上海市商品房预售合同（正文）英文样本9583007.doc

Shanghai Commodity Housing Presale Contract Prepared by Shanghai Housing and Land Resources Administration Bureau Supervised by Shanghai Industrial and Commercial Administration Bureau Printed in Year 2000Special NoticeThis Contract is a model contract stipulated in accordance with Shanghai Method for Real Estate Transfer, terms and conditions printed hereof are suggestive ones for mutual adoption by both parties.House purchase is a civil legal act involves relatively bigger amount of subject matter, higher expertise and more laws and regulations. To better protect the rights and interests of both parties, a Contract shall be entered into with due discretion and as detailed, comprehensive and precise as possible.Before signing of the presale Contract, the real estate developer shall show the presale license of commodity housing to the purchaser. With regard to the authenticity and validity of the presale license and the possibilities of limited transfer of rights caused by the facts that the said commodity house has been presold repeatedly or sealed up by judicial authorities, the purchaser may make an enquiry to the district/county real estate trading center where the said commodity house is located. To protect their legal rights and interests, both parties herein may make the presale advertisement and brochure the annex of the commodity housing presale Contract upon agreement.The commodity house for presale is a house under construction(or a built house without initial land registration) by the real estate developer, there are uncertainties concerning the area, delivery date and quality of the house. Before signing the purchase Contract, both parties shall be fully acquainted with issues listed below: 1). When the commodity house is presold, the building area of the house is a result of temporary measurement. Upon delivery, the actual building area determined by SHLRAB authorized mapping institution shall be final. The presale Contract shall explicitly provide the gross building area, interior building area and public share building area. If the temporarily measured area is in discrepancy with the actual area, actions shall be taken in line with Article 44 of Shanghai Method for Real Estate Transfer. Article 44 (Treatment of Building Area Disconformity upon Delivery of Presold Commodity House) . Upon the delivery of a presold commodity house, if its building area is different from that as agreed in the presale Contract, such conditions shall be dealt with as per the following provisions: (1) If the disconformity is caused by sharing public building area according to Clause 2 Article 27 of this Method or error of actual measurement by relevantly qualified mapping institution, the total price of transfer as agreed in the presale Contract shall remain unchanged. (Attach here Clause 2 Article 27 as stipulates: when a house is transferred, the public area, public facilities and private area, private facilities of the house are simultaneously transferred. The public building area shall be shared by obliges of the real estate as per relevant national and municipal regulations.) (2) If the disconformity is caused by design change of the presold commodity house, actions shall be taken according to Article 39 of this Method. (Attach here Article 39 as stipulates: the real estate developer cannot change the building design of presold commodity house without permission. If its proved necessary, the developer shall sign a change agreement of the presale Contract with the purchaser after getting the consent of purchaser and submitting for the approval of planning administration authorities. If the real estate developer changes the building design of presold commodity house without the purchasers permission, the purchaser is entitled to rescind the presale Contract and the developer shall bear the liabilities for breach of contract.) (3) With regard to conditions not listed in Item (1) and (2) of this Article, if the building area exceeds that as agreed in the presale Contract, the transferee can avoid the payment for the additional area; if the building area is less than that as agreed, the real estate developer shall reimburse the purchase price in proportion to the reduced area to the transferee. Provided, however, that its otherwise stipulated by the presale Contract. 2). Subject to the stipulation set forth by Shanghai Regulation for Real Estate Registration that “the real estate developer shall use documents listed by Article 20 of this Regulation and approval documents of commodity housing construction projects to proceed initial registration for newly-built commodity housing before delivery to the purchaser after its final acceptance”, the real estate developer shall acquire Certificate of Real Estate Title for newly-built commodity housing (the Big Property Certificate) before the building up and delivery of commodity housing. 3). As stipulated in Construction Project Quality Management Regulation promulgated by the State Council, construction unit shall provide a warranty to the quality of commodity housing as: “(1) in case of infrastructure work, groundsill foundation work and main structure work of building construction, the reasonable service life of the work hereinbefore as stated by the design documentation; (2) 5 years of antiseep period for roofing waterproof work and toilets, rooms, external walls require waterproof function; (3) 2 cycles of heating and cold supply for the heat and cold supply systems; (4) 2 years for installation and decoration of electric pipeline, water supply and drainage pipes and equipments.” The warranty period herein shall be calculated upon and from the date of final acceptance. The real estate developer shall bear the responsibility to keep the commodity house bought by the purchaser in good repair from the date of delivery, calculating from the date that the rights of real estate are transferred, this period shall not less than 2 years. 4) After delivery of the house, if its main body structure is found unqualified, actions can be taken according to Article 32 of Regulation for City Real Estate Development and Operation Management issued by the State Council, which regulates that “after delivery of the house, if the purchaser considers the main structure as unqualified, he/she may apply to project quality supervision units for a second check. If the main structure is really proved disqualified, the purchaser has the right to reject; if it causes any loss and damage to the purchaser, the real estate developer shall assume the legal liability for compensation.” If any dispute arises during the execution of Contract, both parties can choose to file a suit to the peoples court where the real estate is located or apply to the arbitral commission for arbitration. If arbitration is selected, the application can be made to arbitral commission inside and outside Shanghai, the full name of the incity arbitral commission is Shanghai Arbitral Commission.Signed presale Contract of commodity housing shall be timely registered and put on records at relevant real estate registration organ to protect the rights and interests of both parties. Presale Contract without registration shall not counter against a third party in the occurrence of such facts as repeated presale and mortgage. According to relevant regulations, registration can be done together by both parties hereof or solely by the purchaser.This Contract is for external sale at all the municipal, district and county real estate trading centers. Its suggested that the potential purchaser buy this first for a thorough reading.Domicile:_Post Code:_ID Card/Passport/Business License Number:_Contact Number:_Authorized/Legal Proxy:Domicile:_ Contact Number:_Party B(the Purchaser):Nationality:_Gender:_Date of Birth:_Domicile:_Post Code:_ID Card/Passport/Business License Number:_Contact Number:_Authorized/Legal Proxy:Domicile:_ Contact Number:_ This Contract is entered into between Party A and Party B on the basis of equality, free will and friendly consultation for Party B to purchase commodity house presold by Party A.Article 1 Party A has obtained the exploitation right of Fudu World No. X4-2 land lot located in Pudong new area/county through assignment/transfer/allocation 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 Shanghai real estate Pudong (2000) No. 071652,the land area is 20111.0 and purpose of the land is for residential houses. With approval, Party A has invested to build (temporary name/present name) commodity housing on the said land lot and the main buildings bear a concrete structure. The building consists of an overground part of storeys and an underground storeys. The commodity housing hereinbefore is qualified for presale as stipulated by Shanghai Method for Real Estate Transfer, bureau has approved its presale in the market(Presale License Reference: Pudong New Area Real Estate (2005) Presale No. 0001420).Article 2 Party B purchases from Party A Room Floor No. Road (hereinafter referred to as “this House”),the purpose of which as approved by the government is for . Subject to the temporary measurement by Party A, the building area of this House is square meters, which include square meters of interior building area and square meters of public share building area. The storey height of this House is meters. References can be made to Annex 2 for building design and ichnography of this House; Annex 3 for construction structure, decoration and equipment of this House; Annex 4 for relevant information about this House(mortgage, materials, neighborhood and layout structure of the community) and Annex 5 for Prophase Realty Management Service Contract, Use Pact or relevant letter of commitment.Article 3 In purchasing this House, Party B shall pay a unit price of RMB for each square meter of the building area(the price for complete decoration is not included). According to the building area temporarily measured by Party A, the total price(the price for complete decoration is not included) for Party B to pay for purchasing this House amounts to RMB for the moment. The final price including complete decoration is RMB .Article 4 The total price(including decoration price and equipment price as stated in Annex 3) for Party B to purchase this House refers to the total price of this House and proportioned land use right. The total price agreed in this Contract shall not change with exception that the actual building area of this House differs with that of temporary measurement.Article 5 Upon the delivery of this House, its building area shall be subject to the actual area measured by SHLRAB authorized mapping institution, if the temporary measurement by Party A is inconsistent with the actual area, actions shall be taken in accordance with the following covenants unless otherwise stipulated by laws, rules or regulations: 1. To return the overcharge and demand payment of the shortage according to the unit price for each square meter of the building area. 2. Party A agrees not to charge Party B for the extra part of building area when the difference between the temporary measurement and actual area exceeds +3%(including 3%);Party A agrees that Party B has the right to unilaterally rescind this Contract when the difference between the temporary measurement and actual area exceeds -5%(including 5%).Party B shall execute such right of rescindment upon or before the signing of Property Hand Over Paper, otherwise it will be deemed as waiver.Article 6 Upon the signing of this Contract, the construction of this House shall reach the degree that its main body structure has been finished. Party B shall make full payment within the time agreed in this Contract to Party As supervision account for presale money(relevant supervision organ for presale money: , account name (Shanghai ) Co. Ltd., account number: ).Use of the presale money shall be supervised subject to governmental regulations. Method and term of payment by Party B will be explicitly agreed by both parties in Annex 1.Article 7 If Party B fails to make payment within the time agreed in this Contract, Party B shall pay fine for breach of contract to Party A, such overdue fine will be calculated as 0.5 of the due payment every day and from the second day after the expiration of time limit for account payable hereof to the day of actual payment. In case of an overdue exceeding 60 days, Party A shall have the right to choose the first option below to hold Party B for responsibilities: 1. Party A has the right to unilaterally rescind this Contract and Party B shall bear the responsibility for indemnity, the amount of which will be 5% of the total price. Party A has the right to deduct this amount payable from the payment already made by Party B and return the balance to Party B. If the amount paid by Party B is not enough for compensation, Party A shall have the right to recourse. Party A shall give a written notice to Party B if it executes its right of rescindment. 2. Article 8 After signing of this Contract, Party A shall not change the building design of this House(see Annex 2) without permission, if change is necessary, Party A shall get the written consent from Party B and approval of planning administration authority and then sign a change agreement of this Contract with Party B within 30 days after getting the approval. If Party A changes the building design of this House without Party Bs permission, Party B is entitled to unilaterally rescind this Contract.Article 9 Party A shall not change the layout structure of the community(see Annex 4) as agreed with Party B without permission, if the change is necessary, written consent from Party B shall be obtained. If Party A changes the layout structure of the community without Party Bs permission, Party B is entitled to ask Party A for reconversion,if its impossible, Party A shall pay a fine amount to 0.1% of the total price to Party B.Article 10 Delivery of this House must conform to the following conditions listed by the first option below: 1. Initial registration of the real estate is made and Certificate of Real Estate Title(the Big Property Certificate) for the newly-built commodity housing is acquired; the mortgage on this House set by Party A has been cancelled and Party A has paid realty maintenance fund as required. 2. Permit of House Delivery for Use is acquired; the mortgage on this House set by Party A has been cancelled; Party A has paid realty maintenance fund as required; Party A promises to make initial registration of real estate and acquire Certificate of Real Estate Title(the Big Property Certificate) for the newly-built commodity housing before (YY/MM/DD),if Party A fails to get Certificate of Real Estate Title(the Big Property Certificate) within this period, Party B shall have the right to unilaterally rescind this Contract. 3. Article 11 Party A will deliver this House to Party B before (YY/MM/DD) except for force majeure.Article 12 If Party A fails to deliver this House to Party B within the period as agreed in Article 11 of this Contract, Party A shall pay fine for breach of contract to Party B, such overdue fine will be calculated as 0.5 of the paid amount every day and from the second day after the expiration of delivery time agreed in Article 11 of this Contract to the day of actual delivery. In case of an overdue exceeding 60 days,Party B shall have the right to choose the first option below to hold Party A for responsibilities: 1. Party B has the right to unilaterally rescind this Contract. 2. Article 13 If this House is in conformity with the delivery conditions agreed in Article 10 of this Contract, Party A shall,5 days prior to the day of delivery, inform Party B in writing to go through the formalities concerning the delivery of this Ho