商品房买卖合同.pdf.docx

No.: GF-2000-0171Commercial Housing Sales Contract(Translation)Name: XXSex: MaleNationality: HanDate of Birth: XXAddress: Room XX, Unit XX, Yuxin Residential Building, XX Road, XX District, XX City, XX ProvinceCitizen ID card No.: XXSupervised and made by Ministry of Construction of Peoples Republic of China & State Administration of Industry and CommerceInstructions of Commercial Housing Sales Contract1. This is a sample document, which can also be used for final signing. The purchaser shall carefully read the contents before concluding the contract. In case of disagreements on clauses or terminologies therein, consultation may be made to local competent authority of real estate development2. The commercial house in the contract refers to the house built and sold by the real estate developer company.3. Party involved should sign the contract based on the principle of free will. Both parties can carry out amendment, supplement and deletion to clauses in the contract. The printed words without alteration are treated as agreed by both parties.4. For the selected options, handwriting is preferential.5. For options, Blank filling and other contents needed to be deleted or added in the contract, both parties should decide upon negotiation. Please Use to make a choice; With regard to the practical conditions not happened or unlimited by the two parties, use to denote deletion.6. Before signing, the seller is obligated to present license of presale of commercial housing and other related certificates and documentary evidence to the purchaser.7. The Ministry of Construction of the Peoples Republic of China and the State Administration for Industry and Commerce shall be liable to explain the articles of the contractCommercial Housing Sales Contract(Contract No.: 2014 Yu 38012)Contracting Parties:The Seller: XX.Registered Address: Floor XX, No. XX, XX Road, XX District, XXCityBusiness License Registered No.: XXEnterprise Qualification Certificate No.: XX No. XX9Legal Representative: XXTelephone No.: XXPostcode: XXAuthorized Agent: Address:Postcode:Telephone No.:Authorized Agency:Registered Address:Business License Registered No.:Legal Representative:Telephone No.:Postcode:The Purchaser: XX【Self】Name: XX Nationality: China Place of domicile: XX District, XX District, XX Province【ID Card】XX Address: Room XX, Unit XX, xx, XX RoadPostcode:Telephone No.: XX【Authorized Agent】Name:Nationality:Address:Postcode: Telephone No.:According to Contract Law of the Peoples Republic of China, Urban Real Estate Management Law of the Peoples Republic of China, and other related rules and regulations, Both the seller and the purchaser come to the following agreement on the commercial housing sales based on the principle of equality, free will, and negotiation:Article One Project Construction BasisThe seller acquired the land usage right of the land (No.: XX) located at east of XX Road North and south of XX planned road in XX District, XX City by means of transferring. 【Contract No. for Transferring of Land Usage Right】: GR A (LB【2012】 No. 2).The area of the land is 82.737 mu. Planned zoning for the land is commercial, residential, hotel and office. The land right of usage term starts from April 27th, 2012 to April 26th, 2082.Upon approval, the seller constructs commercial houses on the aforementioned land. Named 【qualified name】 XX .The Construction Project Planning Permit ID is XX the Construction Permit Number is XX.Article Two Basis for Sales of the Commercial HouseThe commercial house bought by the purchaser is a【commercial house for advance purchase】. The approval authority for the commercial house for advance purchase is Lanzhou Bureau for Housing Security and Real Estate Management. Commercial House Advance Sale Permit ID isXX.Article Three Basic Conditions of the Commercial House Bought by the PurchaserThe commercial house bought by the purchaser (hereinafter abbreviated as the commercial house. Floor plan is available in appendix 1 and housing No. shall be subject to appendix 1) is located in the project as stated in the first article of the contract, details as below:【Room】2101【Unit】4【Building】24The commercial house is for residential use with steel-concrete structure. The apartment building (where commercial house is situated) has 45 floors above the ground and 2 floors underground.The balcony of the commercial house is 【close】.The commercial houses construction area as【stipulated in the contract】is 272.32 square meters, among which the indoor construction area is 214.79 square meters, allocated common area from the building is 57.53 square meters. (Please refer to Appendix 2 for information about the constitution and allocation of construction areas for both common area and indoor construction area).Article Four Pricing and PaymentThe seller and the purchaser agree to follow the commercial house pricing method 1 of the following:1. According to construction area. The unit price of the commercial house is (currency: RMB) RMB 16156.34 per square meter, and the total payment amount is in RMB, four million three hundred and ninety-nine thousand six hundred and fifty only. 2. According to indoor construction area. The unit price of the commercial house is (currency: ) per square meter, and the total payment amount is .3. According to set (unit). The total payment of the commercial house is (currency:).4. Article Five: Area Confirmation and Area Discrepancy HandlingAccording to the pricing and measurement method selected by the purchaser, it is stipulated in this article that the area discrepancy is measured and computed based on 【construction area】 (abbreviated as the area in this article).This article does not apply to the set pricing method.In case of discrepancy between the area stipulated in the contract and the area reported on property ownership registration, the area reported on property ownership registration serves as the criterion.After delivery of the commercial house, both parties agree to handle the discrepancy between the area reported on property ownership registration and the area stipulated in the contract according to measure 1 of the following:1. Mutual agreement between two parties.The two parties shall perform the relevant agreements reached in the Supplementary Agreement.2. Both parties agree on the following:(1) If the absolute value of the area discrepancy is within 3% (3% included), the house payment will be made according to actual area.(2) If the absolute value of the area discrepancy is over 3%, the purchaser has the right to cancel the house purchase.If the purchaser cancels the house purchase, the seller should return the paid-up amount to the purchaser within 30 days upon the purchasers house purchase cancellation, and pay interest on the basis of zero interest rate.If the purchaser does not cancel the house purchase and the area reported on property ownership registration is larger than the area stipulated in the contract, the payment for the discrepancy within 3% (3% included) will be paid by the purchaser, and the payment for the discrepancy over 3% will be undertaken by the seller. The property ownership belongs to the purchaser. If the area reported on property ownership registration is smaller than the area stipulated in the contract, the payment for the area discrepancy within 3% (3% included) will be returned to the purchaser from the seller, and the payment for the discrepancy over 3% will be returned doubly to the purchaser from the seller.Area discrepancy rate = (area reported on property ownership registration -area stipulated in the contract) / area stipulated in the contract 100%As for the area discrepancy caused by design alteration, supplementary agreement should be signed if both partied do not terminate the contract.Article Six Payment Terms and TimingPayment will be made by the purchaser following method 1 :1. Lump sum paymentPurchaser shall pay off the whole housing fund at one time before December 17th, 2014 (If purchaser has already paid earnest money, the money shall be transferred into a constituent part of the housing fund). According to the determination of payment date, if the purchaser pays the house price by means of bank remittance, the payment date shall be the time when the remittance arrives to the sellers bank account; if the purchaser pays the house price by means of bank bills (bill of exchange, check etc.), the payment date shall be the time when the fund on the bank bill reaches the bank account of the seller. Banking commission charges and other fees arising from payment of the house shall be borne by the purchaser himself/herself. The seller issues a formal house-purchase invoice to the purchaser after all the housing fund arrives to the bank account of the seller.2. Installment payment3. Other measuresArticle Seven Purchasers Responsibility for Breach of Contract Due to Overdue PaymentIf the purchase does not pay within the timing stipulated in this contract, following method 2 will be complied with:1. Handle separately according to the overdue period. (No accumulation)(1) If the overdue period is less than days, the purchase should pay percent of the overdue payment per day to the seller as the penalty starting from the next day of the payment deadline stipulated in this contract to the actual payment day, and the contract continues to be effective.(2) If the overdue period is over days, the seller has the right to terminate the contract. If the seller terminates the contract, the purchaser should pay % of the accumulative payable amount to the seller as the penalty. If the purchaser is willing to continue performing the contract, the contract will continue to be effective. From the second day after the payment deadline stipulated in this contract to the actual payment day, the purchaser should pay percent (this rate should not be less than the penalty rate stipulated in item (1) just above) of the overdue payment per day to the seller.The overdue payment in this article refers to the balance between the due payable amount stipulated in article six of this contract and the actual payment of that term. If adopting installment payment, the overdue payment will be determined according to the balance between the payable installment amount and the actual payment of that time.2. The two parties shall perform the relevant agreements reached in the Supplementary Agreement.Article Eight Delivery TermThe seller should deliver the commercial house that satisfies the requirements below and agree to the stipulations of this contract, to the purchaser according to relevant state and local government regulations on or before September 15th, 2015:1. The commercial house passes the construction examination and acceptance. 2. The commercial house passes the actual footage examination. 3. The commercial house passes the comprehensive examination and acceptance for each construction term. 4. The commercial house acquires approval document on delivery and use of the commercial residence. 5. This commercial house is provided with filing document on completion and acceptance of constructional engineering.If encountering special circumstances, the seller can postpone the delivery according to actual conditions except when both parties agree to terminate the contract or alter the contract through discussion.1. Encountering a force majeure and the seller informs the purchaser about it within 30 days upon the occurrence date.2. Article Nine Sellers Responsibility for Breach of Contract Due to Overdue DeliveryExcept the special condition stipulated in article eight of this contract, it will be handled according to the 2 method if the seller fails to deliver the commercial house to the purchaser according to the time limit stipulated in this contract.1. Handle separately according to the overdue period. (No accumulation)1) For the overdue period is less than days, the seller should pay percent of the paid-up house purchase payment per day to the seller as the penalty from the second day after the delivery deadline stipulated in article eight of this contract to the actual delivery day, and the performance of the contract continues.2) For the overdue period is over days, the purchaser has the right to terminate the contract. If the purchaser terminates the contract, the seller should return all the paid-up payment within one day upon the purchasers announcement day of the contract termination and pay % of the accumulative paid-up amount to the seller as the penalty. If the purchaser is willing to continue implementing the contract, the contract will continue to be effective. From the second day after the delivery deadline stipulated in article eight of this contract to the actual delivery day, the seller should pay percent (this rate should not be less than the penalty rate stipulated in the item (1) just above) of the paid-up house purchase payment per day to the purchaser.2. The two parties shall perform the relevant agreements reached in the Supplementary Agreement.Article Ten Agreements on Alteration of Plan and DesignIf the quality or function of the commercial house bought by the purchaser is influenced by the planning alteration approved by the planning department and the design alteration approved by the design unit, the seller should notify the purchaser in written form within 10 days upon the day of approval from relevant department.1. The structure form, house style, space and size, facing of the commercial house;(2) .The purchaser has the right to reply whether or not to terminate the house purchase in written form within 15 days after receiving the notice. If no written reply is made, it will be deemed that the purchaser accepts the alteration. If the seller does not inform the purchaser within stipulated time limit, the purchaser has the right to cancel the house purchase.If the purchaser cancels the house purchase, the seller should return paid-up payment to the purchaser within days after the house purchase cancellation date and pay interests according to Zero interest rate. If the purchaser does not cancel the house purchase, supplementary agreement should be signed with the seller.Article Eleven DeliveryWhen the commercial house reaches the delivery serviceable condition, the seller should notify the purchaser to handle delivery procedures. At the takeover of examination and acceptance, the seller should present documentary proof stipulated in article eight of this contract and sign the house delivery sheet. If the commercial house is bought as residence, the seller should provide Guarantee Letter of Residence Quality and Residence Instruction Book. If the seller fails to present the documentary proof or the documentary proof presented is incomplete, the purchaser has the right to refuse the takeover and the seller should undertake the responsibilities caused by overdue delivery.In case of overdue delivery due to the sellers account, both parties agree to comply with following measures:The two parties shall perform the relevant agreements reached in the Supplementary Agreement.Article Twelve The seller ensures that the commercial house for sale is not involved in dispute of ownership or credits rights and indebtedness. In case of the sellers reasons that cause inability to handle ownership registration or occurrence of credit and debt dispute, the seller should undertake full responsibilities.The seller assumes no responsibility for failure on registration of property right and credit and debt disputes on the commercial house due to administrative causes or reasons from the purchaser instead of the seller.Article Thirteen The Sellers Commitment Regarding Decoration and Fixture StandardThe decoration and fixture standard of the delivered house is described in Appendix 3. If the decoration and fixture do not meet the standard, Purchaser has right to handle the matter according the method 2 below:1.The seller should double compensate the purchaser for the discrepancy.2.The two parties shall perform the relevant agreements reached in the Supplementary Agreement.Article Fourteen The Sellers Promise on Formal Operation of Public Facilities and Basic FacilitiesSeller pledges that the following infrastructures and public utilization directly related to the normal function of he commercial house will satisfy the service condition by the following dates:1.Water and electricity meet the service condition upon delivery of the commercial house;2.Heating pipelines shall be finished lying upon delivery of the commercial house. The purchaser applies for using and pays the charges. Procedures related to heating application and using shall be subject to the stipulation of the authority:3.Heating pipelines shall be finished laying upon delivery of the commercial house. The purchaser applies for using and pays the charges. Procedures related to heating application and using shall be subject to the stipulation of the authority. If the stipulation of the authority changes, a corresponding change shall also be made:4.Pipelines for telephone communication, cable television and networks etc. shall be finished laying upon delivery of the commercial house. The purchaser applies for using and pays the charges.The two parties agree to deal with it according to the following ways if the facilities fail to meet the service condition within the stipulated date:Seller takes further measures to make the above mentioned facilities meet the service condition while the purchaser shall not request the seller to undertake responsibility for breach of contract or for compens