发布时间 : 星期一 文章英语买卖合同更新完毕开始阅读
Purchase and Sale Contract for Real Estate in Shanghai Municipality
Special Announcement
1. This Contract is made as model contract by Shanghai Housing and Land Administration Bureau and Shanghai Administration of Industry and Commerce pursuant to “Contract Law of People’s Republic of China” and “Measures on Transfer of Real Estate in Shanghai Municipality”, which maybe adopted upon consent of interested parties or used as reference context.
2. This Contract may be applied to the purchase and sale of real estate except commodity houses to be pre-sold or sold by developers or state-owned houses to be sold.
3. The interested parties to this Contract may fill in the blanks herein after negotiation and agreement, and the content bracketed by [ ] could be selected by crossing the content which the parties do not wish to select.
4. The parties shall made and enter into this Contract adhering to principle of willingness and fairness, and shall notice the following issues:
(1) Right of Joint-Owners
Registration of property right is divided into two kinds of single ownership and joint
co-ownership, and co-ownership means that two or more owners enjoy the rights of ownership respecting the same property, in this regard, the co-owner or owners registered at the Title Certificate shall also execute this Contract.
The owner or owners registered at the Title Certificate shall obtain his/her spouse’s consent, and also shall be liable for any objection after sell.
(2) Deposit
Deposit is paid to secure performance of this Contract, and the parties may make
agreement on such as amount and date of payment in Appendix 3 hereto.
(3) Handover of Property
It refers to the process of the Seller’s delivering the Property to the Buyer at the date and manner as agreed and the Buyer’s inspection and acceptance. The parties shall
1
expressly stipulate the date of handover, inspection and acceptance and delivery manner as well.
(4) Property Quality
Clause of Property is mandatory in this Contract, and the property shall be kept in normal function. If the property is to be used after reasonable term of use, the owner shall entrust relevant qualified reconnaissance unit and devising unit for appraisal.
(5) Prior to execution of this Contract, the Buyer shall go to the Land and Housing Exchange Center to look up relevant record of registration (file) and make confirmation on possibility of title dispute and encumbrances so that to protect self interest.
(6) If the Property is let, the Seller shall notify relevant tenant three months prior to sell, and such tenant has a priority right to purchase the Property under equivalent condition. If such tenant abandons the priority right, the Buyer shall continue to perform lease contract and execute a contract with such tenant respecting change in interested party.
(7) If the Property is mortgaged, the Seller shall give a prior written notice to the mortgagee with consensus on such issue, in meantime, shall also disclose such issue to the Buyer.
(8) Land Use Right after Property Transaction
The use right of state-owned land where a living house is covered transfers with sell of the living house, and Article 3 (1) shall be applied in the event that the term of land use right is remarked on the Property Title Certificate.
(9) Transfer of Hukou Related to the Property
Performance of this Contract would also be affected on the condition that the old Hukou related to the Property could be moved out in a timely manner or not. The parties may insert provisions as such into Supplementary Clauses.
(10) Maintenance and Repair Fund
Pursuant to “Rules on Living House Management in Shanghai Municipality”, the parties shall give a written notice respecting the property transfer to the landlord management committee and property management unit within ten days upon effectiveness of this Contract, and handle change the name of account of maintenance
2
and repair fund. The parties may stipulate in the Supplementary Clauses with respect to balance in account of maintenance and repair fund.
5. If any appoint of qualified real estate broker to supply services as agent or mediacy arises, such broker shall sign and seal in Appendix 6, in which information of such broker shall be expressively shown in Article 1 for basis of complaint whenever any dispute arises between the parties and the broker company/or broker.
6. “Arbitration Law of People’s Republic of China” stipulates either arbitration or trial, and the parties shall not bring action with court once choose of arbitration. If the parties do not wish to bring action with court instead of arbitration, Article 13 in this Contract could be crossed.
3
Party A (the Seller):
Party B (the Purchaser):
Party A and Party B have made and entered into this Contract on the basis of equality, voluntary will and having reached unanimity through mutual negotiation.
Article 1 Party A
and
Party
B,
[without
through
broker
company]
[through
_______________company as midacy] agree to transfer to Party B the Property and use right of the land where such Property is covered (“Property”), and information of the Property is given as follows:
(1) Party A has obtained the Property Title Certificate, the number of the Property Title
Certificate is ; (2) the Property is located at _______________________________, type of the Property is new lane house;
(3) the construction area of the Property is square meters, and [the usage area] [the
proportionate area] of the land lot is ____ square meters;
(4) the floor plan and covering limits are to be described in Appendix 1;
(5) the land use right occupied by the Property covers is fallen within [state owned land
use right] [collective owned land use right]; and the state owned land use right is acquired by means of [grant ] [allocation];
(6) furbishing and facilities (excluding ancillary equipment related the Property) to be transferred with the Property is set forth in Appendix 2;
(7) the relevant affairs of the said Property (i.e., mortgages, leases, neighborhood, etc.)
are set forth in Appendix 5.
Party A promises to disclose condition of the Property title, furbishing and facilities and other affairs, and Party B fully understands the aforesaid matters and is willing to purchase the Property. Article 2
Party A and Party B agree to sell and purchase the said Property at the price of (_____currency) (in words): .
Party B’s payment method and term shall be set forth in payment clauses (Appendix 3) ,
4