中英文翻译模板-商品房买卖合同(北京)[1]

1、 Serial No. :GF-2000-0171Commercial Housing Sales ContractSupervised and made by State Administration for Industry and Commerce.Instructions of Commercial Housing Sales Contract1. The contract is a sample contract; which is made together by Beijing Construction Committee and Beijing Administration f

2、or Industry and Commerce. 2. The commercial house in the contract refers to the house built and sold by the enterprise of real estate development. 3. Party involved should sign the contract based on willingness, justice, honesty and reputation. Any party cannot give the law to the counterpart. Both

3、parties can carry out amendment, supplement and deletion to clauses in the contract. After the contract taking effect, as to the printed words without alteration, it can be considered that both parties agree with the contents.4. As for the selected options, handwriting is preferential. 5. As to opti

4、ons, blank filling and other contents needed to be deleted or added in the contract, both parties should make a decision by negotiation. Use to choose options; With regard to the practical conditions not happened or unlimited by the two parties, use × to denote deletion.6. Before signing, vendo

5、r should show license of presale of commercial housing and other related certificates and documentary evidence to buyer.7. The contract articles are explained by Ministry of Construction of the P.R.C. and State Administration for Industry and Commerce.Commercial Housing Sales ContractThe two parties

6、 concerned in this contract: The Seller: Langfang Yujingzhiye Real Estate Co., Ltd. Registered Address: West of Yinhe North Road,Guangyang District Business License Registered No.:1 Enterprise Qualification Certificate No.: Legal Representative: Chen Shuguo Telephone No.: 2029999 Postcode: 065000 En

7、trusted Agent: Address: Postcode: Telephones No.: Entrusted Organization: Registered Address: Business License Registered No.: Legal Representative: Telephone No.: Postcode: The Purchaser: Jia Wenqian 【Individual】【Legal Representative】Name: Jia Wenqian Nationality: Chinese 【ID Card】 Address: 11-2-20

8、1 ,The Armed Police Academy, Aiminxi Road, Anci District, Langfang, Hebei Postcode: 065000 Telephone No.: 【Authorized Agent】【 】Name: Nationality: Address: Postcode: Telephone No.: According to Contract Law of the People's Republic of China, Urban Real Estate Management Law of the People's Re

9、public of China, and other related rules and regulations, Party A and Party B come to the following agreement on the commercial housing sales based on the principle of equality, free will, and negotiation:Article One Basis for the Project ConstructionThe seller acquired land use right of the land lo

10、cated at Xinyuan Road North,Yuhua Road East,Guangyang District with the serial No. 10-01-16-0501 through remising it. The【remise of land use right contract No.】【allocation of land use right approval document No.】【Transfer of Land Use Right approval document No.】is . The land area is . Planned purpos

11、e of the land is for residence. The land use term is from January 28, 2021 to October 23, 2077 .After the approval, the seller constructed commercial houses on the aforementioned land. 【qualified name】【temporary nameYujingwenquan Garden .The Number of the Construction Project Planning Permit is ,The

12、 Construction Permit Number is 131000S090380101,131000S09038020 .Article Two Basis for Sales of the Commercial HouseThe commercial house bought by the purchaser is 【house completed】【commercial house for advance sale】. The administration that authorized the advance sale of commercial houses is Langfa

13、ng Municipal Bureau of State Land and Resources and House Management and the number of the Commercial House Advance Sale Permit is LFYZ No.20210032 .Article Three Basic Conditions of the Commercial House Bought by the PurchaserThe commercial house bought by the purchaser (hereinafter abbreviated as

14、the commercial house. Its floor plan is specified in annex one of the contract and the room number is subject to annex one) is located in the project as stated in the first article of the contract, details as below:【Building】002 【Floor】10 【Room】2-1001 The commercial house is used for residence with

15、shear wall structure, storey height of 2.80 m, and 11 floors on the ground and 2 floors underground.The balcony of the commercial house is 【close】【semi-close】.The commercial houses construction area【stipulated in the contract】【in property ownership registration】is totally 12 square meters, among whi

16、ch the indoor construction area is10 square meters, apportioned construction area of public area and public houses is square meters. (Instructions on the constitution apportioned construction area of public area and public houses are specified in annex two). Article Four Pricing Measures and Payment

17、The seller and the purchaser agree to count the commercial house payment according to the 1st of the following measures. (the cost of natural gas and heat energy is not included)1. According to construction area. The unit price of the commercial house is (currency type: RMB) 6,446.872Yuan per square

18、 meters, and the total payment amount is RMB seven hundred and eighty seven thousand seven hundred and forty three only. 2. According to indoor construction area. The unit price of the commercial house is (currency type ) per square meter, and the total payment amount is .3. According to set (unit).

19、 The total payment of the commercial house is (currency type ) .4. Article Five Area Confirmation and Area Discrepancy HandlingAccording to the counting measure selected by the purchaser, it is stipulated in this article that the area discrepancy handling is based on 【construction area】【indoor const

20、ruction area】(abbreviated as the area in this article). This article does not apply to the party that selects the payment counting according to set.In case of discrepancy between the area stipulated in the contract and the area in property ownership registration, the area in property ownership regis

21、tration serves as the criterion.After delivery of the commercial house, both parties agree to handle the discrepancy between the area in property ownership registration and the area stipulated in the contract according to measure 2 as follow.1. Joint agreement of the two parties.(1) (2) (3) (4) 2. B

22、oth parties agree on following regulations. (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

23、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 according to Interest rate of fixed assets loan of China Peoples Bank for the same term. If the purchaser does not c

24、ancel the house purchase and the area in 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 proper

25、ty ownership belongs to the purchaser. If the area in 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

26、be returned doubly to the purchaser from the seller.Area discrepancy rate = (area in 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 bo

27、th partied do not terminate the contract.Article Six Payment Term and Time LimitThe purchaser will pay regularly according to measure 3.1. Lump sum payment 2. Installment payment 3. Other measuresSeen in the Supplementary Agreement Article Seven Purchasers Responsibility for Breach of Contract Due t

28、o Overdue PaymentIf the purchase does not pay according to the time stipulated in this contract, following measure 1 will be complied with:1. Handle separately according to the overdue period. (No accumulation)(1) If the overdue period is less than 60 days, the purchase should pay 3 percent of the o

29、verdue payment per day to the seller as the penalty from the second day after 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 60 days, the seller has the right to terminate the contract. If the s

30、eller terminates the contract, the purchaser should pay 4 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 with the approval of the seller. From the second day after the paymen

31、t deadline stipulated in this contract to the actual payment day, the purchaser should pay three hundred thousandth (this rate should not be less than the penalty rate stipulated in the item just above) of the overdue payment per day to the seller.The overdue payment in this article refers to the ba

32、lance 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. Article

33、Eight Delivery TermThe seller should deliver the commercial house that reaches the 5 requirement as follow and matches the stipulations of this contract to the purchaser according to relevant state and local government regulations before the date of Mar. 31, 2004.1. The commercial house passes the e

34、xamination and acceptance.2. The commercial house passes the comprehensive examination and acceptance.3. The commercial house passes the termly comprehensive examination and acceptance.4. The commercial house acquires approval document on delivery and use of the commercial residence.5. The commercia

35、l housing has got the Beijing Construction Project Completion Record Table. If encountering special reasons as follows, the seller can postpone the delivery according to actual conditions except the conditions that both parties agree to terminate the contract or alter the contract through discussion

36、.1. Encountering force majeure and the seller informs the purchaser about it within 15 days upon the occurrence date.2. 3. 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 a

37、ccording to the first measure 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 60 days, the seller should pay thre

38、e hundred thousandth 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 this contract to the actual delivery day, and the performance of the contract continues.2. For the overdue period is over 60 days, the purchas

39、er has the right to terminate the contract. If the purchaser terminates the contract, the seller should return all the paid-up payment within 30 days upon the purchasers announcement day of the contract termination and pay 4% of the accumulative paid-up amount to the seller as the penalty. If the pu

40、rchaser 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 three hundred thousandth (this rate should not be less

41、than the penalty rate stipulated in the item just above) of the paid-up house purchase payment per day to the purchaser.2. 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 approv

42、ed by the planning department and the design alteration approved by the design unit, the seller should notify the purchaser 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. ; 3. ;4. ;5. ; 6. ;7. ;Th

43、e purchaser has the right to reply whether or not cancel 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, t

44、he 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 30 days after the house purchase cancellation date and pay interests according to interest rate of fixed assets loan of China Peoples

45、Bank for the same term. 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

46、 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 Instr

47、uction Book. If the seller cannot present the documentary proof or the documentary proof presented is incomplete, the purchaser has the right to refuse takeover and the seller should undertake the responsibilities caused by overdue delivery.In case of overdue delivery due to the sellers account, bot

48、h parties agree to comply with following measures:1. If the buyer does not handle the house inspection procedures within 15 days after the information, the qualified commercial house delivery is regarded. Purchaser will pay for the related expenses caused by the delayed delivery during the period fr

49、om the notice date to actual delivery date. 2. If overdue more than 60 days, the seller has the right to deduct the related expenses and return the purchasers payment for the house. LIANG Qiuling (signature) 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 all the responsibilities.Art