商品房买卖合同中英文翻译模板
Serial No. :327338 Commercial Housing Sales Contract
Supervised and made by Beijing Municipal Bureau of
State Land and Resources and House Management
Instructions of Commercial Housing Sales Contract
1. The contract is a sample contract; which is made together by Beijing Construction Committee and Beijing Administration for 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 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 [ ] options, 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, vendor 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 Contract
The two parties concerned in this contract:
The Seller:Beijing Zhongguang Real Estate Co., Ltd.
Registered Address: No. 268, Shuiyuan Lu, Industry Development Zone, Miyun County, Beijing City
Business License Registered No.:1102281092744
Enterprise Qualification Certificate No.:
Legal Representative: DU Shaoyi Telephone No.: 67651346 Postcode: 100078
Entrusted Agent:
Address:
Postcode: Telephones No.:
Entrusted Organization:
Registered Address:
Business License Registered No.:
Legal Representative: Telephone No.:
Postcode:
The Purchaser: LIANG Qiuling
【Individual】【Legal Representative】Name: LIANG Qiuling
Nationality: Chinese
【ID Card】【Passport】【Business License Registered No.】【】11010319600812194
Address: No.9, Door 1, Building 1, Fangyuan Nanli, Chaoyang District Postcode: 100016 Telephone No.: 137********
【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 Republic 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 Construction
The seller acquired land use right of the land located at No.39, Yinmajing, Zuo’anmenwai, Chaoyang District with the serial No. 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 JDC (H) ZI (2000) No. 438 .
The land area is 14329㎡ . Planned purpose of the land is for residence. The land use term is from Aug. 22, 2000 to Aug. 21, 2070 .
After the approval, the seller constructed commercial houses on the aforementioned land. 【qualified name】【temporary name】Guangshun Yuan .The Number of the Construction Project Planning Permit is 2000-GJZI-1551 , The Construction Permit Number is J JKZI [2000] No. 2637.
Article Two Basis for Sales of the Commercial House
The 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 Beijing Municipal Bureau of State Land and Resources and House Management and the number of the Commercial House Advance Sale Permit is JF NZ ZI No. 805 .
Article Three Basic Conditions of the Commercial House Bought by the Purchaser
The commercial house bought by the purchaser (hereinafter abbreviated as 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】1 【Floor】18 【Room】07
The commercial house is used for residence with shear wall structure, storey height of 2.7 m, and 22 floors on the ground and 2 floors underground.
The balcony of the commercial house is 【close】【semi-close】.
The commercial house’s construction area【stipulated in the contract】【in property ownership registration】is totally 128.88 square meters, among which the indoor construction area is105.96 square meters, apportioned construction area of public area and public houses is 22.92 square meters. (Instructions on the constitution apportioned construction area of public area and public houses are specified in annex two).
The floor mentioned in the Article 3 of the contract is the sold floor not the actual floor. The sold floors exclude Floor 4, 13, 14, 24.
Article Four Pricing Measures and Payment
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) 6,000.00 Yuan per square meters, and the total payment amount is RMB seven hundred and seventy three thousand two hundred and eighty 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). The total payment of the commercial house is (currency type ) .
4.
Article Five Area Confirmation and Area Discrepancy Handling According 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 construction 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 registration 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. Both 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 the purchaser cancels the house purchase, the seller should return the paid-up amount to the purchas er within 30 days upon the purchaser’s house purchase cancellation, and pay interest according to Interest rate of fixed assets loan of China People’s Bank for the same term.
If the purchaser does not cancel 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 property 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 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 both partied do not terminate the contract.
Article Six Payment Term and Time Limit
The purchaser will pay regularly according to measure 3.
1. Lump sum payment
2. Installment payment
3. Other measures
Seen in the Supplementary Agreement
Article Seven Purcha ser’s Responsibility for Breach of Contract Due to Overdue Payment
If 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 overdue 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 seller 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 payment 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 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.
Article Eight Delivery Term
The 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 examination 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 commercial 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.
1. Encountering force majeure and the seller informs the purchaser about it
within 15 days upon the occurrence date.
2.
3.
Article Nine Seller’s Responsibility for Breach of Contract Due to Overdue Delivery
Except the special condition stipulated in article eight of this contract, it will be handled according 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 three
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 purchaser 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 purchaser’s announcement day of the contract termination and pay 4% 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 three hundred thousandth (this rate should not be less 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 Design
If 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 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. ; The 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, 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 30 days after the house purchase cancellation date and pay interests according to interest rate of fixed assets loan of China People’s Bank for the same term.
If the purchaser does not cancel the house purchase, supplementary agreement should be signed with the seller.
Article Eleven Delivery
When 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 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 seller’s account, both 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 from 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 purchaser’s 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 credit’s rights and indebted ness. In case of the seller’s reasons that cause inability to handle ownership registration or occurrence of credit and debt dispute, the seller should undertake all the responsibilities.
Article Thirteen The S eller’s Penalty Commitment Regarding Decoration and Facility Standard
The decoration and facility standard of the delivered house is according to the attachment 3. If the decoration and facility are not qualified, buyer has right to handle the matter according the measure 1 as follows:
1. The seller shall compensate the double post of the decoration and
equipments.
2.
3.
Article Fourteen The Seller’s Promise on Formal Operation of Public Facilities and Basic Facilities
1.
2.
3.
4.
5.
If the conditions are not available up to the regulated date, the two parties agree to solve it as the following way:
1.
2.
Article Fifteen Agreements on Ownership Registration
The seller should, within 180 days after the commercial house delivery, submit ownership registration materials provided by the purchaser to the ownership registration administration for filing. If the purchaser cannot acquire real estate ownership certificate within stipulated time limit due to the seller’s reaso ns, both parties agree to comply with the following measure 2:
1. The purchaser cancels the house purchase, and the seller returns the paid-up house payment to the purchaser within 30 day after the purchaser’s house purchase cancellation, and pay 1% as of the paid-up house payment as the compensation for the purchaser’s loss.
2. The purchaser does not cancel the house purchase, and the seller pays
2% as of the paid-up house payment to the purchaser as the penalty.
3.
Article Sixteen Warranty Responsibilities
For the commercial house bought for commercial residence use, the Guarantee Letter of Residence Quality is the annex of this contract. The seller should assume relevant warranty responsibilities from the commercial house delivery day according to the commitments in the Guarantee Letter of Residence Quality.
For the commercial house bought for non-commercial residence use, both parties should make specific stipulations on warranty scope, period and responsibilities etc in form of contract annex.
As for the quality problems occurred within the warranty scope and period of the commercial house, the seller should perform warranty obligation. For the
damage caused by force majeure or not seller’s reasons, the seller will not undertake responsibility, but may offer assistance for maintenance. The maintenance charges will be paid by the purchaser.
. Article Seventeen Both Parties Agree on Following Issues:
1. The right to use the internal surface of the building where the commercial
house locates: belongs to the concurrent owner;
2. The right to use the exterior wall of the building where the commercial
house locates: belongs to the concurrent owner;
3. The right to name the building where the commercial house locates:
approved by Beijing Local Bureau ;
4. The right to name the community where the commercial house locates:
approved by Beijing Local Bureau ;
5.
6.
Article Eighteen The purchaser’s house is only used for residence. During the use period, the purchaser cannot alter the main construction structure, bearing structure and purpose of the commercial house deliberately. Except otherwise regulated in this contract and the annex thereof, the purchaser is entitled to share the common parts and facilities related to the commercial house with other owners, and undertake obligations according to land occupancy area and apportioned area of common parts and public houses.
The seller cannot alter the function of the common parts and facilities related to the commercial house deliberately.
Article Nineteen For the disputes occurred during the performance of the contract, both parties will solve through discussion. If the discussion fails to work, the second measure as follow will be complied with:
1. Submit to Beijing arbitration committee.
2. Sue to the People’s Court according to law.
Article Twenty For the issues excluded in this contract, the supplementary agreement (annex four) should be signed upon both parties’ consen ts.
Article Twenty One The contract annexes bear the equivalent legal force as this contract. Within the contract and the annex thereof, the written characters filled in blank bear the equivalent force as the printed text.
Article Twenty Two This contract attached with annexes has 15 pages, and is done in 4 copies, which bear the equivalent legal force. The contracts are held as follow:
One copy for the seller, one copy for the purchaser, two copies for administration for real estate.
Article Twenty Three This contract come s into effect upon both parties’ signature.
Article Twenty Four For the advance sale of the commercial house, the seller should apply for filing registration to Beijing Chaoyang District Administration for Real Estate within 30 days after the contract becomes effective.
Seller: Beijing Zhongguang Real Estate Co., Ltd.(sealed)
Legal representative:
Signed on Jan. 4, 2004
Signed in Beijing
Purchaser: LIANG Qiuling (signature)
Legal representative:
Signed on Jan. 4, 2004
Signed in Beijing
Annex 1: House ichnography
Beijing Zhongguang Real Estate Co., Ltd.(sealed)
LIANG Qiuling (signature)
Annex 2:
Formation introduction of the apportioned construction area of public area and public houses
1. Floor 2 under the ground
2. Floor 1 under the ground
3. Floor 1
4. Floor 2 to Floor 22
5. Top Floor
6. Walls
All the public construction area is for residence and apportioned by proportion according to the document of J GTFGQ ZI [2000] No. 369.
LIANG Qiuling (signature)
Beijing Zhongguang Real Estate Co., Ltd.(sealed)
Jul. 5, 2002
Annex 3: Decoration and facility standards
1. Outer wall:
2. Inner wall:
3. Ceiling:
4. Floor:
5. Doors and windows:
6. Kitchen:
7. Lavatory:
8. Balcony:
9. Elevator
10. Others: