深圳市二手房买卖合同翻译

1、This con tract is applicable to the tran sact ion of real properties that have bee n issued with a title deed.Shen zhe n Con tract for the Sale of Secon d-Ha nd House PropertyUrba n Pla nning. Land and Resources Commissi on of Shen zhe n Muni cipalityMarket Supervisi on Admi nistrati on of Shen zhe

2、n Mun icipalityEdition 2008S(F)FXM Zi (2010) No. XXXXSpecial NotesTo better safeguard the Buyer and the Seller legitimate rights and in terests, the Buyer and the Seller are expected to read through the following contents carefully before concluding this con tract.1. The text of this con tract is au

3、tomatically gen erated through theOn li ne Tran sact ion Systemfor Secon d-ha nd Real Estate in Shen zhen” The con tract ing parties can, after mutual agreeme nt, make modificati on or suppleme ntati on to items specified in the Con tract, but such modificatio n and suppleme ntati on must be in con

4、formity with the releva nt provisi ons stipulated in laws and rules.2. Prior to en teri ng this con tract, the Buyer and the Seller may request the other party to show his or her releva nt certificates, such as ID card, Busin ess Lice nse of En terprise Legal Person, House Ownership Certificate, etc

5、. They shall carefully read through the contents of this con tract and the n make con firmati ons about the items selected, suppleme nted, or modified. If you have any questions, please ask for professional advice from people familiar with laws and legislati ons.3. The Buyer shall, prior to en teri

6、ng into this con tract, make a complete and full site survey over the house property in respect of the environment, tran sportati on, adjace nt schools, opport unity to attend schools, and household conditions. The Seller is obligated to provide true information about the house property ownership, l

7、ease 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 supervisi on acco unt and the other matters about pay

8、me nt of fun ds.5. After this con tract comes into effect, the unm odified and prin ted words as well as the valid writings and marks filled out in the blanks shall be deemed as contents agreed by both parties. In additi on, the attachme nts and the suppleme ntary agreeme nts of this con tract, once

9、 sig ned by both parties, shall have the same legal force as the text of this con tract.6. Where the Buyer n eeds to borrow a mortgage loa n to pay the price of the house property, he or she shall first of all get to know exactly about the requireme nts for mortgage loa n as well as the docume nts t

10、o be provided.7. The tran sfer of own ership is not marked by the con clusi on of this con tract, but by the registrati on of own ership tran sfer by house property right registrati on orga n. As it takes timeto tran sfer the own ership after con cludi ng this con tract, there may be special con dit

11、i ons like sealing up of house property, please pay attention to the possible risks in the transaction.Basic In formati on of Parties HeretoSeller:Name: XXXNationality: ChineseID Card No.: XXXShare of Own ership: 1/2 Tra nsferred Share of Own ership: 1/2Seller:Name: XXXNationality: ChineseID Card No

12、.: XXXShare of Own ership: 1/2 Tra nsferred Share of Own ership: 1/2Buyer:Name: XXXNatio nality: ChineseID Card No.: XXXShare of Own ership Accepted: 100%Accord ing to the Con tract Law of the People Republic of China, the Law of the Peoples Republic of China on Adm ini strati on of the Urba n Real

13、Estate, the Regulatio ns of Shen zhe n Special Econo mic Zone on Tran sact ion of Real Property , and releva nt laws and regulatio ns, the Seller and the Buyer hereby en ter into this con tract on the tran sfer of a house property after amicable negotiation on the principles of equality, fairness an

14、d voluntary participation.Article 1 Subject of Tran sacti onThe house property sold by the Seller (here in after referred to the house property) is located at XXX Hon gli Road, Futia n District, Shen zhe n City.The house ownership certificate No. is XXX ; the house property is used for the purpose o

15、f Reside nee.The registered con struct ion area is: 84.12 square meters; the room buildi ng 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 ma

16、nagement company is : the property managementfee is RMB /square meter.Article 2 Curre nt Status of House PropertyThe house property is n either mortgaged nor sealed up： the Seller enjoys full right to dispose the house property.Article 3 Lease Con diti on of House PropertyThe lease condition of the

17、house property is as the following 丄 condition:1. The house property is not leased to an ybody.2. The house property is leased to some one： please refer to the attachme nts for the lease con tract(No. ). The mon thly ren tal is RMB =/mo nth： the lease term is years from to 二.The Seller shall, before

18、 sig ning on this con tract, obtai n the lessee writte n ack no wledgeme nt of giving up the priority to buy the house property： otherwise it shall be deemed as violationof the con tract. After con sultati on, the Seller and the Buyer decide to deal with the lease con tract i n the followi ng -ways:

19、a) After the house property is tran sferred, the origi nal lease con tract is still valid for the Buyer before the expiry date. The Seller shall help the buyer to con clude a new leasecon tract with the lessee before and in the mean time give the lease deposit and advance rental paid by the lessee t

20、o the Buyer for keeping. The Buyer shall enjoy the orig inal rights of Seller un der the lease con tract after .b) The Seller shall resci nd the orig in al lease con tract before deliveri ng the house property to the Buyer： Buyer is n ot liable for any disputes aris ing from the orig in al lease con

21、 tract.Article 4 Household Affiliated to House PropertyThe Seller has promised to tran sfer 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 dam

22、ages at 0.03% of the total house transfer price on a daily basis.Article 5 Tra nsfer Price of House PropertyThe 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

23、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 con clusi on of this con tract, the Buyer shall pay the Seller the earn est money of RMB Five Thousand Yuan only (RMB 5,000).It is recomm

24、ended that the Buyer shall first give the earnest money to a mutually specified third party for supervision. The Buyer paying the earnest money to the third party for supervision shall be deemed as the Seller receivi ng of the deposit. The earn est money will be latterly paid to Seller as part of th

25、e transfer price of the house property when the formalities for transfer of own ership are completed.Article 7 Deposit for Delivery of House PropertyIn order to preve nt risks in the tran sact ion and mea nwhile urge the Seller to deliver the house and settle releva nt expe nses as scheduled, the Bu

26、yer and the Seller both agree thatRMB of thetran sfer price shall be firstly reta ined as a deposit for delivery of the house (not exceed ing 2% of the total price. The deposit shall be paid to the Seller after the real estate is actually delivered and the own ership is tran sferred. The deposit sha

27、ll be kept as follow ing first item:1. kept by the in termediary party2. others:Article 8 Payment MethodUni ess otherwise specifically agreed, all the Buyer payme nts (in clud ing deposit and payme nt for price of house) are recomme nded to be kept by the bank as a third party for supervisi on of ca

28、pital. The Buyer shall pay the house price other tha n the earn est money and the deposit for the delivery of house in the following first ways, that is: RMB Thirty one Thousand, FiveHundred andForty Five Yuan Only(RMB31545 ) to the Seller.1. On e-off payme ntThe Buyer shall pay the above house pric

29、e to the bank account mutually specified by both parties for supervision before XXX .2. Payme nt with mortgage loa n from bank(1) The Buyer shall, before , pay the first installmentof payment, RMB - other than theearn est money and the deposit for delivery of house to the bank acco unt mutually spec

30、ified by both parties hereto for supervisi on 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 the n cooperate with the bank to han dle the loa n exam in ati on and approval formalities. The amount of the mortgage loa

31、n is subject to the bank 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 suppleme nt the in sufficie nt amount with in 3 days after the bank iss

32、ues the letter of commitme nt.b. The con tract shall be resci nded and the Seller shall refund the capital paid by the Buyer withi n 3 days.3. Other payme nt method Article 9 Buyer Liability for Breach of Con tract due to Late Payme ntWhere the Buyer fails to make the payment in time, the Seller sha

33、ll have the right to ask the Buyerto un dertake the liability for breach of con tract in the follow ingway.(1) Asking the Buyer to pay a liquidated damage at 0.04% of the unpaid amount on a daily basis and the con tract shall rema in valid.(2) Requiri ng the term in ati on of this con tract and ask

34、ing the Buyer to pay a liquidated damage at 二 of the total price.Article 10 Un dertak ing of Taxes and feesAccord ing to the releva nt regulati ons, the Seller shall un dertake the followi ng taxes and fees: a. bus in ess tax; b. urba n con struct ion and maintenance tax; c. educati on surcharge; d.

35、 stamp tax; e. in dividual in come tax; e; land V AT; f. real property tran sact ion service charge; g; land use right fee; h. deed tax; i. i nterest for adva nee repayme nt of short-term loa n; j. pen alty for adva nee repayme nt. The Buyer shall undertake the following taxes and fees: k. stamp tax

36、; l. deed tax; m. house property right registration fee; n. house property transaction charge; o. stamp on house ownership certificate; p. mortgage registrati on fee; q. borrow ing con tract no tarizati on fee; r. en trustme nt notarization fee.Other expe nses: s. own ership in vestigati on fee; t.

37、real property tran sact ion con tract fee; u. appraisal fee; v. lawyer fee; w. in sura nee fee; x. others(subject to the actual occurre nee)After amicable negotiation, the parties hereto agree that all above item a item x shall be un dertake n by the Buyer.New taxes and fees occurring due to the law

38、s, regulations and policies shall be disposed with thestfollow ing 1 method:1. payable by parties as required by the laws, regulati ons and policies2. 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

39、Seller, if the parties hereto cha nge the actual payme nt method, the legal resp on sibilities will not be tran sferred with the alteration of tax payment.Where the transaction cannot be continued due to a party failure in paying the taxes and fees, the con tract-breach ing party shall pay the other

40、 party a liquidated damage at 1% of the total tran sfer price of the property.Article 11 Delivery of Real PropertyThe 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 mean

41、while perform the follow ing 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

42、for Breach of Con tract Due to Late DeliveryUni ess otherwise agreed by this con tract, 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 tran sfer price of the house property on a daily basis for the period from t

43、he due date of delivery to the date of actual delivery, and the n the con tract shall remai n valid.Article 13 Disposal of Accompa nying DebtsUpon 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

44、, teleph one fee, cable TV fee, property man ageme nt fee, garbage disposal fee, etc. and the n give the releva nt 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 Tra

45、n sfer Registratio nThe Buyer and the Seller shall, with in 30 days after con cludi ng this con tract, apply for the tran sfer of the house property ownership with the property right registration authority.Then with in 3 days after the reply date in dicated by the docume nt receipt expires, the Sell

46、er and the Buyer shall pay the releva nt taxes and fees accord in gly.The Buyer shall obta in the house own ership certificate.Where the Buyer is obligated with mortgage, he or she shall deregister the mortgage with in _0_work days after obta ining the new house own ership certificate.Article 15 Oth

47、er Liabilities for Breach of Con tractWhere the purpose of this con tract cannot be realized due to a party failure in perform ing the obligati ons, the con tract observ ing party may either dispose the case follow ing the regulati ons about the earn est money or ask the other party to pay a liquida

48、ted damage at 3% of the total house price.Article 16 Force MajeureWhere this con tract cannot be performed due to force majeure, the parties may be fully or partially exempt from the liabilities accord ing to the effect of the force majeure uni ess otherwise specified by the laws. The party that cannot perform this con tract due to the force majeure shall no tify the other party in time and in the mean time provide releva nt evide nces