北京市商品房预售合同(英文).docx

contract no.: beijingcommodity housing presale contractseller: buyer: housing location: beijing municipal construction committeey339293beijing municipal industrial and commercial administration bureauinstructions1. this contract is a model contract prepared by beijing municipal construction committee and beijing municipal industrial and commercial administration bureau together.2. before signing of the presale contract, the seller shall show the presale license of commodity housing and other related certificates and documents to the buyer.3. both parties should achieve this contract in accordance with the principle of voluntariness, fairness and good faith; either must not impose the views on the other party. both parties can modify, supplement or delete the content of the articles. after the contract comes into effect, the confirmed text will be considered as the content agreed by both parties.4. before signing of the presale contract, the buyer should read the contract articles carefully, especially the content of selectivity, complementariness, fallibility and modifiability. 5. in order to represent both parties voluntariness, there will be blank lines following the related articles in this contract for both parties to stipulate or supplement the contract. with regard to the contents which havent been included or stated in-exhaustively in this contract, the seller and the buyer can sign a fair and reasonable supplementary agreement, and also supplement the contract at the blank lines following the related articles according to the specific condition of the presold item. 6. both parties should determine how to fill in the selecting contents in , blank spaces, and other contents required to be deleted or supplemented in the contract through consultation. the selecting contents in should be selected with a ; if it doesnt happen actually or something hasnt been stipulated by both parties, write a in the blank space for deletion. 7. in case of disputes in the execution of the contract, both parties can choose to sue to the peoples court at the place where the real estate is located, or apply for the arbitration by the arbitration commissions, such as beijing arbitration commission, china international economic and trade arbitration commission or some arbitration commissions in other places. 8. both parties can decide the copies of the original contract according to the actual situation, and check them carefully when signing the contract, in order to make sure the content of each copy are consistent; in any case, the buyer should hold at least one copy of the original contract. beijingcommodity housing presale contractseller: address: postal code: registration number of business license: enterprise qualification certificate no.: legal representative: tel.: entrusted agent: x tel.: x entrusted sales agency: x address: x postal code: x registration number of business license: x buyer: x : x nationality: china identification card : birthday: , gender: address: postal code: x tel.: x according to the regulations of the contract law of peoples republic of china, law of the peoples republic of china on administration of the urban real estate, measures on the administration of urban real estate transfer in beijing and other related laws and regulations, the buyer and the seller achieve the following agreements on the sales of commodity housing on the basis of equality, voluntariness, fairness and consensus. article 1 reference for project constructionthe seller has obtained the state-owned land use right of the plot located at _ through transfer of the right to use land and acquired certificate of real estate title through legal registration of the use right. the number of the certificate is: and the land area is: , and purpose of the land is for residential houses. (hereinafter refers to as the houses); the term for land use will start on and end on .with approval, the seller has invested to build commodity housing on the said land lot mentioned above, with a temporary name of , the construction engineering planning permit number of _, and the construction engineering working license number of _; the starting date of the construction stipulated in the contract should be _ and the completion date will be _. article 2 reference for salesthe commodity housing has been approved to be qualified for presale by beijing municipal construction committee, with the presale license number of _. article 3 basic informationthe commodity housing is located at: _.the main building of this houses bears: reinforced concrete structure; and the building consists of 19 storeys, including an over-ground part of _ floors and an underground _ floors.the commodity housing refers to _ mentioned in the item of article 1. the room number as a temporary number now will be subject to the final number approved by the administration department of public security; references can be made to annex 1 for the housing plan and location plan in the whole building.the purpose of this commodity housing is to be an apartment: the floor height of this house is 3.6 meters, net height of the slope roof the minimum height: x meters, the maximum height: x meters. the orientation of the commodity housing is: to east; no balcony, among there are 0 enclosed balconies and 0 unclosed balconies.the seller entrusts a mapping institution of _ to predict that the building area of the house is _ square meters totally, which includes _ square meters of interior building area and _ square meters of public share building area. references can be made to annex 2 for the introduction of the public share building area.when both parties sign the contract, the construction progress status of the commodity housing building is x . the floor height mentioned in this article refers to the vertical distance between an upper floor and a lower floor or between the floor and the ground. the net height refers to the vertical distance between a floor and the soffit of the upper floor or between the ground and the underside of the suspended ceiling. article 4 reference for mortgage the mortgage condition of this house is: 1 . 1. the land use right shared by this house and the construction in progress are not set to mortgage.2. the land use right shared by this house has been set to mortgage, with the mortgagee of _x_ at the mortgage registration department of _x_ on the date of _x_.3. the construction in progress of this house has been set to mortgage, with the mortgagee of _x_ at the mortgage registration department of _x_ on the date of _x_._x_ .the presale certificate of this house and other covering mortgage approved by the mortgagee refers to annex 3.article 5 pricing mode and purchase priceif this house is used as residence, the seller and the buyer shall agree to calculate the price of this house according to the first method below. therein, if this house is an affordable housing, the seller and the buyer shall agree to calculate the price of this house according to the first and second methods below respectively. if this house is non-residential, the seller and the buyer shall agree to price the commodity house according to the first method below.1. according to the interior building area, this house can be priced to be rmb (currency)_ yuan per square meter, with the total price of rmb _x_ billion _x_ hundred _x_ million _ hundred and _ thousand _ hundred _ yuan only. 2. according to the building area, this house can be priced to be _ x _ (currency)_ x_ yuan per square meter, with the total price of rmb _x_ billion _x_ hundred _x_ million _ x_ hundred and _ x _ thousand _x_ hundred _x_ yuan only. 3. according to the suite (unit), the total price of the house can be priced to be _ (currency)_ yuan per square meter, with the total price of rmb _x_ billion _x_ hundred _x_ million _ x_ hundred and _ x _ thousand _x_ hundred _x_ yuan only. 4. according to _ x_, the total price of the house can be priced to be _ x _ (currency)_ x_ yuan per square meter, with the total price of rmb _x_ billion _x_ hundred _x_ million _ x_ hundred and _ x _ thousand _x_ hundred _x_ yuan only. for the detailed agreement on terms of pricing and cost, see the annex 4.the building area here refers to horizontal projected area of each floor above the outside wall plinth of a permanent building with the floor height of over 2.20 meters (including 2.20 meters), including balconies, overhanging corridors, basements, and exterior stairs and so on, which is also roof covered and stably constructed. the interior building area refers to the usable area, wall covering and balcony areas in total inside each unit of the commodity house.article 6 payment term and deadlinethe buyer shall pay for the house by the following methods1. lump-sum settlement.2. installment payment3. credit payment. the buyer can pay _x_ % of the total price of the house as down payment, and then pay the balance by credit from the bank of _x_ or the housing fund administration department. 4. the other methods.references can be made to annex 5 for the agreement on the detailed payment terms and deadline. article 7 the seller shall guarantee that the house for sale is not involved in any dispute of ownership. in case of the inability to handle ownership registration or occurrence of credit and debt disputes, the seller shall undertake all the responsibilities._x_article 8 agreements on planning alterationthe seller shall build the house according to the conditions stipulated in the construction planning permit approved and issued by the planning administration department and cannot alter the planning without authorization.if the seller wants to alter the conditions stipulated in the construction planning permit, the seller should obtain the agreement of the affected buyers in writing, as well as the approval of the planning administration department. for the losses of the buyers interests caused by the planning alteration, the seller should provide the corresponding compensation. article 9 agreements on design alterationi. with the approval of the design inspection unit entrusted by the planning administration department, the following alterations on the construction design documents which will affect the quality and use functions of the house, the seller should inform the buyer by written notice within 10 days after the approval of the design inspection unit.1. the construction, layout, space dimension, orientation;2. heating methods;3. _x_; 4. _x_; 5. _x_.if the seller doesnt inform the buyer within the stipulated time, the buyer has the right to cancel the order. ii. the buyer should reply in written whether to cancel the order or not within 15 days after receiving the notice. if the buyer doesnt give any reply within 15 days after receiving the notice, it will be deemed that the purchaser accepts the alterations. iii. if the buyer cancels the order, the seller must return the effected payment within _30_ days after receiving the notice of cancellation, and also pay the interests according to the interest rate of individual housing loan issued by the bank in the corresponding period. if not cancel the order, the buyer shall sign a supplementary agreement with the seller. _x_article 10 purchasers responsibility for breach of contract due to overdue paymentif the buyer fails to make the payment in the stipulated time, the first method will be complied with:1. handle separately according to the overdue period, (1) and (2) are not cumulative)(1) if the overdue period is less than 30 days, the buyer shall pay 0.015 percent of the overdue payment per day within 30 days after the actual payment date to the seller as a penalty from the second day after the payment deadline stipulated in this contract to the actual payment date, and the contract continues to be effective.(2) if the overdue period is over 30 days (this date should be the same as the date mentioned in item (1), the seller has the right to terminate the contract. if the seller terminates the contract, the buyer should pay 1 percent of the accumulative payables to the seller as a penalty within_30_days after receiving the notification of terminating the contract, and the seller shall return the total effected payment to the buyer. if the buyer is willing to continue performing the contract, the contract will continue to be effective with the approval of the seller. from the second day after the payment deadline stipulated in this contract to the actual payment date, the purchaser shall pay 0.002 percent (this rate should be no less than the rate stipulated in the item (1) of the overdue payment per day within 10 days after the actual payment date to the seller as a penalty. the overdue payment in this article refers to the balance between the due payable stipulated in article six of this contract and the actual payment in that term. if installment payment is adopted, the overdue payment shall be decided by the balance between the due installment and the actual payment in that term.2._x_article 11 delivery termi. the seller shall deliver the house before the date of _. ii. when delivered, the house should meet the conditions of the following item 1, 2, 4, 5, _x_, _x_, and _x_; if the house is residential, the seller shall provide a residential quality guarantee and a residential specification. 1. the house has obtained the acceptance approval document for planning and construction project completion record table;2. the measured area report of the commodity house issued by a qualified real estate mapping organization;3. the seller has obtained the housing ownership certification of the building;4. the infrastructure conditions undertaken by the seller in article 12 should be met;5. if the house is residential, the seller shall provide an individual acceptance table of residential construction quality (applied to the housings completed for acceptance since january 1, 2006);6._x_; 7. _x_. article 12 promise of the seller on the infrastructure and other facilitiesthe seller promises that the infrastructure and other facilities directly related to the normal usage of this house should meet the following conditions by the appointed date:1. infrastructure: (1) water supply lines and sewers: supply into the house by _(2) electricity: power supply will be realized by _;(3) heating: supply into the house according to the government regulation by the date of x ;(4) gas: be available for use by _;(5) telephone and tv network: the ports should be reserved in place;(6) _x_.if the above conditions havent been realized by the stipulated date, both parties can handle according to the following methods:(1) continue to complete them funded by the seller;(2) _x_.2. other facilities(1) public green space: be available for use by _; (2) public roads: be available for use by _; (3) public parking lot: be available for use (excluding the underground garage) by _;(4) kindergarten: _x_ by the date of x ;(5) schools: be available for use by _;(6) club: be available for use by _;(7) shopping center: _x_ by the date of x ;(8) sports facility: _x_ by the date of x ;(9) _x_;(10) _x_.if the above conditions havent been realized by the stipulated date, both parties shall agree to handle according to the following methods:(1) continue to complete them funded by the seller;(2) _x_.article 13 sellers responsibility for breach of contract due to overdue deliveryexcept for the force majeure, if the seller cannot deliver the house to the buyer ac