深圳市二手房买卖合同翻译.doc

This contract is applicable to the transaction of real properties that have been issued with a title deed. Shenzhen Contract for the Sale of Second-Hand House PropertyUrban Planning, Land and Resources Commission of Shenzhen MunicipalityMarket Supervision Administration of Shenzhen MunicipalityEdition 2008S(F)FXM Zi (2010) No. XXXX Special NotesTo better safeguard the Buyers and the Sellers legitimate rights and interests, the Buyer and the Seller are expected to read through the following contents carefully before concluding this contract. . 1. The text of this contract is automatically generated through the “Online Transaction System for Second-hand Real Estate in Shenzhen”. The contracting parties can, after mutual agreement, make modification or supplementation to items specified in the Contract, but such modification and supplementation must be in conformity with the relevant provisions stipulated in laws and rules. 2. Prior to entering this contract, the Buyer and the Seller may request the other party to show his or her relevant certificates, such as ID card, Business License of Enterprise Legal Person, House Ownership Certificate, etc. They shall carefully read through the contents of this contract and then make confirmations about the items selected, supplemented, or modified. If you have any questions, please ask for professional advice from people familiar with laws and legislations. 3. The Buyer shall, prior to entering into this contract, make a complete and full site survey over the house property in respect of the environment, transportation, adjacent schools, opportunity to attend schools, and household conditions. The Seller is obligated to provide true information about the house propertys ownership, lease condition, household, etc. 4. For the purpose of assuring the safety of the capital, it is recommended that the Buyer and the Seller shall have a third party supervise the funds by concluding a special agreement to clearly specify the capital supervision account and the other matters about payment of funds. 5. After this contract comes into effect, the unmodified and printed words as well as the valid writings and marks filled out in the blanks shall be deemed as contents agreed by both parties. In addition, the attachments and the supplementary agreements of this contract, once signed by both parties, shall have the same legal force as the text of this contract. 6. Where the Buyer needs to borrow a mortgage loan to pay the price of the house property, he or she shall first of all get to know exactly about the requirements for mortgage loan as well as the documents to be provided. 7. The transfer of ownership is not marked by the conclusion of this contract, but by the registration of ownership transfer by house property right registration organ. As it takes time to transfer the ownership after concluding this contract, there may be special conditions like sealing up of house property, please pay attention to the possible risks in the transaction. Basic Information of Parties Hereto Seller: Name: XXX Nationality: Chinese ID Card No.: XXX Share of Ownership: 1/2 Transferred Share of Ownership: 1/2 Seller: Name: XXX Nationality: Chinese ID Card No.: XXX Share of Ownership: 1/2 Transferred Share of Ownership: 1/2 Buyer: Name: XXX Nationality: Chinese ID Card No.: XXX Share of Ownership Accepted: 100% According to the Contract Law of the Peoples Republic of China, the Law of the Peoples Republic of China on Administration of the Urban Real Estate, the Regulations of Shenzhen Special Economic Zone on Transaction of Real Property, and relevant laws and regulations, the Seller and the Buyer hereby enter into this contract on the transfer of a house property after amicable negotiation on the principles of equality, fairness and voluntary participation. Article 1 Subject of Transaction The house property sold by the Seller (hereinafter referred to the house property) is located at XXX Hongli Road, Futian District, Shenzhen City. The house ownership certificate No. is XXX; the house property is used for the purpose of Residence. The registered construction area is: 84.12 square meters; the room building area is - square meters. The land use right relating to the house property features a term from October 17, 1984 to October 16, 2054. The house property is completed in July 1984. Currently the house property management company is -; the property management fee is RMB-/square meter. Article 2 Current Status of House Property The house property is neither mortgaged nor sealed up; the Seller enjoys full right to dispose the house property. Article 3 Lease Condition of House Property The lease condition of the house property is as the following 1 condition: 1. The house property is not leased to anybody. 2. The house property is leased to some one; please refer to the attachments for the lease contract (No. -). The monthly rental is RMB-/month; the lease term is - years from - to -. The Seller shall, before signing on this contract, obtain the lessees written acknowledgement of giving up the priority to buy the house property; otherwise it shall be deemed as violation of the contract. After consultation, the Seller and the Buyer decide to deal with the lease contract in the following - ways: a) After the house property is transferred, the original lease contract is still valid for the Buyer before the expiry date. The Seller shall help the buyer to conclude a new lease contract with the lessee before - and in the meantime give the lease deposit and advance rental paid by the lessee to the Buyer for keeping. The Buyer shall enjoy the original rights of Seller under the lease contract after -. b) The Seller shall rescind the original lease contract before delivering the house property to the Buyer; Buyer is not liable for any disputes arising from the original lease contract. Article 4 Household Affiliated to House Property The Seller has promised to transfer out the household affiliated to the house property within 30 days after receiving the total payment for the house property. If they fail to do so within the time limit, they shall pay the Buyer liquidated damages at 0.03% of the total house transfer price on a daily basis. Article 5 Transfer Price of House Property The transfer price of the house property is RMB Thirty-six Thousand, Five Hundred and Forty-five Yuan only (in number: 36545); it does not include the taxes. Article 6 Earnest MoneyThe earnest money for the transaction of the property is RMB Five Thousand Yuan only (in number: RMB 5000). The Seller agrees that it shall be paid in the following ways: Upon conclusion of this contract, the Buyer shall pay the Seller the earnest money of RMB Five Thousand Yuan only (RMB5,000). It is recommended that the Buyer shall first give the earnest money to a mutually specified third party for supervision. The Buyers paying the earnest money to the third party for supervision shall be deemed as the Sellers receiving of the deposit. The earnest money will be latterly paid to Seller as part of the transfer price of the house property when the formalities for transfer of ownership are completed. Article 7 Deposit for Delivery of House Property In order to prevent risks in the transaction and meanwhile urge the Seller to deliver the house and settle relevant expenses as scheduled, the Buyer and the Seller both agree that RMB- of the transfer price shall be firstly retained as a deposit for delivery of the house (not exceeding 2% of the total price. The deposit shall be paid to the Seller after the real estate is actually delivered and the ownership is transferred. The deposit shall be kept as following first item: 1. kept by the intermediary party2. others: -Article 8 Payment Method Unless otherwise specifically agreed, all the Buyers payments (including deposit and payment for price of house) are recommended to be kept by the bank as a third party for supervision of capital. The Buyer shall pay the house price other than the earnest money and the deposit for the delivery of house in the following first ways, that is: RMB Thirty one Thousand, Five Hundred and Forty Five Yuan Only (RMB31545) to the Seller. 1. One-off payment The Buyer shall pay the above house price to the bank account mutually specified by both parties for supervision before XXX. 2. Payment with mortgage loan from bank (1) The Buyer shall, before -, pay the first installment of payment, RMB- other than the earnest money and the deposit for delivery of house to the bank account mutually specified by both parties hereto for supervision by the bank as a third party. (2) The Buyer shall submit the documents relating to the application for mortgage loan to the Bank and then cooperate with the bank to handle the loan examination and approval formalities. The amount of the mortgage loan is subject to the banks letter of commitment. (3) Where the loan issued by the bank is insufficient to pay the rest price of the house property, parties hereto agree to handle the case in the following - ways. a. The Buyer shall supplement the insufficient amount within 3 days after the bank issues the letter of commitment. b. The contract shall be rescinded and the Seller shall refund the capital paid by the Buyer within 3 days. 3. Other payment method -Article 9 Buyers Liability for Breach of Contract due to Late Payment Where the Buyer fails to make the payment in time, the Seller shall have the right to ask the Buyer to undertake the liability for breach of contract in the following 1 way. (1) Asking the Buyer to pay a liquidated damage at 0.04% of the unpaid amount on a daily basis and the contract shall remain valid. (2) Requiring the termination of this contract and asking the Buyer to pay a liquidated damage at -% of the total price. Article 10 Undertaking of Taxes and fees According to the relevant regulations, the Seller shall undertake the following taxes and fees: a. business tax; b. urban construction and maintenance tax; c. education surcharge; d. stamp tax; e. individual income tax; e; land VAT; f. real property transaction service charge; g; land use right fee; h. deed tax; i. interest for advance repayment of short-term loan; j. penalty for advance repayment. The Buyer shall undertake the following taxes and fees: k. stamp tax; l. deed tax; m. house property right registration fee; n. house property transaction charge; o. stamp on house ownership certificate; p. mortgage registration fee; q. borrowing contract notarization fee; r. entrustment notarization fee. Other expenses: s. ownership investigation fee; t. real property transaction contract fee; u. appraisal fee; v. lawyers fee; w. insurance fee; x. others - (subject to the actual occurrence) After amicable negotiation, the parties hereto agree that all above item a item x shall be undertaken by the Buyer. New taxes and fees occurring due to the laws, regulations and policies shall be disposed with the following 1st method: 1. payable by parties as required by the laws, regulations and policies 2. payable by party -. 3. Others: -% payable by Buyer; -% payable by Seller. With regard to aforementioned taxes and fees payable by the Buyer and (or) the Seller, if the parties hereto change the actual payment method, the legal responsibilities will not be transferred with the alteration of tax payment. Where the transaction cannot be continued due to a partys failure in paying the taxes and fees, the contract-breaching party shall pay the other party a liquidated damage at 1% of the total transfer price of the property. Article 11 Delivery of Real Property The Seller shall deliver the house property to the Buyer within 7 days after receiving the entire transfer price of the house property (except for the deposit for the delivery), and meanwhile perform the following duties: 1. The Buyer and the Seller shall check the house property and its affiliated equipment, decoration, furniture and etc. together and record the readings of the water, electricity and gas meters; 2. To hand over the key to the house property. 3. - Article 12 Liability for Breach of Contract Due to Late Delivery Unless otherwise agreed by this contract, if the Seller fails to deliver the house property to the Buyer, he or she shall pay the Buyer a liquidated damage at 0.04% of the total transfer price of the house property on a daily basis for the period from the due date of delivery to the date of actual delivery, and then the contract shall remain valid. Article 13 Disposal of Accompanying Debts Upon delivery of the house property, the Seller shall also settle all the expenses relating to the house property, such as water fee, electricity fee, gas fee, telephone fee, cable TV fee, property management fee, garbage disposal fee, etc. and then give the relevant slips to the Buyer for confirmation. Otherwise, the Buyer shall have the right to deduct such amounts from the deposit for delivery of house property. Article 14 House Property Right Transfer Registration The Buyer and the Seller shall, within 30 days after concluding this contract, apply for the transfer of the house propertys ownership with the property right registration authority. Then within 3 days after the reply date indicated by the document receipt expires, the Seller and the Buyer shall pay the relevant taxes and fees accordingly. The Buyer shall obtain the house ownership certificate. Where the Buyer is obligated with mortgage, he or she shall deregister the mortgage within 0 work days after obtaining the new house ownership certificate. Article 15 Other Liabilities for Breach of Contract Where the purpose of this contract cannot be realized due to a partys failure in performing the obligations, the contract observing party may either dispose the case following the regulations about the earnest money or ask the other party to pay a liquidated damage at 3% of the total house price. Article 16 Force Majeure Where this contract cannot be performed due to force majeure, the parties may be fully or partially exempt from the liabilities according to the effect of the force majeure unless otherwise specified by the laws. The party that cannot perform this contract due to the force majeure shall notify the other party in time and in the meantime provide relevant evidences to th