A new version of the contract features 1, the text of the agreement is more detailed
Relative to the old version of the "contract", the new version of the text of the agreement is more detailed, to the new provisions, small to the scope of the expression of specific terms, have made strict provisions and distinctions, such as the "contract" of the third article on the basic conditions of the commercial property expression, taking into account the "4 ", "13" and other special numbers by avoiding the situation, agreed to fill in the contract not only the building's "physical floors", but also to fill in the building's "nominal number of floors "
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2, more stringent constraints on the developer
Overall, the new version of the "contract" of the developer's constraints are more stringent, such as handover notification at least 10 days in advance, inspection and delivery shall not be premised on the provisions of this article in the eleventh article there is a clear embodiment of: "the commercial property to achieve the delivery of Article IX, Article X agreed upon conditions, the seller should be in the * days (not less than 10 days) before the expiration of the delivery date, the seller shall send the buyer a notice in writing of the time of inspection of the house, the time and place of the delivery formalities, and the documents and materials that should be carried." In addition to this, "Before going through the delivery procedures, the buyer shall have the right to inspect the commercial house, and the seller shall not make the payment of relevant taxes and fees or the signing of property management documents as a precondition for the buyer to inspect and go through the delivery procedures."
3, the developer's liability for breach of contract is stricter and more in place
The new version of the Contract for the developer's liability for breach of contract is stricter and more in place. The Contract stipulates that if the conditions for the termination of the contract are reached, "the buyer shall have the right to terminate the contract, and the seller shall return the house price paid by the buyer (including the part of the loan paid) within 15 days from the date of the notice of termination of the contract, and pay the interest from the date of the buyer's payment in accordance with the prime rate of interest for loans in the same period of time which shall not be lower than that announced by the People's Bank of China. If it causes losses to the buyer, the seller pays to the buyer the compensation of double the amount of the house price paid to the buyer for all the losses of the buyer."
4, more stringent delivery conditions
The new version of the "contract" on the delivery of more stringent provisions, the delivery of commercial housing must "have obtained the construction project completion acceptance of the record file", and "has obtained the qualified real estate surveying and mapping agency issued by the housing area surveying and mapping report (real mapping)". The report (actual mapping)".
5, supplemental agreements are restricted
In addition, the new version of the "contract" in the most noteworthy point is that the supplemental agreement is also strictly limited. Article 29 of the Contract clearly states, "Supplementary agreement contains unreasonable mitigation or exemption of the responsibility agreed in this contract should be borne by the seller, or unreasonable aggravation of the buyer's responsibility, exclusion of the buyer's main rights content, still prevail in this contract."
6, balancing the rights of Party A instructions
Overall, the new version of the "Contract" increased the restrictions on the developer, the obligations of Party A made more clear and more stringent provisions, but at the same time, there are some can balance the rights of Party A instructions, such as the "Contract", Article 11 clearly states, "the buyer has not received the delivery notice. The date of expiration of the delivery date agreed upon in this contract shall be the time for the delivery procedures, and the location of such commodity house shall be the place for the delivery procedures."
Second, the new version of the main provisions of the contract understanding and application
Chapter I parties to the contract
1, pay attention to the "mailing address" to fill out. Article 26 of the contract clearly states that "the documents issued under this contract, shall be in writing, by postal courier registered mail to the other party." In view of this, can ensure that the delivery of the mailing address has become a top priority.
2, *** there is legal common sense. The house is *** Sometimes, when filling out the Contract, you can add the buyer to the form at the end of Chapter One.
(1) *** with **** have and the difference between the share of **** have
(2) **** have the form of the agreement shall prevail
(3) there is no agreement, the family purchase of the house is *** with **** have, and the other is regarded as a share of the share of the **** have
Chapter II of the basic conditions of commercial housing
This chapter adds the fourth article "Mortgage situation", Article V "housing rights status commitment". Article 4 and Article 5 are new clauses added to the new version of the Contract, and it is worth noting that Article 5 clearly stipulates that "if the right condition of this commercial house is inconsistent with the above, resulting in the inability to complete the online filing of this contract or, the buyer has the right to terminate the contract."
Chapter III of the price of commercial real estate
1, the pricing method is more flexible and diverse. The new version of the "contract" pricing not only set of floor area, and floor area, set, basic unit, or other pricing methods, flexible and diverse.
2, the price of decoration must be listed clearly. If the price of commercial housing contains decoration price, must be clearly filled in the Contract.
3, loan payments written into the contract.
4, the payment of maintenance funds. The Contract stipulates that "the buyer shall pay the special maintenance funds for the property in accordance with the relevant provisions."
Chapter 4: Delivery Conditions and Procedures for Delivery of Commercial Properties
1. The conditions for handing over the property are more stringent: the completion record and the actual measurement report. The new version of the "contract" for the conditions of delivery of housing clearly stipulates that you need to obtain the completion of the record and the actual test report.
2, must open the water and electricity a household meter, gas meter.
3, other infrastructure and public **** facilities also have delivery time agreement. The Contract states that public **** services and other supporting facilities (subject to the construction project planning permission), such as green space, non-municipal roads, parking garages, health care institutions, kindergartens, also have delivery time agreement.
4, advance notice of delivery, not surprise. The Contract stipulates that "the seller shall send the buyer a written notice of the time of inspection of the house, the time and place of the delivery formalities, and the notification of the documents and materials that should be brought to the buyer * days before the expiration of the delivery date (not less than 10 days)."
5, first inspection, after delivery. Inspection shall not set preconditions. The new version of the "contract" clearly states that "before the delivery procedures, the buyer has the right to inspect the commercial property, the seller shall not pay the relevant taxes and fees or sign the property management documents as a prerequisite for the buyer to inspect and handle the delivery procedures."
6. Repair first, deliver later. Article 11 of the Contract stipulates that "if the commercial house inspected by the buyer has the following quality problems other than foundation and main structure, 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 shall deliver them after repairing them." Among the quality problems within the scope of repair include: leakage or cracking of roofs, walls and floors, etc., clogged pipes, warped doors and windows, damaged hardware, lamps, electrical appliances and other electrical equipment that cannot be used normally.
7. No late delivery of compensation for discrepancies is prohibited.
Chapter VI planning and design changes
1, the distinction between "planning changes" and "design changes", respectively. The new version of the "contract" will be "planning changes" and "design changes" to make a distinction between the old version of the original contract of a clause into two, the content is more detailed, more accurate expression.
2. The buyer shall be notified of the change within 10 days, and if the buyer fails to comply with the notification, the buyer shall have the right to terminate the contract. The Contract provides that the buyer should be notified of any changes within 10 days.
3. Liability for breach of contract. Planning and design changes may affect the quality of the buyer's purchase of commercial housing or the use of functional situations, the buyer has the right to terminate the contract, the seller and need to bear the responsibility for breach of contract.
Chapter VII of the quality of commercial real estate and warranty responsibility
1, the quality of the building is divided into categories of provisions. Including foundation and main structure, other quality problems and decoration and equipment standards.
2, added air quality, building sound insulation and civil building energy-saving measures as quality standards. The Contract's standards for building quality also extend to air, noise and energy conservation.
3. The warranty period exceeds the statutory standards. (Annex VII clearly states that "the warranty period of the commercial housing shall be calculated from the date of delivery of the housing, and the agreement on the warranty period shall not be less than the minimum warranty period stipulated in Article 40 of the Regulations on the Administration of the Quality of Construction Works.")
4, quality guarantee is not a mandatory requirement, you can fill in "no".
Chapter X Other Matters
1) Owner **** there are parts of the provisions are very clear.
2) Parking spaces garages, clubhouses, etc. can still be freely agreed upon.
3) Collection of deed tax on behalf of the owner is strictly prohibited. The Contract clearly states that "the seller shall not collect the deed tax payable by the buyer on behalf of the buyer in connection with the purchase of the commercial property, and the buyer shall declare and pay the deed tax to the tax department on his own in accordance with the regulations."
4) Inform of the circumstances that obscure or hinder the normal use of the house. Article 25 of the Contract states, "The seller undertakes to have informed the buyer of the circumstances that obscure or impede the normal use of the house. (e.g., the commercial housing public **** pipeline maintenance ports, columns, substation boxes, etc., there is blocking or hindering the normal use of housing)"
5) Information confidentiality is written into the contract. The new version of the Contract states, "The seller is obligated to keep the buyer's information confidential."
6) Restrictions on the use of supplemental agreements. The Contract increases the restrictions on supplementary agreements, stating clearly, "If the supplementary agreement contains unreasonable mitigation or exemption of the responsibility agreed in this contract should be borne by the seller, or unreasonable aggravation of the buyer's responsibility or exclusion of the buyer's main rights content, this contract shall still prevail."