英文版房屋预售合同

1、PRE SALE AGRFFMFNTBETWEENAVIC COAST LAND DEVELOPMENT (T) LIMITED ofP. O. Box 11600, Dar es Salaam, Tan za nia(Developer / Vendor)ANDM/s.(Purchaser)In Respect ofA Property (UNIT ) known as HOUSE NO. of ZONE-01 (RegisteredUnit Pla n 血) ofPlot 地65, Block A, Amani Gomvu, Minondo Somangila, Kigamboni Are

2、a, Temeke Municipality, Dar es Salaam, TanzaniaPrepared By :BraveHill Attor neys,106/27 - Ali Hassan Mwinyi Road,Suit No. 203, 2 nd Floor,Ex-NEDCO Buildi ng,Upan ga, Ilala Mun icipality,P. O. Box 8566,Dar es Salaam - Tanzania.THIS PRE-SALE AGREEME NT is made on this-dayof 2015BETWEEN:AVIC COAST LAND

3、 DEVELOPMENT (T) LIMITED , a legal person incorporated and existing under the laws of the United Republic of Tanzania (Cap. 212 of the Laws) whose registered office is at AVIC INTL Apartme nts Sea View, Plot No., Sea View, Upa nga Area,Ilala Muni cipality, P. O. Box, Dar es Salaam,Ta nzani a(here in

4、 after called the Ven dor ”which expressi on shall, where the con text so requires, in clude the Ven dor's pers onal represe ntatives, heirs, liquidators and permitted assig nees) on one part;ANDMr./Mrs./Miss./Dr./Prof/Ms. .a TanzanianCitize n/Non-Citize n of Tanzania who for the purposes hereof

5、 and for matters of com muni cati on his/her addressshall be P. O. Box , Dar es salaam,Ta nzania (here in after called thePurchaser” which expressi on shall, where the con text so requires, i nclude the Purchasers pers onal represe ntatives, heirs and permitted assig nees) in sec ond part; both/thed

6、or and the Purchaser to be jointly referred to asParties”. “RECITALS:A. WHEREAS The Vendor is the Developer of the Property known as Plot No. 265, Block A,comprising of TWELVE (12) Main Areas indicated under registered MAIN UNIT PLAN No. 10 referred to as ZONES ” within which registered ZONE -01 UNI

7、T PLAN consist of 160 UNITS registeredas UNIT PLAN M 10/1 with the Registrar of Titles - Mi nistry of Lan ds, Housing and Human Settlements Development at Dar es Salaam - Tanzania, includes UNIT/House Number located at Ama ni Gomvu, Minondo Soma ngila, Kigambo ni Area,Temeke Municipality, Dar es Sal

8、aam, Tanzania (herein to be referred to 鈿衣 / Property ” );B. WHEREAS The Purchaser Accepted the OFFER LETTER with Referenee No.from the Ven dor dated .dayof201_ and hav ing satisfied all Terms and Con diti ons of the Offer at the Ven dor' verificati on and chose n a payme nt modality in a manner

9、 as described here in below, is now desirous of purchas ing the Property that has bee n ide ntified and selected by himself/herself with the above refere nee at the Purchase Price and on the terms and con diti ons set out here in below.C. WHEREAS the Ven dor is willi ng, able and ready to complete t

10、he Property so selecteda nd therefore sell the same to thePurchaser in accorda nee with the terms and con diti ons set forth herei n;THEREFORE, IT IS HEREBY AGREED BY BOTH PARTIES THAT:1. INTERPRETATION:In this Agreeme nt uni ess incon siste nt with or otherwise in dicated by the con text the follow

11、i ng words and expressi ons shall have the mea nings assig ned to them here un der:“Act”“Agreement ”“Association ”“Certificate of Unit Title“Common Property /Area ”“Constitution ”“Co-owner ”“Developer ”“Financial MonthlyContribution ”“Land ”“Main Unit Plan ”“Occupation Date ”“Offer Letter/Offer ”mea

12、ns the Unit Title Act 2008 or any Amendments thereto and includes the Regulations promulgated thereunder, from time to time;shall mean this Pre-Sale Agreement and shall include any annexures, addenda, schedules or appendices hereto;means the AVIC Town ZONE 01 Homeowners Association as incorporated u

13、nder the Act;means certificate issued under Regulation 6 of the Unit Titles Regulations, 2009 or any Amendments thereto;means any portion(s) of the Unit Property other than the individual Unit/House including all general and restricted use common properties as described more fully in the Unit Plan;m

14、eans AVIC Town ZONE 01 Homeowners Association C'onstitution imposed in terms of the Act, subject to any amendments permitted in terms of the Act as per Annexure D” to th“is Agreement;means the person, firm, corporation, partnership, association, trust or other legal entity or any combination of

15、such entities who or which own a Unit or Units in the Unit Property and the term Co-owner(s) wherever used is synonymous with the term Owner(s);means theVendor as engaged in the business of developing a Unit Property as provided for in the Act;means any amount determined by the Association, from tim

16、e to time in accordancewith the Constitution and the By-Laws both of AVIC Town ZONE 01 Homeowners Association;means part of Plot No. 265, Block A, Amani Gomvu, Minondo Somangila, Kigamboni Area, Temeke Municipality, Dar es Salaam, Tanzania which has been identified as ZONE 01 in the Registered MAIN

17、UNIT PLAN No. 10;refers to the registered master plan (MAIN UNIT PLAN No. 10) of development of Plot No. 265, Block A, Amani Gomvu, Minondo Somangila, Kigamboni Area, Temeke Municipality, Dar es Salaam, Tanzania, as described under Certificate of Title Number 120678 now designed and demarcatedinto T

18、WELVE (12) separateareas known as ZONES to suit the requirements of Unit Titles under the Act;means the date of handover of the Unit by thVeendor to the Purchaser;means the Offer Letter to sell the UNIT issued by the Vendor and accepted by the Purchaser indicating all fundamental Terms and Condition

19、s to be preceded by this Agreement;“Unit CompletionDate”means the date of final completion of the Unit which is set and agreed to be on ;“Property ”means the UNIT in the context ascribed hereunder by this Agreement;“Properties ”means the Units/Houses and all improvements to be erected on registered

20、Unit Plan No. 10/1 for ZONE 01 in Plot No. 265, Block A, Amani Gomvu, Minondo Somangila, Kigamboni Area, Temeke Municipality, Dar es Salaam, Tanzania;“Regulations ”refers to all future Rules and Proceduresto be made and adopted by the Association in the future in running day to day operations relate

21、d to the welfare of ZONE-01 Community as shall always remain lawful and in line with the Act;“RestrictedCommon Area”means thosecommon areas (e.g. RoadsM, ain Gates, Water Tower giving access to the roads, Water Source and open Spaces) that are reserved for the exclusive use of Co-owners and other Un

22、it Owners from neighbouring/adjourning Unit Plans (Zones) within the Property or any other person so allowed by the Management Committee of a specific Unit or Units as described more fully in the Unit Plan;“Rules”means AVIC Town ZONE 01 Homeowners Association'sBy-Laws, imposed in terms of the Ac

23、t, subject to any amendments permitted in terms of the Act as per Annexure E” to tihs“Agreement;“Unit Property ”means the land described in the Unit Plan with its boundaries as the same may be amendedtogether with all structures, improvements, easements, rights and appurtenances located on/or belong

24、ing to ZONE-01 Area;“Unit ”means a House/Building and its surrounding land indicated by boundaries, which is a portion of the Unit Property that is designed and intended for exclusive and separate ownership/use by thPeurchaser, as described in the Unit Plan;“Unit Plan”means the document together wit

25、h the exhibits attached to it and all amendments that may be adopted in the future, by which the Unit and Unit Property is being submitted and registeredfor Unit ownership under the Act as per Annexure A” to“this Agreement.2. In this Agreement:2.1 Unless the context clearly indicates otherwise, word

26、s importing the singular shall includethe plural, words importing the masculine, feminine or neuter shall include the others or such gen ders, and words import ing pers ons shall in elude corporate bodies, and vice versa in each in sta nee.2.2 Expressi ons with refere nee to writ ing shall be con st

27、rued as in clud ing refere nee to prin ti ng, lithography, photography and other modes of representing or reproducing words in visible form.2.3 Where figures are referred to in words and in nu merals, if there is any con flict betwee n the two, the words shall prevail.2.4 If any provision in a defin

28、ition is a substantive provision conferring rights or imposing obligations on any person, then, notwithstanding that it is only in the Interpretation Clause of this Agreement, effect shall be given to it as if it were a substantive provision in the body of this Agreeme nt.2.5 The Ann exures to this

29、Agreeme nt are deemed to be in corporated in and form part of this Agreeme nt.3. PURCHASE PRICE:3.1 Upon and subject to the terms and con diti ons of this Agreeme nt which in corporates the Offer Letter thereto, the Ven dor hereby sells to the Purchaser and the Purchaser purchases theU nit/House for

30、 the Price of Uni ted States Dollars (US$.) + 18% VATOR its equivale nt in Tanzania Shilli ngs at thVe ndor' s recei ving Bank Rates on the date of payme nt as in dicated un der Clause 3.2 here un der this Pre-Sale Agreeme nt (here in after to be referred to as Purchas“ Price”. To be more precis

31、e, the Purchase Price for the UNIT/House shall depend on the Payment Modality to be chosen by the Purchaser un der Clause 4 and as shall be in dicated in the ACCEPTANCE Form to the Offer Letter by the Purchaser.3.2 For avoida nee of doubt and subject to the Payme nt Modality, the Purchase Price shal

32、l be calculated as follows:3.2.1 Purchase Price for One Time Payme nt ModalityUnit Price US$. + 18% VAT US$.=Total Purchase Price US$.; OR3.2.2 Purchase Price for In stalme nt Payme nt ModalityUnit Price US$. + 18% VAT US$.=Total Purchase Price US$.; OR3.2.3 Purchase Price for Mortgage Finance Payme

33、nt ModalityUnit Price US$. + 18% VAT US$.=Total Purchase Price US$.3.3 The Ven dor here in ack no wledgesthat the Purchaser has already paid Un ited States Dollars(US$.) ORits equivale nt i n Tanzani aShilli ngs as Dow n Payme ntof the Purchase Price and has opted for clauseas payme nt modality here

34、 un der by execut ing this Agreeme nt.3.4 The Property is sold free from all registered en cumbra nces but is sold subject to all other rights and interests to which the Property is subject in law, as expresslystated in the Register of Un its and as stated in and provided for un der the Certificate

35、of Unit Title in respect of the Property.4. PAYMENT MODALITY:4.1 The Purchaser has a right before the Un it Completi on Date to cha nge the modality of payme nt from the one above to several other opti ons provided by theVe ndor as listed here un der on Default Clause subject to payme nt of adm ini

36、stratio n charge provided for in each respective payme nt modality.4.2 In this Agreement, subject to provisions of the Conditions of the Offer Letter (as per Clause 5 of the Offer Letter), thePurchaser is provided with several payme nt opti ons by the Ven dor as provided here un der:4.2.1 Payme nt o

37、f the Purchase Price in full which will give the°urchaser SIXTY (60) cale ndar days grace period to complete the payme nt of the said rema ining bala nee from the date of executi on of this Pre-Sale Agreeme nt; OR4.2.2 Payme nt by In stalme nts to be made from the date of executi on of this Pre

38、-SaleAgreeme nt to the Unit Completio n Date; Provided that ano ther payme nt of not less than FIVE Per Cent (5%) of the PurchasePrice is made within THIRTY ONE (31) calendardays from the date of execution of the Pre-SaleAgreement and another payment of not less than Per Cent (%) of thePurchase Pric

39、e must be made within calendar days from the dateof payme nt of the FIVE Per Cent (5%) of the Purchase Price stated here in; OR4.2.3 Payment of the Purchase Price (the remaining unpaid part of the Purchase Price) via Mortgage Financing to be arrangedby the Purchaser and agreedby both Parties prior t

40、o executi on of this Pre-Sale Agreeme nt and made from the Finan cial In stituti ons accepted by the Ven dor as per Ann exure C” to this Pre-Sale Agreeme nt. On this modality, thPurchaser must submit to theVe ndor a Letterof Approval from the Financial Institution which agreed to provide the mortgag

41、e within SIXTY (60) calendar days from the date of execution of the Pre-Sale Agreement. That, after a Letter of Approval, the Purchaser shall within NINETY (90) calendar days from the date of execution of the Pre-Sale Agreeme nt submit to theVe ndor a Payme nt Guara ntee draw n in favour of the Ven

42、dor for the mortgaged amount.4.34.3 All payme nt modalities highlighted here in above shall be made payableto the Ven dor through the Ven dor' Bank Acco unts provided un der Ann exure B ” to this Pre-sale Agreeme nt and not otherwise.4.4 The Purchase Price shall be paid in Un ited States Dollars

43、 or its equivale nt into Tanzania Shillings Currency under the exchange rate of the receiving Bank on the date of payment (which amount is in clusive of VAT).5. OCCUPATION/POSSESSION:5.1 Possessi on and Occupati on shall be give n to thPurchaser who shall be obliged to take the same on the Occupati

44、on Date subject to the Ven dor being satisfied that the Purchaser has fulfilled all of his/her financial obligations and arrangements arising from this Agreeme nt.5.2 The Ven dor un dertakes to perform her obligati on and deliver the Property on time and that, duri ng the existe nce of this con trac

45、tual relati on ship, will hold the Purchaser harmless and indemni fied aga in st a ny loss or damages that will occur as the direct result of the Ven dor' acts/omissi ons in conn ecti on to this Agreeme nt.5.3 The Ven dor warra nts thePurchaser that immediately after executi on of this Agreeme n

46、t,the House/UNIT sold will be delivered to the Purchaser timely on the Unit Completion Date which is set and agreed to be on , Provided always that thePurchaser:5.3.1 has fulfilled his/her obligati on to pay the Purchase Price in full; OR5.3.2 has completed SIXTY Per Cent (60%) or more of the Purcha

47、se Price and provides to the Ven dor an irrevocable and uncon diti onal Bank Guara ntee coveri ng all subseque nt in stalme nts in favour of theVe ndor from the Finan cial In stituti ons acceptedby the Ven dor which value must tally with or be greater tha n the outsta nding bala nce of the Purchase

48、Price rema in un paid on the Occupati on Date; OR5.3.3 submits to theVendor a Payment Guarantee for the mortgaged amount from the Mortgage Deed en tered betweenthe Purchaser and its Bank (as per Ann exureC” here in) draw n in favour of the Ven dor for the outsta nding bala nceof the Purchase Price.5

49、.4 A certificate issued by an Architect or a Local Authority to the effect that the Unit is suitable for beneficial occupation is binding upon the Parties and when issuing such certificate the Architect or the Local Authority shall be deemed to have acted as an expert.5.5 The UNIT/House offered shal

50、l be Semi-furnished with all Sanitary Wares, Kitchen Applia nces, pain ts, tiles and lights and shall be as to the sta ndards selected byethdor as per Ann exure G”.5.6 The Ven dor shall not be resp on sible for any loss, damage or inconvenience suffered by the Purchaser by reas on of any build ing o

51、perati ons which may be con ducted in respect of the developme nt (the UNIT) THREE (03) cale ndar mon ths after the Occupation Date. This liability excludes losses and damages of all electrical equipme nts or that might be a result of electrical faults which thPurchaser must be full responsible and

52、is at liberty to in sure the Property aga inst such losses.5.7 From the Occupati on Date thePurchaser shall:5.7.1 Keep the Unit in good repair and shall not store or harbour or allow to be stored or harboured in or about the Unit an d/or Restricted Com mon Area, Com mon Area, and/or the Land and/or

53、by the Building any articles, goods or materials which may vitiate any fire or other in sura nce policy held by tlVten dor (if any) or in crease the premiums payable in respect of such policy;5.7.2 Be responsible for all costs of electricity and water in the Unit as shall be provided by respective c

54、ompa ni es;5.7.3 Be resp on sible for all costs of security for com mon areas, garbage collecti on for com mon areas and maintenance of public facilities as shall be provided in Man ageme nt Service Agreeme nt which must be sig ned on or before Occupati on Date;5.7.4 Save insofar as may be inconsist

55、ent with the provisions of this Agreement, be resp on sible for all other obligati ons of an Owner as set out in the Act; And5.7.5 Comply with all Rules, Regulations and By-Laws applicable to the Property.6. FINANCIAL MONTHLY CONTRIBUTION:6.1 From and in cludi ng the Occupati on Date as aforesaid, t

56、hePurchaser shall be liable to pay the Associati on a Finan cial Mon thly Con tributi on and other con tributi ons as required un der the Act being a proporti on ate share of the total cost required for man agi ng, operation, administering, insuring and maintaining the Land, Common Property, Restric

57、ted Com mon Area and general utility bills for com mon areas.Such Finan cial Monthly Contributions shall be paid half annually in advance on the first calendar day of each and every six cale ndar mon ths period to the Man ageme nt Committee of the Associati on/Appo in ted Service Provider.6.2 The Ma

58、n ageme nt Committee of the Associatio n reserves the rights of ame nding payme nt modality of Financial Monthly Contribution from time to time.7. RISK:7.1 From Occupati on Date and immediately after expiry of the Three (03) cale ndar mon ths Observati on period as per Clause 5.6 here in above, all

59、risks and ben efits of the Property shall pass from the/endor/Developer to the Purchaser.8. REGISTRATION OF TRANSFER:8.1 Tran sfer and registratio n of the Property in favour of thP urchaser shall be affected and completed by the Ven dor through its Attorn eys. In the eve nt the Purchaser opts to complete re