Hefei Second-hand House Sales Contract Sample Time: 2007-4-25 Clicks: 2817
HCM-20 -4 ( ) Seller (Party A): _______________ Buyer ( Party B): _______________ Signing place: _______________ Contract number: ____________________ Hefei Real Estate Administration Supervised by Hefei Administration for Industry and Commerce Special Notice 1. This contract is signed by Hefei Real Estate Administration and Hefei Administration for Industry and Commerce in accordance with the "People's Republic of China Model texts formulated by laws such as the Contract Law of the People's Republic of China and the Urban Real Estate Management Law of the People's Republic of China. 2. This contract shall be used for the purchase and sale of existing houses (second-hand houses) when the parties to the contract conclude a transaction on their own or entrust a real estate brokerage (intermediary) agency to conclude a transaction. 3. The spaces in the contract shall be determined by negotiation between the buyer and the seller; the contents are parallel options, and may be marked with a √ to indicate selection or a × to indicate deletion according to the actual situation. 4. The sale and purchase of existing houses is a civil legal act involving a large amount of subject matter, strong professionalism, and many legal regulations. When both parties enter into the "Existing House Sales Contract", they should pay attention to the following issues: (1) Signing this contract Before doing so, the seller should submit the relevant registration information (inspection certificate) for the purchase and sale of existing houses to the buyer.
(2) If the existing house being bought and sold has been rented out, the seller shall notify the lessee three months before the sale, and the lessee shall have the right of first refusal under the same conditions. If the lessee gives up the right of first refusal (by issuing written materials), the buyer should continue to perform the lease contract after purchasing the house, and sign a lease change contract with the lessee at the local real estate management department (real estate branch).
(3) If the existing house being bought and sold has been mortgaged, the seller shall first handle the cancellation procedures of other rights or issue a written certificate that the mortgagee agrees to the transfer.
(4) The safety clause of the existing house is a necessary part of this contract, and the existing house purchased and sold should be able to maintain normal functions. If the buyer has objections to the safety of existing houses, the property owner should entrust a qualified house safety inspection agency to conduct an appraisal.
(5) If the owner of the house is registered with the owner, the owner should sign and seal it. Before selling or measuring the house, the property owner should reach an agreement with the owner (such as a spouse, etc.); if the owner raises objections after the sale, the original property owner shall bear legal responsibility.
(6) In the sale of existing houses that have been put into use, in addition to the handover of the existing houses and the transfer of rights, whether the original household registration, etc. are moved out in time will affect the rights and interests of the buyer. The parties can stipulate in Appendix 4 .
(7) The handover of the existing house is a process in which the seller delivers the existing house to the buyer according to the agreed date and method, and the buyer checks and accepts it; both parties should specify the delivery in Article 2 of the contract and acceptance date, select delivery method.
(8) Before signing this contract, the buyer should go to a bank or housing provident fund center to inquire about loan matters if he or she needs a loan. 5. For existing houses that are transacted through a brokerage agency, the parties concerned should sign a "Real Estate Brokerage Contract" before signing this contract.
6. The custody accounts for existing housing transaction funds are as follows: Commercial bank account number of the undertaking unit ICBC account number
Property rights supervision and processing center 1021301021000001551 2011729020138306
Luyang Sub-center 21312080030078 1302011729020138554
Shushan sub-center 1021701021000002158 1302011729020138179
Baohe sub-center 10237010210 00002768 130201179020138678 7. The sample text of this contract can be found on the Hefei Homestead website and the Property Rights Supervision Office, Yaohai Real Estate Branch, Check the five certification markets of Luyang Real Estate Branch, Shushan Real Estate Branch, and Baohe Real Estate Branch. 8. The "Arbitration Law of the People's Republic of China" stipulates the arbitration and contingent trial systems. If the parties to the contract choose arbitration, they can no longer File a lawsuit in court; and vice versa. Therefore, the parties may agree in Clause 12 of this contract to apply for arbitration to an arbitration institution or to file a lawsuit in the People's Court in accordance with the law, depending on the circumstances. Existing House Sales Contract (Contract No.: ) The person who established the existing house sales contract: Seller (Party A): Buyer (Party B): According to the laws and regulations of the People's Republic of China and the state-owned land, both parties A and B follow the voluntary, Based on the principles of fairness, good faith and good faith, this contract is concluded by consensus in order to abide by it. Article 1 The specific situation of Party A’s sale of the stock house is as follows: (1) The stock house is located in a building (car), garage, etc. in the urban area of ??Hefei: the ownership certificate number is: Type: Purpose: Structure:
(2) Square meters of building area (including area square meters).
(3) Equipment (non-stock house ancillary equipment) and decoration status transferred with the existing room (see Appendix 1 for details).
(4) Relevant relationships between Party A’s transfer of existing housing (including mortgage, lease, adjacency and other relationships) (see Appendix 4 for details).
Party A has truthfully stated the ownership status, equipment, decoration status and related relationships of the existing house; Party B has fully understood the specific conditions of the existing house transferred by Party A and voluntarily purchased the existing house. Article 2: After consultation, both parties A and B agree that the transfer price of the above-mentioned existing houses shall be in RMB (in capital letters): ¥¥¥¥¥¥.
Party B’s payment method and payment term shall be agreed upon by Party A and Party B in Appendix 2 of this contract. After Party B pays the existing house price, Party A shall issue a receipt of payment. Article 3: Party A and Party B agree that Party A will vacate the existing house before month, year, and notify Party B to carry out acceptance and handover. Party B shall inspect the existing rooms and their decoration and equipment within 3 days from the date of receipt of the notice. After the inspection, the existing house handover letter is signed and the key to the existing house is handed over to Party B, which is the delivery of the existing house. Article 4 Party A promises that from the date of signing this contract to the acceptance and handover of the existing house, if the decorations and ancillary facilities of the existing houses included in Annex 1 of this contract are damaged or demolished, they shall be compensated according to their value in yuan. Pay compensation to Party B. Article 5 Party A and Party B confirm that within days after the signing of this contract, Party A and Party B will jointly apply to the real estate management department for the registration procedures for the transfer of existing housing. Article 6: The risk liability for damage or loss of the above-mentioned existing houses shall be borne by Party B from the date of delivery of the existing houses.
Article 7 After this contract takes effect, Party A and Party B shall pay taxes and fees in accordance with relevant national regulations. [Party A] [Party B] shall pay national taxes and fees in RMB. The transfer price of existing housing should be close to the "benchmark house price" in Hefei City. Otherwise, it should be confirmed by the real estate management department, and the confirmed price should be used as the basis for collecting taxes and fees. Property management, water, electricity, gas, telecommunications and other expenses that have not been paid before the transfer of possession of the above-mentioned existing property rights are stipulated in Appendix 3 of this contract. Article 8 If Party B fails to pay the transfer price of the existing house within the time limit specified in this contract, Party A and Party B agree to handle it in the following manner. 1. If the delay does not exceed days, Party B shall pay Party A a liquidated damages of one ten thousandth of the fixed price of the existing house in the second clause of this contract on a daily basis, and the contract shall continue to be performed.
2. If Party B fails to pay the transfer price of the existing house to Party A after the expiration date, Party A has the right to unilaterally terminate the contract, and Party B shall pay Party A the transfer price of the existing house as stipulated in Article 2 of this contract on a daily basis. Liquidated damages of one ten thousandth. If Party B is willing to continue to perform the contract, the contract will continue to be performed with the consent of Party A. Article 9 If Party A fails to hand over the existing housing within the time limit stipulated in Article 2 of this contract, Party A and Party B agree to handle it in the following manner. 1. If the delay does not exceed days, Party A shall pay Party B a penalty of one ten thousandth of the transfer price of the existing house as stipulated in Article 2 of this contract on a daily basis, and the contract shall continue to be performed.
2. If it is overdue for more than days, Party A shall pay Party B a liquidated damages of one ten thousandth of the transfer price of the existing house as stipulated in Article 2 of this contract on a daily basis. If Party B terminates the contract, Party A shall refund all paid within days from the date of receipt of the notice of termination of the contract from Party B. If Party A is willing to continue to perform the contract, the contract will continue to be performed with the consent of Party B. Article 10 The supplementary clauses or supplementary agreements entered into by Party A and Party B through consultation and without violating relevant laws and regulations shall be an integral part of the sales contract. If the supplementary terms of this contract are inconsistent with the main terms, the supplementary terms shall prevail. Article 11 Party A and Party B agree to entrust the existing housing fund custody center sub-center of the real estate management department to manage the transfer price of the existing housing. Other matters and authority to be handled by the entrusted brokerage agency other than those stipulated in this contract shall be agreed upon by Party A and Party B in the "Real Estate Brokerage Contract" respectively. Article 12 If any dispute arises between Party A and Party B during the performance of this contract, they shall negotiate. If the negotiation fails, the solution shall be settled in the following way: 1. Apply to Hefei Arbitration Commission for arbitration
2. Sue the People's Court in accordance with the law. Article 13 This contract is made in quadruplicate. Party A and Party B shall each hold the One copy, one copy, and one copy for the real estate management department. Article 14 This contract shall take effect from the date of signature by Party A and Party B. Attachment 1: Equipment, decoration situation and treatment (pasting line) transferred at the same time as the existing rooms (stamped with seam seal) Equipment: Decoration: Regarding equipment and decoration costs, please follow the following paragraphs:
(1) The equipment and decoration costs listed above are included in the transfer price of the existing house stipulated in Article 2 of this contract, and Party B does not need to pay additional fees; Party A shall not dismantle it and shall hand it over to Party B with the delivery of the existing house
(2) The above-mentioned equipment and decoration costs are not included in the transfer price of the stock house stipulated in Article 2 of this contract. Party B needs to pay an additional fee of RMB (in capital letters). When the stock house is accepted and handed over as stipulated in this contract, Party B shall Party A shall pay Party A; Party A shall not dismantle it and shall hand it over to Party B when delivering the existing house. Attachment 2 Payment Agreement (Adhesive Line) (Seamless Seal Stamping Place) 1. Specific matters of entrusting the real estate management department to implement the custody of funds for existing housing transactions: (1) Party B agrees to deposit the transfer price of the existing housing into the real estate management within the following specified period Fund custody account established by the department. 1. Deposit RMB (in capital letters) into the custody account before the day of the year and month; and [application] within the day does not apply for the transfer procedures of existing housing.
2. Deposit RMB (in capital letters) into the escrow account before the month and year; and [application] do not apply for the transfer of existing housing within the day.
3. Party A agrees to Party B’s application for a mortgage loan from the bank, with a total amount of RMB (uppercase) yuan, and a housing provident fund loan in RMB (uppercase) yuan. Party B agrees to sign an agreement with the lending bank, submit relevant documents and pay relevant fees before March 2019. Party B agrees to authorize the bank to transfer all its loans to the following custody account: (2) If Party B cannot handle the process in accordance with the above regulations or [bank] [Housing Provident Fund Center] does not agree to the loan application, Party B shall transfer the insufficient part of the loan in the year Deposit in cash into the escrow account before the month. If Party B is unable to make up the amount in cash, the buyer and seller agree to terminate this contract and cancel the transfer registration application for the existing house sale, and agree to handle it in accordance with the following paragraph: 1. Party B shall not be liable for breach of contract.
2. Party B shall bear liquidated damages in RMB (in capital letters) yuan. 2. Specific matters regarding the custody of existing housing funds without entrusting the real estate management department: Party A and Party B confirm that the transfer price of the existing housing that has not been entrusted to be managed is RMB (in capital letters) as follows: (1) Party B shall pay the existing housing price to Party A on the year, month and day. . Calculated in RMB (uppercase) Yuan.
(2) Party B shall pay the existing house price to Party A when the house is delivered on month and year. Calculated in RMB (uppercase) Yuan. Attachment 3: Payment of property management water, electricity, gas, telecommunications and other other expenses (sticky line) (seam stamping area) Property management, water, electricity, gas, telecommunications and other other expenses that are not paid before delivery shall be borne by Party A Bear; after delivery, all costs incurred in using the existing rooms
will be borne by Party B. After Party A has accepted and delivered the existing houses as agreed in this contract, Party A will handle the transfer procedures for property management water, electricity, gas, telecommunications, etc. with Party B or with the assistance of a brokerage agency. House maintenance fund, water, electricity, gas, electricity and other installation fees shall be handled according to the following paragraphs: 1. Party A will transfer it to Party B free of charge, and Party B does not need to pay additional fees. 2. Party B shall pay Party A separately. The specific amount shall be paid by Party A and Party B when handling the property rights transfer procedures. Upon consensus reached by both parties, Party B shall pay Party A a total of RMB (in capital letters) for the above fees.
Attachment 4 Relevant relationships (including mortgage, lease, adjacent and other relationships) and account transfer (pasting line) (stamped with seam seal) 1. Mortgage situation Party A should report to the bank when purchasing the existing house I applied for a mortgage loan with a total amount of RMB (uppercase) yuan. When this contract was signed, the loan balance was RMB (uppercase) yuan. Party A should apply to the bank for early repayment of the loan and submit relevant materials. If Party A breaches the contract, Party A agrees to pay Party B liquidated damages (in capital letters) yuan.
2. Leasing situation Before Party A signed this contract, the existing house had been leased. Party A promised to notify the lessee in writing three months before the sale, and the lessee gave up the right of first refusal. Party B agrees to continue to perform the lease contract after purchasing the house and sign a lease change contract with the lessee at the real estate management department (real estate branch). 3. Household Registration Transfer Party A promises to go through the procedures for moving out of the original household registration at the (public security) police station where the existing house is located within 10 days from the date of transfer of the rights to the existing house. If Party A delays moving out of residence, Party A agrees to pay compensation to Party B in the amount of RMB/day.
Party A (1) Party B (1) Identity document ID number: Certificate number: Residential registered address: Residential registered address: Postal code: Postal code: Agent: Agent: Contact number: My legal representative’s contact number: Me Legal representative (signature and seal) (signature and seal)
Party A (2) Party B (2) Identity document Identity document number: Certificate number: Residential registered address: Residential registered address: Postal code: Postal code :Agent: Agent: Contact number: My legal representative’s contact number: My legal representative (signature and seal) (signature and seal) Signing time: Year, month and day Signing time: Year, month and day