商品房買賣合同-英文樣板

1、CF-2000-0171Con tract No.:15119COMMODITY HOUSE PURCHASE AND SALESCONTRACTCopyVender : Vendee : Shandong In dustry and Commercial Admi nistratio n sealedMade un der Supervisi on of Nati onal Con structi on Departme nt andShandong Provi ncial Admi nistrati on for In dustry and CommerceCon tract Partie

2、s:Vender : Register Address : Register Business License Number : Company Qualification Certificate Number: Legal Represe ntative : Con tact Phone : Postal Code : En trusted Age nt : Con tact Phone : Address : Postal Code : En trusted Age ncy : Register Address : Register Busi ness Lice nse Number :

3、Legal Represe ntative : Con tact Phone : Postal Code : Vendee : Myself【Legal representative 】 Name : Natio nality: 【ID card 】【Passport 】【Busin ess lice nse registrati on nu mber】【 】Address :Postal CodeCon tact PhoneAccord ing to the Peoples Republic of China Law of con tractPeoples Republic of China

4、 City Real estate Con trol law and otherreleva nt laws and regulati ons, The ven dee and ven der should be baseon the equality, voluntarily, consults unanimously foundation to reachthe followi ng agreeme nts about purchas ing the commodityapartme nts .Article 1Project con struct ion basisSeller get

5、the land employment right of which is locatedin , the serial number is by theway of .【con tract nu mber for gran ti ng of Ian d-use right】【docume nt nu mber for allow ing and authoriz ing of Ian d-use right】【docume nt nu mber for tran sferri ng andauthoriz ing of Ian d-use right 】is.This land area i

6、s , the pla n use is the , the landuse age is limited from to .Seller by appro ving of authority, con struct thecommercialresidential housesin the above land parcel,【present name】,【temporary n ame】 , the con struct ion project pla n lice nsenumber is , the building permit license numberis .Article 2

7、Reside ntial basis.The reside ntial iscompleted house 】【the selling house inadvanee 】.The approval authority of selling house in advaneeis, pre-selli ng permit lice nse nu mber is.Article 3Fun dame ntalstate of ven dee s commodity house.Ven dee s commercial reside ntial buildi ng (here in after refe

8、rred to as the commodity building, the house plan is specified in appendix 1 to the con tract, house nu mber is bases on the appe ndix 1 details) which stipulated in the first article of the con tract is:【tents 】(building number ) specific house numberis ,【unit 】【layer house number Commercial buildi

9、ng seuwhich is approved by planningdepartme nt is , bel ongs to structure, layer heightis.the total nu mber of reside ntial plies areun dergro und layer are .The balc ony of this apartme nt is sealed not sealed.The total building area of this apartment ism2 as stipulated oncon tract property registr

10、ati on. The Usable Area ism2, with Publicarea to be shared m2 ( refer to the attachme nt2 for Public area to beshared con structi on expla nati on )Article 4 Valuatio n Mode & priceVen der and ven dee calculate the price of this apartme nt asstipulated in mode below:1. Accord ing to the build ing ar

11、ea, the unit price of this apartme nt is()/ m2, totally ()2. According to the Usable area, the unit price of this apartment is() / m, totally ()3. According to the Set, the unit price of this apartment is totally()4. Article 5 Area con firmati on and differe nee treatme ntAccord ing to the valuati o

12、n mode which in terested parties choose, this article stipulates the area con firmati on and differe nee treatme nt accord ing to buildi ng areausable area( here in after called area for short).Parties selected price accordi ng to Set, this clause shall not apply.For any differe nces in con tracted

13、area and registrati on area, the registratio n area will be take n as the sta ndard.After the apartme nt is tran sferred to the buyer, for any differe ncesin con tracted area and registrati on area, both parties will agree toman age accord ing to the followi ng term:1. Special agreeme nt by both par

14、ties(1 ) 7(2) 7o2. Both parties will agree to man age accord ing to the follow ingprin ciple:(1 ) If the absolute value differenee is within 3%( include 3%), the charge will be accord ing to actual amount.(2) If the absolute value differenee is exceeds 3%( include 3%),the buyer has rights to can cel

15、 the order.For the buyer who can cels the order, the seller must return themoney to buyer with in 30 days after buyer make the order can cel applicati on, and pay the in terests rates accord ing to%.For the buyer who choice not can cel the order, if the registratio nareas is withi n 3% (in clud ing

16、3%) bigger tha n con tracted area, the exceeded amount should be suppleme nted by the buyer; for the case which is more tha n 3%, the exceeded amount should be born by the seller, the property rights belongs to the buyer. If the registration areasis smaller tha n con tracted area, the area ratio is

17、within 3% (in clud ing 3%), the exceeded amount must be retur ned to the buyer; the amount which are more tha n 3% must be doubled and retur n to the buyer.Registrati on areas - Con tracted areaArea toleranee ratio =X100 %Con tracted areaThe differe nee caused by the desig n modificati on, which bot

18、hparties does not term in ate the con tract, buyer and seller should sig n compleme ntary agreeme nt of con tract.Article 6 Payme nt and Deadli neThe buyer must make the payme nt accord ing to themode1. Full Payme nt in onceo2. I nstallme nt Payme nto3. Loa n Payme nto4. OthersoArticle7 Breach of co

19、n tract resp on sibility for overdue payme ntIf the buyer cannot effect the payment in the stipulated time, he orshe will be treated in the mode:1. Accord ing to the late pay time, process respectively (notcumulative)(1 ) If the overdue date is withindays, from the 2nd due paymentdate to the actual

20、payme nt date, the buyer should pay to the seller%default fine accordi ng to the overdue date, the con tract will continue tobe performed.(2) If the overdue date is exceeds _ days, the buyer has the rightsto termi nate the con tract. the buyer should pay to the seller%default fine according to the o

21、verdue date, If buyer still willing to con ti nue the con tract, after seller agrees, the con tract will con ti nue to be performed, from the 2 nd due payme nt date to the actual payme nt date, the buyer should pay to the seller % (this ratio cannot less tha nthe rates in (1) ) default fine accordin

22、g to the overdue date.The overdue payme nt in this article refers to the bala nee betwee n6 th article due payme nt and actual effected payme nt; for in stallme nt payme nt, it should be decided by the bala nee betwee n due in stallme nt and actual payme nt.2. Article 8 Delivery deadli neAccording t

23、o the state s and local government regulations, theseller should han dover the commercial reside ntial buildi ng, whichpossess the below con diti ons, as stipulated by the con tract, to thebuyer before 1. This commodity residential building is inspected to be qualified.2. This commodity residential

24、building is comprehensivelyin spected to be qualified.3. This commodity reside ntial build ing is in stallme nt in spected to be qualified.4. This commodity reside ntial build ing obta ined the approvaldocume nts of commercial reside ntial han dover for usage.5. But in case of the follow ing excepti

25、 onal reas ons, except for both parties agree the term in ati on or altern atio n of con tract, the seller can prolong the deadli ne as per actual fact.1. Encoun tered with majeure, and seller in formed the buyer within days after the majeure occurs;2. 73. Article 9 Resp on sibility of delay in han

26、dover apartme ntExcept for the special cases stipulated in article8, if the sellercannot han dover the apartme nt to buyer in the stipulated schedule inthis con tract, the buyer should be treated in the followi ngmode:1. According to the overdue time, the seller should be treatedseparately (not be a

27、ccumulated)(1 ) For overdue date less than days, from the 2 nd day ofdeadline stipulated in article 8 to the actual deliver day, the sellershould pay% default fine of the already effected payme nt, this con tract will be performed con ti nu ously.(2) For overdue date more than days, the buyer can te

28、rminatethe con tract .In this case, the seller should return all the payme ntwith in days after the date of term in ati on, and pay _% default fineof the already effected payme nt. If the buyer requests con ti nu ously perform the con tract, this con tract will be performed continu ously.From the 2

29、nd day of deadline stipulated in article 8 to the actual deliver day, the seller should pay the buyer% (this ratio cannot be lessthan the rates in 1) of the already effected payment2. Article 10 Agreeme nt on the pla nning and desig ningvariati onThe pla nning and desig ning variati on agreed by gov

30、er nment ordesig ning orga ni zati on, which affects the commodity reside ntial quality and usage of buyer , the seller should send written notification to the buyer withi n 10 days after the approval upon the related authority:(1 ) The construction, layout, space dimension, orientation;(2) 77(7) Th

31、e buyer has the rights to reply in writte n words regardi ng whether to can cel the order with in 15 days after recei ving the no tice. If the buyer did n t can cel the order with in 15 days after recei ving thenotice, it will be regarded as acceptance to the variation. If the seller has n t no tice

32、d the buyer with in stipulated time, the buyer has rights to can cel the order .If the buyer can cel the order , the seller must return the effected payme nt withi n _ days after the request is made, and also pay thein terests accord ing to %. If the buyer does n t can cel the order , he or she shou

33、ld sig n suppleme ntary agreeme nt with the seller.oArticle 11 Han doverWhen the reside ntial commodity meets the usage con diti on, the seller should send written notification to the buyer to make handover procedure. During the handover, the seller must issue the proofdocuments stipulated in articl

34、e 8, and sign the residential handover sheet. For the reside ntial which bel ongs to habitati on, the seller also n eed to provide the habitati on quality guara ntee and habitati on usage in struct ion s. If seller fails to issue the above docume nts or issuein complete docume nts, the buyer has rig

35、hts to refuse accepti ng thehandover; delay caused by this case will shall be bear with the sellerFor the delay han dover caused by the buyer, both parties agreed toman age as below:Article 12 seller must en sure the reside ntial sold without property rights and creditors right disputes. Un able to

36、make property rights registrati on or occurre nee in disputes, the resp on sibility must be born by the seller .Article 13 Seller breach of Decorative equipme nt sta ndardspromiseThe decorative equipme nt sta ndards han dover by the seller shouldmeet the standard agreed by both parties (Appendix 3).

37、 If not achievethe sta ndard, the buyer has the rights to man age accordi ng to thefollowi ngmode.1. The seller compe nsates the decorative equipme nt in doublebala nee of the differe nt.2. 3. Article 14 Promise of seller on the no rmal usage of in frastructure, public affiliated equipme ntsThe sell

38、er promise the followi ng in frastructure, affiliated equipments directly relates with the normal usage of this residential achieve the usage con diti on accordi ng to the below date:1.2 .3.4 .5 .If on the stipulated date does not meet the conditions of use, the parties agree as follows:Article 15 A

39、greeme nts on the property rights registrati onThe seller should submit the related docume nts requested formaking property rights registrati on to the reside ntial adm ini strati ondept and make the procedure in days after handover. If the buyercannot get the registrati on proprietary certificate i

40、n time caused by theseller, both parties agree to treat in the followingmode:1. The buyer can cels the order, the seller must return the effected payme nt withi n xx days after buyer raised the requireme nt, andcompe nsate the buyer with % of the effected payme nt.2. The buyer does not can cel the o

41、rder, the seller should pay thedefault fine with % of the effected payme nt.3. Article 16 Repair guarantee responsibilityFor the buyer who buy commodity reside ntial, the reside ntial quality guara ntee will be affixed to this con tract. The seller will sta nd the repair responsibility according to

42、residential quality guarantee from the han dover day.For the buyer who buy commodity property id non-reside ntial, both parties should make suppleme ntal agreeme nt as appe ndix of this con tract which stipulates the repair scope, deadli ne, and resp on sibility.For the problems happe ned with in th

43、e repair scope, deadli ne, the seller should perform the repair . For the majeure or damaged not caused by the seller , the seller will not sta nd the resp on sibility, but can assist for the repairi ng, the buyer shall bear the repair fee.oArticle 17 Both parties can stipulates the following:1. The

44、 usage of the reside ntialroofi ng 2 . The usage of the residential externalwall；3 . The naming right of the building of thisreside ntial ；4 . The naming right of the community of thisreside ntial ；5. 76. Article 18 The buyer s housesn only be use as l, the buyercannot cha nge the main structure, pa

45、rtiti on structure and usage duri ng the usage. Except for additi onal stipulated in the other attachme nt in con tract, the buyer has the rights to share the public area and infrastructure with other people with the rights, and bear the duty accord ing to land area occupy ing and public shared area.The seller can