditions on the agreed delivery date, the seller shall bear the responsibility of late delivery in accordance with Article 13 of the present contract.
If item 5 fails to meet the delivery conditions on time, the seller pays the buyer _____ yuan in liquidated damages on a daily basis; if item 6 fails to meet the delivery conditions on time, the seller pays _____ yuan in liquidated damages on a daily basis; if item 7 fails to meet the delivery conditions on time, the seller pays _____ yuan in liquidated damages on a daily basis. The seller takes measures to ensure that the relevant facilities reach the conditions for delivery and use within _____ days after the agreed delivery date.
(2) ___________________________________________________________________________.
(2) Public ****services and other supporting facilities (subject to the construction project planning permission)
1. Green space rate in the district: _____ reached __________ on _____; 2. Non-municipal roads in the district: _____ reached __________ on _____; 3. Planned Parking spaces and garages: _____ year _____ month _____ day to reach __________; 4. Property service rooms: _____ year _____ month _____ day to reach __________; 5. Health care institutions: _____ year _____ month _____ day to reach __________; 6. Kindergartens: _____ year _____ reached __________ on _____; 7. Schools: _____ reached __________ on _____; 8 ____________________. ________________________________________; 9 ____________________. ________________________________________.
If the above facilities do not meet the above conditions, the parties agree to deal with them in the following manner:
1. If the green space rate in the subdivision does not meet the above agreed conditions, ________________________________________.
2. If the non-municipal roads within the subdivision do not meet the above agreed conditions, ___________________________________.
3. If the planned parking spaces and garages do not meet the above agreed conditions, ___________________________________.
4. If the property service rooms do not meet the above agreed conditions, ________________________________________.
5. If other facilities fail to meet the above agreed conditions, _____________________________________________.
See Annex VI for specific agreements on relevant facilities and equipment within the Project.
Article 12 Delivery Time and Procedures
(1) The seller shall deliver the commercial property to the buyer before _____ month _____ of _____.
(2) After the commercial property reaches the delivery conditions agreed in Articles 10 and 11, the seller shall deliver to the buyer a notice of the time of inspection of the property, the time and place of the delivery formalities as well as the documents and materials that should be brought to the buyer in writing not less than 10 days prior to the expiration of the date of delivery _____. If the buyer does not receive the notice of delivery, the date of expiration of the delivery date agreed in this contract shall be the time for delivery procedures, and the location of the commercial property shall be the place for delivery procedures.
________________________________________________________________________________.
When delivering the commercial property, the seller shall produce the supporting documents that satisfy the agreement in Article 10. If the seller does not produce the supporting documents or if the supporting documents produced are incomplete and fail to satisfy the conditions agreed in Article 10, the buyer shall have the right to refuse to accept them, and the responsibility for the late delivery arising therefrom shall be borne by the seller and shall be dealt with in accordance with Article 13.
(3) Inspection of the house
1. The buyer has the right to inspect the commercial house before going through the delivery procedures, and the seller shall not take the payment of the relevant taxes or the signing of the property management documents as the preconditions for the buyer to inspect and go through the delivery procedures.
2. If there are the following quality problems of the commercial housing other than foundation and main structure inspected by the buyer, the seller shall be responsible for repairing them in accordance with the relevant engineering and product quality norms and standards within _____ days from the next day of the inspection and shall bear the cost of repairing them, and then deliver them after repairing them.
(1) Leakage or cracking of roof, wall and floor, etc.; (2) Blockage of pipeline; (3) Warping and cracking of doors and windows and damage of hardware; (4) Electrical equipment such as lamps and appliances cannot be used normally; (5) __________________________________________________________________________; (6) ___________________________________________________________________________.
3. After checking and inspecting this commercial property, both parties shall sign the handover sheet of the commercial property. If such commercial property is not delivered on time due to the buyer, both parties agree to deal with it as follows:
(1) __________________________________________________________________________; (2) __________________________________________________________________________.
Article 13 Late Delivery Responsibility Except for force majeure, if the seller fails to deliver such commercial property to the buyer in accordance with the time agreed in Article 12, the two parties agree to deal with it in accordance with the following ways of _____:
1. According to the time of late delivery, deal with it separately ((1) and (2) are not cumulative).
(1) Within _____ days of the overdue period (which shall be no more than the period in Article 9, paragraph 1(1)), from the day following the expiration of the delivery period agreed in Article 12 to the date of actual delivery, the seller shall pay the buyer a default penalty of _____ ten thousandths of one percent of the total price of the property on a daily basis (which shall be at a rate no less than the rate in Article 9, paragraph 1(1)).
(2) The buyer shall have the right to rescind the contract after the overdue period of more than _____ days (such period shall be the same as the period in item (1) of this Article). If the buyer rescinds the contract, it shall notify the seller in writing. The seller shall, within 15 days from the date of service of the notice of termination of the contract, refund to the buyer all the house price paid (including the part of the loan paid), and from the date of the buyer's payment, pay interest calculated in accordance with _____% (not lower than the benchmark interest rate of the same period of time for loans announced by the People's Bank of China); at the same time, the seller shall pay to the buyer the liquidated damages in accordance with the _____% of the whole house price.
The buyer requests to continue the performance of the contract, the contract continues to be performed, the seller pays the buyer the liquidated damages of 10,000% _____ of all the house price (which rate shall be no less than the rate in item 1(1) of this Article) calculated on a daily basis.
2_________________________. _______________________________________________________.
Chapter V Quality of Commercial Premises and Warranty Responsibility
Article 14 Quality of Commercial Premises
(1) Foundation and Main StructureThe seller undertakes that the foundation and main structure of the commercial premises are qualified and conform to the national and industry standards. The buyer shall have the right to terminate the contract if the test fails. The buyer shall notify the seller in writing of the termination of the contract. The seller shall, within 15 days from the date of service of the notice of termination of contract, refund all the house price paid by the buyer (including the part of the loan paid), and pay interest calculated in accordance with the interest rate of _____% (not lower than the benchmark interest rate of the loan for the same period as announced by the People's Bank of China) from the date of payment by the buyer. In case of loss caused to the buyer, the seller shall pay the compensation of double the paid house price of the buyer's total loss. As a result of the testing costs incurred by the seller.
The buyer does not terminate the contract, _______________________________________________________.
(ii) other quality problems the quality of the commercial housing should be in line with the relevant engineering quality norms, standards and construction drawings and design documents. Discovered in addition to the foundation and the main structure of the quality problems, the two sides in accordance with the following ways to deal with:
(1) timely replacement, repair; such as the buyer to cause losses, but also shall bear the corresponding liability for compensation.
___________________________________________________________________________.
(2) after the replacement and repair, still seriously affect the normal use, the buyer has the right to terminate the contract. If the buyer rescinds the contract, it shall notify the seller in writing. The seller shall, within 15 days from the date of service of the notice of termination of the contract, refund to the buyer all the real estate (including the part of the loan paid), and from the date of the buyer's payment, pay interest calculated in accordance with the _____% (not lower than the People's Bank of China's published benchmark interest rate for the same period of the loan). In case of any loss caused to the buyer, the seller shall be liable for the corresponding compensation. The testing costs incurred as a result shall be borne by the seller.
The buyer does not terminate the contract, _________________________________________________________________.