商品房买卖合同-英文样板.pdf

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1、CF2000-0171Contract No。:15119COMMODITY HOUSE PURCHASE AND SALESCOMMODITY HOUSE PURCHASE AND SALESCONTRACTCONTRACTCopyCopyVender：Vendee:Shandong Industry and Commercial Administration sealedShandong Industry and Commercial Administration sealedMade under Supervision of National Construction Departmen

2、t andShandong Provincial Administration for Industry and CommerceContract Parties:VenderVender:Register Address:Register Business License Number：Company Qualification Certificate Number：Legal Representative：Contact Phone：Postal Code：Entrusted Agent：Contact Phone:Address：Postal Code：Entrusted Agency:

3、Register Address:Register Business License Number：Legal Representative:Contact Phone:Postal Code:VendeeVendee：Myself【Legal representative】Name：Nationality:【ID card】【Passport】【Business license registration number】【】Address：Postal Code：Contact Phone：According to the Peoples Republic of China Law of co

4、ntract ，Peoples Republic of China City Real estate Control law andotherrelevant laws and regulations，The vendee and vender should be baseon the equality,voluntarily,consults unanimously foundation to reachthe following agreements about purchasing the commodityapartments。Article 1Article 1Project con

5、struction basisProject construction basisSeller get the land employment right of which is locatedin，the serial number isby theway of。【contract number for granting of land use right】【document number for allowing and authorizing of land-use right】【document number for transferring andauthorizing of lan

6、d-use right】is。This land area is，the plan use is the,the landuse age is limited fromto。Seller by approving of authority，construct the commercialresidential houses in the above land parcel,【present name】,【temporary name】，the construction project plan licensenumber is,the building permit license numbe

7、ris.Article 2Article 2Residential basisResidential basis。The residential is【completed house】【the selling house inadvance】。The approval authority of selling house in advanceis，pre-selling permit license number is。Article 3Article 3Fundamental state of vendees commodity house.Fundamental state of vend

8、ees commodity house.Vendees commercial residential building（hereinafter referred toas the commodity building,the house plan is specified in appendix 1 tothe contract，house number is bases on the appendix 1 details）whichstipulated in the first article of the contract is:【tents】(building number)specif

9、ic house numberis，【unit】【layer】house number.Commercial buildings use which is approved by planningdepartment is,belongs tostructure，layer heightis.the total number of residential plies areunderground layer are.The balcony of this apartment is sealed not sealed.The total building area of this apartme

10、nt is asstipulated oncontract property registration.The Usable Area is，withPublic area to be shared（refer to the attachment2 for Publicarea to be shared construction explanation）Article 4 Valuation Mode&priceArticle 4 Valuation Mode&priceVender and vendee calculate the price of this apartment asstip

11、ulated inmode below：1。According to the building area，the unit price of this apartmentis()/，totally(）2.According to the Usable area，the unit price of this apartment is(）/，totally（)3。According to the Set，the unit price of this apartment is totally()4。Article 5 Area confirmation and difference treatmen

12、tArticle 5 Area confirmation and difference treatmentAccording to the valuation mode which interested parties choose,this article stipulates the area confirmation and difference treatmentaccording to building area usable area（hereinafter called area forshort）.Parties selected price according to Set,

13、this clause shall not apply。For any differences in contracted area and registration area，theregistration area will be taken as the standard。After the apartment is transferred to the buyer,for any differencesin contracted area and registration area，both parties will agree tomanage according to the fo

14、llowingterm:1.Special agreement by both parties（1）；（2）；（3);（4)。2。Both parties will agree to manage according to the followingprinciple：(1）If the absolute value difference is within 3%（include 3%），thecharge will be according to actual amount。（2)If the absolute value difference is exceeds 3%（include 3

15、%),the buyer has rights to cancel the order。For the buyer who cancels the order,the seller must return themoney to buyer within 30 days after buyer make the order cancelapplication,and pay the interests rates according to%。For the buyer who choice not cancel the order,if the registrationareas is wit

16、hin 3（including 3)bigger than contracted area，theexceeded amount should be supplemented by the buyer；for the casewhich is more than 3，the exceeded amount should be born by theseller，the property rights belongs to the buyer.If the registrationareas is smaller than contracted area,the area ratio is wi

17、thin 3%(including 3%），the exceeded amount must be returned to the buyer；the amount which are more than 3 must be doubled and return tothe buyer.Registration areas-Contracted areaArea tolerance ratio=100Contracted areaThe difference caused by the design modification,which bothparties does not termina

18、te the contract，buyer and seller should signcomplementary agreement of contract。Article 6 Payment and DeadlineArticle 6 Payment and DeadlineThe buyer must make the payment according to themode1。Full Payment in once。2。Installment Payment。3.Loan Payment.4。Others。Article7 Breach of contract responsibil

19、ity for overdueArticle7 Breach of contract responsibility for overduepaymentpaymentIf the buyer cannot effect the payment in the stipulated time，he orshe will be treated in themode：1.According to the late pay time，process respectively（notcumulative）（1)If the overdue date is within_ _days,from the 2n

20、d due paymentdate to the actual payment date,the buyer should pay to the seller default fine according to the overdue date,the contract will continue tobe performed。（2）If the overdue date is exceeds _ days，the buyer has therights to terminate the contract.the buyer should pay to the seller%default f

21、ine according to the overdue date，If buyer still willing tocontinue the contract,after seller agrees,the contract will continue tobe performed，from the 2nd due payment date to the actual paymentdate，the buyer should pay to the seller（this ratio cannot lessthan the rates in（1）)default fine according

22、to the overdue date.The overdue payment in this article refers to the balance between6th article due payment and actual effected payment;for installmentpayment,it should be decided by the balance between due installmentand actual payment。2。Article 8 Delivery deadlineAccording to the states and local

23、 government regulations,theseller should handover the commercial residential building，whichpossess the belowconditions,as stipulated by the contract,to thebuyer before1。This commodity residential building is inspected to be qualified。2.This commodity residential building is comprehensivelyinspected

24、to be qualified。3。This commodity residential building is installment inspected tobe qualified.4。This commodity residential building obtained the approvaldocuments of commercial residential handover for usage。5。But in case of the following exceptional reasons，except for bothparties agree the terminat

25、ion or alternation of contract,the seller canprolong the deadline as per actual fact。1.Encountered with majeure,and seller informed the buyer withindays after the majeure occurs;2；3。.Article 9 Responsibility of delay in handover apartmentExcept for the special cases stipulated in article8,if the sel

26、lercannot handover the apartment to buyer in the stipulated schedule inthis contract,the buyer should be treated in the followingmode:1.According to the overdue time，the seller should be treatedseparately(not be accumulated)（1）For overdue date less thandays，from the 2nd day ofdeadline stipulated in

27、article 8 to the actual deliver day,the sellershould pay _%default fine of the already effected payment,thiscontract will be performed continuously。（2)For overdue date more thandays,the buyer can terminatethe contract。In this case,the seller should return all the paymentwithindays after the date of

28、termination，and pay _%default fineof the already effected payment.If the buyer requests continuouslyperform the contract，this contract will be performed continuously。From the 2nd day of deadline stipulated in article 8 to the actual deliverday,the seller should pay the buyer(this ratio cannot be les

29、sthan the rates in 1）of the already effected payment2。Article 10 Agreement on the planning and designingArticle 10 Agreement on the planning and designingvariationvariationThe planning and designing variation agreed by government ordesigning organization，which affects the commodity residentialqualit

30、y and usage of buyer,the seller should send written notification tothe buyer within 10 days after the approval upon the related authority：（1）The construction,layout,space dimension,orientation；（2）；（3）；(4）；(5）;(6)；（7）。The buyer has the rights to reply in written words regardingwhether to cancel the o

31、rder within 15 days after receiving the notice。If the buyer didnt cancel the order within 15 days after receiving thenotice,it will be regarded as acceptance to the variation。If the sellerhasnt noticed the buyer within stipulated time,the buyer has rights tocancel the order。If the buyer cancel the o

32、rder，the seller must return the effectedpayment within _days after the request is made,and also pay theinterests according to.If the buyer doesnt cancel the order,he orshe should sign supplementary agreement with the seller。.Article 11 HandoverArticle 11 HandoverWhen the residential commodity meets

33、the usage condition,theseller should send written notification to the buyer to make handoverprocedure.During the handover,the seller must issue the proofdocuments stipulated in article 8,and sign the residential handoversheet。For the residential which belongs to habitation，the seller alsoneed to pro

34、vide the habitation quality guarantee and habitationusage instructions。If seller fails to issue the above documents orissue incomplete documents,the buyer has rights to refuse acceptingthe handover;delay caused by this case will shall be bear with theseller。For the delay handover caused by the buyer

35、,both parties agreed tomanage as below：。Article 12Article 12 seller must ensure the residential sold without propertyrights and creditors right disputes.Unable to make property rightsregistration or occurrence in disputes,the responsibility must be bornby the seller.。Article 13 Seller breach of Deco

36、rative equipment standardsArticle 13 Seller breach of Decorative equipment standardspromisepromiseThe decorative equipment standards handover by the seller shouldmeet the standard agreed by both parties（Appendix 3）.If not achievethe standard,the buyer has the rights to manage according to thefollowi

37、ng _mode.1。The seller compensates the decorative equipment in doublebalance of the different.23。Article 14 Promise of seller on the normal usage ofArticle 14 Promise of seller on the normal usage ofinfrastructureinfrastructure，public affiliated equipmentspublic affiliated equipmentsThe seller promis

38、e the following infrastructure,affiliatedequipments directly relates with the normal usage of this residentialachieve the usage condition according to the below date：1;2；3；4;5。If on the stipulated date does not meet the conditions of use，theparties agree as follows:1;2；3。Article 15 Agreements on the

39、 property rights registrationArticle 15 Agreements on the property rights registrationThe seller should submit the related documents requested formaking property rights registration to the residential administrationdept and make the procedure indays after handover.If the buyercannot get the registra

40、tion proprietary certificate in time caused by theseller，both parties agree to treat in the followingmode:1.The buyer cancels the order,the seller must return the effectedpayment within xx days after buyer raised the requirement,andcompensate the buyer with%of the effected payment.2.The buyer does n

41、ot cancel the order,the seller should pay thedefault fine with of the effected payment。3。Article 16 Repair guarantee responsibilityArticle 16 Repair guarantee responsibilityFor the buyer who buy commodity residential，the residentialquality guarantee will be affixed to this contract.The seller will s

42、tandthe repair responsibility according to residential quality guaranteefrom the handover day.For the buyer who buy commodity property id nonresidential，both parties should make supplemental agreement as appendix of thiscontract which stipulates the repair scope,deadline,and responsibility.For the p

43、roblems happened within the repair scope,deadline，theseller should perform the repair.For the majeure or damaged notcaused by the seller，the seller will not stand the responsibility，butcan assist for the repairing,the buyer shall bear the repair fee。Article 17 Both parties can stipulates the followi

44、ng:Article 17 Both parties can stipulates the following:1。The usage of the residentialroofing；2The usage of the residential externalwall；3The naming right of the building of thisresidential；4The naming right of the community of thisresidential;5;6。Article 18Article 18 The buyers house can only be us

45、e asl,the buyercannot change the main structure，partition structure and usageduring the usage.Except for additional stipulated in the otherattachment in contract，the buyer has the rights to share the publicarea and infrastructure with other people with the rights,and bear theduty according to land a

46、rea occupying and public shared area。The seller cannot change the performance of the public area andinfrastructure。.Article 19 Disputes SettlementArticle 19 Disputes SettlementDisputes in the Course of Contract Fulfillment,shall be settledthrough consultation among parties concerned，if fail to consu

47、ltations，and can be settled by the way of following mode:1、Submitted for arbitration commission of。2、Bring a suit in the peoples court in accordance with law。Article 20 What is left unmentioned in the contract,bothArticle 20 What is left unmentioned in the contract,bothparties should sign a compleme

48、ntary agreementparties should sign a complementary agreement。Article 21Article 21 Complementary agreement has the same legalefficiency with the contract。The words wrote in blank part have thesame legal efficiency with print words on this contract and its appendix。Article 22Article 22 The contract an

49、d its appendix contain are totalpages,in,has the same legal efficiency,the contract holdingsituation include the followings：Sellercopies，Buyercopies,copies,copies。Article 23Article 23 This contract shall become valid on the date of bothparties signed。Article 24Article 24 In case of the commodity hou

50、se is on presold,within30 days after this contract become valid,the seller shall report tofor record registration。Seller（Signature)【Legal representative】：【Entrusted agent】：Vendee(Signature)【Legal representative】：【Entrusted agent】：Bank：Account No。：Telephone：Postcode:Location：Date:Bank：Account No。:Tel