With the continuous development of the spirit of the rule of law, people pay more and more attention to contracts, and more and more people mediate civil relations through contracts. When reaching an agreement, they can enjoy certain freedom in making contracts. So what should we pay attention to when making a contract? The following are five carefully arranged housing sales contracts. Welcome to read them. I hope you will like them. House purchase and sale contract 1
Party A (seller): ID number:
Party B (buyer): ID number:
In order to ensure the legitimate rights and interests of the house buyers and sellers, Party A and Party B hereby voluntarily reach an agreement on house purchase and sale as follows:
Article 1 Party A voluntarily agrees to set up an independent first and second floor (with a building area of square meters) in Binzhou Town, Binxian County through negotiation. Party A guarantees that it has complete ownership of the house it sells, without any burden such as mortgage.
article 2 the selling price of the above-mentioned house is RMB only (￥), and this price shall not be changed from the date when both parties sign the agreement.
article 3 the payment method is cash payment. on the date of signing this agreement, party b will pay the purchase price to party a in one lump sum.
article 4 because party a needs to move before handing over the house, party b gives party a one-month time, and party a must vacate the house and deliver it to party b on January, 2xx.
article 5 since the property ownership certificate has not been processed, party a must keep the original sales contract and related bills of the property in the custody of party b on the date of signing this agreement. In the future, after the issuance of the real estate license and land certificate, Party A must actively handle it, and must actively cooperate with Party B to go to the real estate department to handle the above-mentioned housing ownership transfer procedures, and hand over the new Real Estate License to Party B.. Once the ownership of the above-mentioned house is transferred, the property right and use right of the house shall belong to Party B, and Party A no longer has any rights such as property right and use right.
article 6 from the date of signing this agreement, in case of requisition, development, demolition and other rights and obligations related to this property, Party B shall enjoy and bear the rights and obligations arising from this property before this date.
article 7 the transaction transfer fee of the above-mentioned residence shall be borne by party a.
Article 8 Liability for breach of contract:
(1) If Party A fails to deliver the house and property certificate to Party B within the specified time after receiving the house purchase payment paid by Party B, it shall be deemed that Party A has breached the contract, and Party B has the right to require Party A to perform the contract and bear the liability for breach of contract, and also has the right to terminate this contract and require Party A to bear the liability for breach of contract.
(2) after the signing of the house purchase and sales agreement, if Party A fails to sell the above-mentioned house in breach of contract, Party A must not only return the house purchase money collected by Party B within the time specified by Party B, but also bear the liability for breach of contract by paying liquidated damages to Party B; If Party B has paid but terminated the house purchase, Party A will only return 8% of the money received to Party B..
(3) The breaching party shall bear 2% of the house price as penalty.
article 9 when party a delivers the house to party b, the house shall be kept in good condition, and all expenses such as water, electricity, heating and property shall be settled.
article 1 this agreement shall come into force after being signed by both parties. This agreement is made in duplicate, one for each party.
Party A:
Party B:
Contract of House Purchase and Sales on
Seller: (hereinafter referred to as Party A) ID number:
Buyer: (hereinafter referred to as Party B) ID number:
According to the provisions of relevant laws and regulations, Party A and Party B purchase the house from Party A on the basis of equality, voluntariness and consensus.
article 1 party a agrees to sell its own unit room property (with certified building area of square meters) in a residential building to party b, and party b has fully understood the house to be sold by party a and is willing to buy the house.
article 2 the transaction price of the above-mentioned property is: total price: RMB yuan only (in words: RMB yuan only).
article 3 party a guarantees that the sold real estate conforms to the national regulations on the listing of real estate, and that the property rights are clear, and that the materials provided are true and effective, and do not contain false contents. in case of any violation of the above agreement, party a shall bear the responsibilities.
article 4 sharing of taxes and fees both parties shall abide by the national real estate policies and regulations, and pay the taxes and fees required to handle the real estate transfer formalities as required. The expenses (including deed tax, transfer fee, etc.) incurred in the process of buying and selling transactions shall be borne by Party B through negotiation between both parties.
article 5 party b shall pay the down payment of RMB yuan only (in words: RMB yuan only) to party a before signing the Japanese contract in. Within one month after the signing of the contract, Party B shall pay the remaining amount of RMB Yuan only (in words: RMB Yuan only) to Party A.. If Party B fails to pay in time, it shall bear a penalty of 2% of the monthly interest of the total house purchase price.
article 6 party a shall assist party b in handling the house transfer formalities within five working days from the date of signing this contract; Party A shall deliver the house to Party B within five days after receiving all the purchase price. If Party A fails to assist in handling the above matters within the agreed time limit, it shall be liable to Party B for breach of contract, unless the delay is not caused by Party A's own reasons.
expenses (utilities, gas, heating, property fees, etc.) arising from delivery shall be borne by party a, and expenses (utilities, gas, heating, property fees, etc.) arising after delivery shall be borne by party B ..
article 7 this contract is made in duplicate, with party a and party b holding one copy respectively, and shall come into effect as of the date of signature and seal by both parties.
article 8 disputes arising from the performance of this contract shall be settled by both parties through negotiation. if negotiation fails, they may bring a lawsuit to the local people's court.
article 9 for matters not covered in this contract, party a and party b may make another agreement, and the supplementary agreement shall have the same legal effect as this contract after being signed and sealed by both parties.
seller (party a): buyer (party b):
contact information
mm, mm, mm, mm, mm, mm
remarks: photocopies of ID cards of Party A and Party B, property ownership certificate of this transaction, and attached list of donated houses and facilities are attached as annexes to this contract. Article 3 of the House Purchase and Sales Contract
Mortgagor: _ _ _ _ _ _ _
Mortgagee: _ _ _ _ _ _ _
In order to ensure _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. The mortgagee _ _ _ _ _ _ _ (hereinafter referred to as Party B) agrees to accept Party A's real estate mortgage on the basis of full understanding of its ownership status and current situation of use and management. When Party A mortgages the house to Party B, the land use right of the occupied area of the house shall be mortgaged to Party B together. Based on the principle of equality and voluntariness, both parties agree to enter into this contract on the following real estate mortgage matters, which shall be observed by both parties.
article 1 the real estate mortgaged by party a is located at unit _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
article 2 according to the master contract, both parties confirm that the debtor is _ _ _ _ _ _ _ _; The mortgage term is from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
article 3 the above-mentioned real estate value is RMB _ _ _ _ _ _ _ (in words) and _ _ _ _ _ _ _ (in figures) as assessed by the real estate appraisal agency. According to the master contract, both parties confirm that the amount (principal) of the subject matter of Party B's creditor's rights is _ _ _ _ _ _ (in words), _ _ _ _ _ _ _ _ (in figures), and the mortgage rate is _ _ _ _ _ _ _ _ _.
article 4 party a guarantees that the ownership of the above-mentioned real estate is clear. In case of property right disputes or creditor's rights and debts, Party A shall be responsible for clearing them up, and bear civil litigation responsibilities, and Party A shall be responsible for compensation for the economic losses caused to Party B from this.
article 5 party b guarantees to fulfill its obligations under the main contract. if economic losses are caused by party b's delay, party b shall be liable for compensation.
article 6 the mortgaged real estate is now used by _ _ _ _ _ _ _.
during the mortgage period, Party A shall undertake the obligation of repairing and maintaining the mortgaged real estate, and shall be responsible for ensuring that the mortgaged real estate is intact, and shall accept the inspection and supervision of Party B at any time.
in case of damage caused by improper use during the mortgage period, Party B has the right to demand that the real estate be restored to its original state or provided with a new mortgaged real estate recognized by Party B. If the above conditions cannot be met, Party B has the right to demand the debtor to repay the principal and interest in advance.
article 7 during the mortgage period, party a shall not transfer, buy, sell or lease the mortgaged real estate without authorization, and the mortgage shall not be set repeatedly. without the written consent of party b, all the above actions are invalid.
article 8 during the mortgage period, in case of division or merger of party a, the changed mortgaged real estate party shall undertake or undertake the obligations stipulated in this contract respectively. When Party A is declared dissolved or bankrupt, Party B needs to dispose of its mortgaged real estate in advance.
article 9 during the validity of this contract, if party b changes the terms of the main contract or extends the performance period of the main contract without the consent of party a, party a may terminate this contract by itself.
article 1 after this contract comes into effect, neither party shall change or dissolve this contract without authorization. if it is necessary to change or dissolve this contract, both parties shall reach a written agreement through consultation. before the agreement is reached, the terms of this contract remain valid.
article 11 in case of any dispute in the execution of this contract, both parties shall settle it through negotiation or apply to arbitration institution for mediation or arbitration. if negotiation fails or the arbitration intention cannot be reached, they may bring a lawsuit to the people's court.
article 12 during the mortgage period, when the mortgaged real estate is demolished and rebuilt, party a must inform party b in time, and according to the specific circumstances, change the mortgage contract or repay the principal and interest of party b with the compensation for real estate demolition, and go through the relevant registration formalities with the registration authority.
article 13 when the mortgage expires, if the debtor fails to repay the principal and interest of the debt and fails to reach an extension agreement with party b, the mortgaged real estate shall be handled according to legal procedures to pay off the principal and interest of the debt. If the proceeds from the disposal of the mortgaged real estate are insufficient to repay the principal and interest of the debt and bear the disposal expenses, Party B has the right to seek recourse separately; If there is any surplus after repayment of the principal and interest of the debt, Party B shall return it to Party A..
article 14 matters not covered in this contract shall be handled in accordance with the regulations on real estate mortgage management and relevant national, provincial and municipal regulations.
article 15 this contract shall be valid only after it is signed and sealed by both parties and registered by the municipal real estate market management department.
article 16 this contract is made in triplicate, one for each party and one for the real estate market management department.
article 17 other matters agreed by both parties: _ _ _ _ _ _ _.
party a (signature): _ _ _ _ _ _ _ party b (signature): _ _ _ _ _ _
legal representative: _ _ _ _ _ _ _ legal representative: _ _ _ _ _ _ _ _
entrusted agent. _ _ _ _ _ Tel: _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. This contract must be filled in with pen, carbon pen or brush, with neat handwriting and no alteration.
third, the mortgagor is the owner of the house; The mortgagee is the creditor.
iv. the blanks in the contract shall be filled in by both parties according to the actual situation.
five, the amount in words: one, two, three, four, five, six, seven, eight, nine and ten.
VI. If one or both parties to the contract are natural persons, the position of "legal representative" can be vacant. House sales contract article 4
1 Article 16 of the Property Law: If a person who has obtained the right of disposal in good faith transfers the real estate or chattel to the assignee, the owner has the right to recover it; Unless otherwise provided by law, the transferee shall acquire the ownership of the real estate or chattel under any of the following circumstances:
(1) The transferee took the real estate or chattel in good faith;
(2) transfer at a reasonable price;
(3) The transferred immovable property or movable property that should be registered according to the law has been registered, and the one that does not need to be registered has been delivered to the transferee.
if the transferee obtains the ownership of real estate or chattel in accordance with the provisions of the preceding paragraph, the original owner has the right to claim compensation from the person who has no right to dispose of it. Where the parties have acquired other real rights in good faith, the provisions of the preceding two paragraphs shall apply mutatis mutandis.
2
article 47 of the contract law
a contract concluded by a person with limited capacity for civil conduct is valid after ratification by the legal representative. however, a contract that is purely profitable or a contract that is compatible with his age, intelligence and mental health need not be ratified by the legal representative.
the counterpart may urge the legal representative to ratify it within one month. If the legal representative fails to give an indication, it shall be deemed as refusal to ratify. Before the contract is ratified, the bona fide counterpart has the right to cancel it. The revocation shall be made by notice.
article 48 a contract concluded by an unauthorized agent, where the actor has no power of attorney, exceeds the power of attorney, or a contract concluded in the name of the principal after the termination of the power of attorney, is not valid for the principal without ratification by the principal, and the actor shall bear the responsibility.
the counterpart may urge the principal to ratify it within one month. If the principal fails to make a statement, it shall be deemed as refusal to ratify. Before the contract is ratified, the bona fide counterpart has the right to cancel it. The revocation shall be made by notice.
Article 52 A contract is invalid under any of the following legal circumstances:
(1) One party entered into a contract by fraud or coercion, which harmed the national interests;
(2) Malicious collusion that harms the interests of the state, the collective or a third party;
(3) covering up illegal purposes in a legal form;
(4) harming the public interests;
(5) violating the mandatory provisions of laws and administrative regulations.
article 54 revocable contracts one party has the right to request a people's court or an arbitration institution to change or cancel the following contracts: (1) the contract was concluded due to a major misunderstanding; (2) obviously unfair at the time of conclusion of the contract.
if one party leads the other party to conclude a contract against its true meaning by fraud, coercion or taking advantage of others' danger, the injured party has the right to request the people's court or arbitration institution to modify or cancel it.
the people's court or the arbitration institution shall not revoke the request of the parties.
article 55 the cancellation right shall be extinguished as follows