中英文翻译模板-商品房买卖合同(北京)

1、 Serial No. :327338Commercial Housing Sales ContractSupervised and made by Beijing Municipal Bureau of State Land and Resources and House Management Instructions of Commercial Housing Sales Contract1. The contract is a sample contract; which is made together by Beijing Construction Committee and Bei

2、jing 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 t

3、he 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 prefer

4、ential. 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.

5、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 Co

6、ntractThe 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.: Enterprise Qualification Certificate No.: Legal Representative: DU S

7、haoyi 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 Qi

8、uling Nationality: Chinese 【ID Card】【Passport】【Business License Registered No.】【 】 Address: No.9, Door 1, Building 1, Fangyuan Nanli, Chaoyang District 【Authorized Agent】【 】Name: Nationality: Address: Postcode: Telephone No.: According to Contract Law of the People's Republic of China, Urban Rea

9、l 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 ConstructionThe

10、 seller acquired land use right of the land located at No.39, Yinmajing, Zuoanmenwai, 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)

11、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

12、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 HouseThe commercial house bought by the purchaser is 【house completed】【commercial house for advance sale】. The administration that authori

13、zed 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 PurchaserThe commercial house bo

14、ught 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

15、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 houses construction area【stipulated in the contract】【in property ownership registra

16、tion】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

17、 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 PaymentThe seller and the purchaser agree to count the commercial house payment according to the 1st of the foll

18、owing 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 eig

19、hty 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 Disc

20、repancy 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 construction area】(abbreviated as the area in this article). This article does not apply to the party that selects t

21、he 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 discre

22、pancy 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%

23、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 purchaser within 3

24、0 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 cancel the house purchase and the area in property ownership registration is larger than the area stipulated in

25、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

26、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 registr

27、ation - 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 LimitThe purchaser will pay regularl

28、y 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 to Overdue PaymentIf the purchase does not pay according to the time stipulated in this contract, following meas

29、ure 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 i

30、n 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 t

31、he 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 thousa

32、ndth (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

33、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 TermThe seller should deliver the commercial house that reaches the 5 requirement as follow and

34、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 co

35、mmercial 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

36、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

37、 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 according to the first measure if the seller fails to deliver the commercial house to the purchaser according to

38、 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

39、 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

40、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 purchaser is willing to continue implementing the contract, the contract will continue to be effective. From the

41、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 p

42、urchaser.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 approved by the planning department and the design alteration approved by the design unit, the seller should notify t

43、he 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 afte

44、r 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

45、 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 Bank for the same term. If the purchaser does not cancel the house purchase, supplementary agreement should be

46、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 the takeover of examination and acceptance, the seller should present documentary proof stipulated in article

47、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 incomplet

48、e, 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, both parties agree to comply with following measures:1. If the buyer does not handle the house inspection procedur

49、es 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 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