Before introducing the template, I'll give you a flowchart.
First, the second-hand housing sales contract model
Model text of second-hand house sales contract 1
Seller:? _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party A)? ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Buyer:? _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party B)? ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
According to People's Republic of China (PRC) Contract Law, People's Republic of China (PRC) Urban Real Estate Management Law and other relevant laws and regulations, on the basis of equality, voluntariness and consensus, Party A and Party B reach the following agreement on Party B's purchase of Party A's private house:
Rule number one The title certificate number, location, structure, level, area and ancillary facilities of the house sold by Party A..
1. The house ownership certificate number sold by Party A is "_ _ _ _ _", and the land use certificate number of the house is "_ _"? No ".
2. The house sold by Party A is located in _ _ _ _? Area _ _ _ _? Road (street) _ _? Number, used for _ _ _ _? Structure;
3. The building area of the house sold by Party A is _ _ _ _ _? Square meters;
4. The ancillary facilities of the house sold by Party A are _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _? .
Rule number two Room rate and other expenses
1、? Through negotiation between Party A and Party B, the total amount of the house sold by Party A is (RMB)? Pick up _ _? Wan _ _? Thousand _ _? One hundred yuan only (including ancillary facilities);
2、? Party A and Party B have reached an agreement, and the transaction taxes of both parties shall be borne by Party A..
Rule three. Payment type/method
__________________________________? __________________________________
__________________________________? __________________________________
__________________________________? __________________________________
Article 4? House delivery
After Party A and Party B complete the transfer formalities (pay taxes) in the exchange of real estate bureau? ___? Within days, Party A shall deliver the house to Party B. If Party A cannot deliver the house due to force majeure and other factors, the delivery time of the house can be postponed according to the facts.
Article 5? Party B's liability for breach of contract for overdue payment.
If Party B fails to make payment according to the payment method stipulated in this contract, Party B shall pay liquidated damages at the rate of 0.000 of the overdue amount for each day overdue. If the delay exceeds one month, it shall be deemed that Party B has failed to perform the Contract, and Party A has the right to terminate the Contract. At that time, Party B shall bear all transaction taxes of both parties to this transaction and pay _ _ _% of the house purchase price to Party A as liquidated damages. ..
Article 6? Party A's liability for breach of contract for late delivery.
If Party A fails to deliver the goods on time according to the provisions of Article 4 of this contract, Party A shall pay a penalty of 0.10% of the total house price for each day overdue. If the delay exceeds one month, Party A shall be deemed to have failed to perform the contract, and Party B shall have the right to terminate the contract. Party A shall bear all transaction taxes of both parties to this transaction, and pay _ _ _% of the house price as penalty to Party B. ..
Article 7? Party A guarantees that there is no property right dispute and financial dispute when the house is handed over. If there are any property disputes and financial disputes existing before the handover after the handover, Party A shall bear all the responsibilities.
Article 8? For matters not covered in this contract, Party A and Party B shall negotiate separately and sign a supplementary agreement. The supplementary agreement has the same legal effect as this contract.
Article 9? Any dispute arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, Party A and Party B may bring a lawsuit to the people's court where the house is located according to law.
Article 10? This contract shall come into effect as of the date of signature by both parties.
Article 11? This contract is made in quintuplicate, each party holds one copy, and the other three copies are submitted to the relevant departments for filing.
Party A (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _? Party B (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address (work unit): _ _ _ _ _ _ _ _ _ _ _ _ _ _? Address (work unit): _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _? Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model essay on second-hand house sales contract II
Seller: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party A)
Buyer: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party B)
1. With regard to the purchase and sale of houses, both parties reached the following agreement through consultation: Party A voluntarily sells the following houses to Party B:
1. Housing information: (Please fill in according to the property ownership certificate)
Room? House? Seats? autumn
Building number? Room number? Number of sets (room)? Architectural structure? Total floors? Building area (square)? use
2. The way to obtain the land use right of the house is "√": transfer () and transfer ().
2. Party A and Party B agree that the transaction price is RMB _ _ _ _ _ _ _ (in words) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Party B shall make the payment within _ _ _ _ _ _ _ _ years.
3. Party A shall deliver the above-mentioned house to Party B on _ _ _ _ _. The land use right within the occupied area of the house is transferred at the same time.
4. If there is any property right dispute in the sold house, all responsibilities shall be borne by Party A..
5. This contract shall come into effect after being signed by both parties and reviewed and evaluated by Jiaxing Real Estate Transaction Management Office, and shall be binding on both parties and strictly implemented. In case of breach of contract, the breaching party is willing to bear the liability for breach of contract, compensate for losses and pay liquidated damages.
6. Both parties are willing to pay taxes and go through relevant formalities in accordance with state regulations. Matters not covered in this contract shall be handled by both parties in accordance with relevant state regulations. In case of any dispute, both parties shall settle it through consultation; If negotiation fails, both parties are willing to apply to (_ _ _ _ _ _ _ _) Arbitration Commission for arbitration.
7. This contract is made in quadruplicate, with each party holding 1 copy, tax department 1 copy and housing management department 1 copy.
8. Other matters agreed by both parties: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
___________________________________________________________________________________________
Party A (signature or seal) _ _ _ _ _ _ _ _? Party B (signature or seal) _ _ _ _ _ _ _? Certificate Authority: _ _ _ _ _ _ _ _ _ _ _
Agent (signature or seal) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _? Agent (signature or seal) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date of Signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model essay on second-hand house sales contract 3
Seller: _ _ _ _ _ (hereinafter referred to as Party A)? ID number: _ _ _ _ _ _ _ _ _ _ _
Buyer: _ _ _ _ _ (hereinafter referred to as Party B)? ID number: _ _ _ _ _ _ _ _ _ _ _
According to People's Republic of China (PRC) Contract Law, People's Republic of China (PRC) Urban Real Estate Management Law and other relevant laws and regulations, on the basis of equality, voluntariness and consensus, Party A and Party B reach the following agreement on Party B's purchase of Party A's private house:
Article 1: The house ownership certificate number sold by Party A and its location, structure, level, area and ancillary facilities.
1. The house ownership certificate number sold by Party A is "_ _", and the land use certificate number of the house is "_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ No. ";
2. The house sold by Party A is located in _ _ _ _? Area _ _ _ _? Road (street) _ _? Number, used for _ _ _ _? Structure;
3. The building area of the house sold by Party A is _ _ _ _ _? Square meters;
4. The ancillary facilities of the house sold by Party A are _ _ _ _? .
Article 2: House price and other expenses.
1、? Through negotiation between Party A and Party B, the total amount of the house sold by Party A is (RMB)? Pick up _ _? Wan _ _? Thousand _ _? One hundred yuan only (including ancillary facilities)
Cost);
2、? Party A and Party B have reached an agreement, and the transaction taxes of both parties shall be paid by? The burden of the party.
Article 3: Method of payment.
____________________________________________________________________________________
____________________________________________________________________________________
Article 4: Delivery of the house.
After Party A and Party B complete the transfer formalities (pay taxes) in the exchange of real estate bureau? ___? Party A shall deliver the house to Party B within days. If Party A cannot deliver the house due to force majeure and other factors, it can extend the delivery time of the house according to the facts.
Article 5: Party B's liability for breach of contract for overdue payment.
If Party B fails to pay according to the payment method stipulated in this contract, Party B shall pay a penalty of two thousandths of the overdue amount for each day overdue. If the delay exceeds one month, it shall be deemed that Party B fails to perform the Contract, and Party A has the right to terminate the Contract. At that time, Party B will bear all transaction taxes of both parties to this transaction and pay 65,438+00% of the house purchase price to Party A as liquidated damages.
Article 6: Party A's liability for breach of contract for overdue delivery.
If Party A fails to deliver the house on time as stipulated in Article 4 of the Contract, it shall pay a penalty of 0.2 ‰ of the total house price for each day overdue. If the delay exceeds one month, it shall be deemed that Party A fails to perform the contract, and Party B has the right to terminate the contract. Party A shall bear all transaction taxes of both parties in this transaction and pay Party B a penalty of 10% of the house price.
Article 7: Party A guarantees that there are no property rights disputes and financial disputes in the house when it is handed over. After the delivery of the house, if there is any property right dispute or financial dispute existing before the delivery of the house, Party A shall bear all the responsibilities.
Article 8: For matters not covered in this contract, Party A and Party B shall negotiate separately and sign a supplementary agreement. The supplementary agreement has the same legal effect as this contract.
Article 9 Any dispute arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, Party A and Party B may bring a lawsuit to the people's court where the house is located according to law.
Article 10: This contract shall come into force as of the date of signature by both parties.
Article 11: This contract is made in quintuplicate, each party holds one copy, and the other three copies are submitted to the relevant departments for filing.
Party A (signature and seal):? Party B (signature and seal):
Address (work unit):? Address (work unit):
Telephone:? Contact telephone number:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Second, the second-hand housing sales contract matters needing attention
1. Are the property rights and procedures complete?
The real estate license is the only proof that the owner owns the house. There is no real estate license, which is extremely risky for the buyer. The owner can mortgage or resell the real estate license, even if it is not obtained in the future, the owner can mortgage and resell it. Therefore, it is best to choose a house with real estate license for trading. Some houses * * * have many rights * * *, such as heirs * * *, families * * * and couples * * *, so the buyer has to sign a house sales contract with all * * * people. If only some * * * people dispose of * * *' s property without authorization, the sales contract signed by the buyer and the seller is generally invalid without the consent of other * * * people.
Therefore, market participants of "Trust One Day" believe that; The most effective way is to entrust a reputable and professional real estate brokerage company to undertake the guarantee responsibility, verify the true identities of buyers and sellers, and confirm that there is no property right dispute.
2. Clarify the transaction price and tax obligation.
When signing the contract, you must indicate the official transaction price, as well as the transaction time, transaction taxes and fees, which party is responsible for the taxes and fees.
Judging from the current tax policy, the taxes and fees paid by the owners in the process of buying and selling real estate are: business tax, personal income tax and stamp duty; Taxes and fees paid by customers include deed tax, land transfer fee and stamp duty (50-50 split with owners).
3. Clarify the responsibilities of buyers and sellers
Signing this clause is very important. If one party bears the liability for breach of contract, what kind of rights should it have, what kind of compensation should be given to the interests of both parties when signing the contract, the amount of liquidated damages and delivery time should be clearly written, and there can be no objection.
4. Define the payment method and time.
Both parties shall specify the payment method and time in the contract. Such as the proportion, quantity and time of the down payment and the final payment, so as to ensure that the buyer can have evidence to follow when defaulting by stages or reducing the payment amount, and better safeguard his own rights and interests. In the case of buying and selling second-hand houses, it is not uncommon for customers to buy second-hand houses through loans, but it is not uncommon for the transactions to fail because the loans are not approved. Therefore, in order to avoid wasting unnecessary time, the owner should confirm whether the customer can be approved as soon as possible.
5. The transfer time should be clear.
The transfer time should be clear, and the buyer is most concerned about when the house will eventually belong to me. Therefore, the agreed transfer time is one of the more important terms in the contract, and the buyer needs to be cautious and sign an accurate deadline.
6. Property delivery should be clear.
Don't forget the property delivery stage when signing the sales contract. The delivery time of water, electricity, gas, property, heating and other expenses must be agreed in the payment terms. For the payment time and standard of property fees, heating fees and other expenses, the contents of the agreement should be changed in the original owner's unit, and the cooperation that the seller should make when the buyer needs to change the agreement should be clearly indicated in the contract to safeguard the interests of the buyer.
7. Second-hand Housing Sales Contract Treaty
First,? The name or address of the party here is mainly to find out the specific situation, address and contact information of the party to avoid being defrauded; Both parties shall make a detailed and clear introduction or investigation to each other; It should be stated whether * * * has property, whether husband and wife * * * have property and whether family * * * has property.
Second, the goal.
The location, nature, area, structure, pattern, decoration, facilities and equipment of the house should be stated here; At the same time, it is also necessary to clarify the ownership of housing property (linked to Article 1); Whether the original sales unit is allowed to resell; Whether there are defects in mortgage or other rights; Whether there are some illegal buildings; Payment of housing property management fees; Handover process of housing-related documents and materials.
Third, the price
And payment time agreement. Generally, newly-built commercial houses and pre-sold commercial houses calculate the house price according to the building area of the houses bought and sold, that is, the price per square meter of building area is agreed, and then the unit price is multiplied by the building area to calculate the price that the house needs to pay. The sale of old houses sometimes directly stipulates the price to be paid for each house or house. Generally speaking, a payment schedule should be listed in the contract, and the buyer will pay the seller the required price for each installment according to this schedule.
Four. Time limit, place and method of performance
Here we mainly talk about the delivery time; Conditions; The process of handling relevant formalities; Cooperation and coordination; How should both parties seek the services of intermediary companies, lawyers and evaluation agencies? How to share various taxes and fees; What to do when the price goes up or down.
Verb (abbreviation of verb) liability for breach of contract
Here, it mainly explains which situations belong to breach of contract; How to bear the liability for breach of contract; Calculation and payment of liquidated damages, security deposit and compensation; Under what circumstances can it be exempted; The form of guarantee; What is the application of the choice of liquidated damages and deposit? .
The method of solving disputes by intransitive verbs
The main agreement here is whether to settle disputes through arbitration or litigation. It should be noted that if both parties agree to settle the dispute through arbitration, they should write clear terms according to the provisions of China Arbitration Law.
Seven. Effective terms of the contract
Both parties hereby reach an agreement on the effective time of the contract; Valid or invalid conditions; The parties cannot unreasonably obstruct the conditional realization or fail to realize it for their own interests; Effective or invalid period; Circumstances that lead to the invalidity of the contract; Several invalid exemption clauses; Conditions for the parties to request modification or termination of the contract; How to return the property after the contract is invalid or dissolved?
Eight. Suspension, termination or rescission clause of contract
According to the provisions of Articles 68, 91 and 94 of the Contract Law, the parties to a contract may suspend, dissolve or terminate the house sales contract. Here, it is necessary to clearly stipulate the conditions for suspension, termination or dissolution of the contract; Obligations such as notification, assistance and confidentiality that should be performed under the above circumstances; Time limit for exercising the right of cancellation; Remedial measures; How to return the property after the contract is suspended, terminated and dissolved?
Nine. Alteration and assignment of contract
Here, the conditions of contract modification and transfer or the prohibition clauses that cannot be modified and transferred are agreed.
The signing of the second-hand housing sales contract is a crucial part of the second-hand housing sales. Practice all the details of buying a house to lay a solid foundation for avoiding future disputes. On the other hand, even if there is an unfortunate dispute in the future, there is evidence to support the reasoning, so everyone must carefully read the precautions of the second-hand sales contract and the details of the contract and treaty, and try to read it word by word, not three lines!