Contract
Vendee：
[ Myself]【Legal representative】 Name：
【ID card】【 Passport】 【Business license registration number】【 】Address：Zip code： Telephone：
【Entrusted agent】【 】Name： Nationality: Address：Zip code： Telephone：
According to the《People's Republic of China Law of contract》, 《People's
Republic of China City Real estate Control law》 and other relevant laws
and regulations，The vendee and seller should be base on the equality,
voluntarily, Consults unanimously foundation to reach the following
agreements about buy and sell the commodity apartments 。
Article 1Project construction basis 【contract number for granting of land-use right 】【document number for
allowing and authorizing of land-use right】【document number for transferring
and authorizing of land-use right】This land area is age is limited from to By approving of seller, construct the commercial residential houses in the
above land parcel, 【present name】,【 temporary name 】
, the builder’s permit
licence number is
Article 2Residential basis.
The residential is 【completed apartment】【the selling apartment in
advance】,the total
total area is ,the buyer has already Purchased
of presale fund specified account is ,
.
Article 3 fundamental state of vendee’s commercial residential building.
vendee’s commercial residential building(hereinafter referred to as the
commercial building, the house plan is specified in appendix 1 to the contract,
room number is bases on the appendix 1 details )which stipulated in the first
article of the contract is:
【tents】（）specific house number is
unitlayer】Commercial building’s use which is approved by planning department is
_㎡，there are ㎡，__㎡.
The balcony of this apartment is [sealed] or [not sealed].
as [stipulated on contract]
or [property registration]. The Usable Area ㎡, with Public area to be
( refer to the attachment2 for Public area to be shared
construction explanation )
Article 4 Valuation Mode & price /㎡According to the Usable area, the unit price of this apartment /㎡According to the Usable area, the unit price of this apartment /㎡should subject to the related regulation of [opinions on the
strengthening of commercial residential building presale capital supervision,
and issue the [commercial residential building presale receipts notification]
from Yantai residential administration bureau. The buyer transfer the capital to
the designated bank directly, the seller cannot get the presale capital directly.
5.
Article 5 Area confirmation& difference treatment
According to the valuation mode which interested parties choosed, this article
stipulates the area confirmation&difference treatment according to [building
area][usable area]( hereinafter called area for short).
This article does not apply to the interested parties which charge the apartment
by set.
The property registration area will be subject to the surveying and drawing
report issued by qualified mapping unit designated by residential
administration dept.
For any differences in contracted area& registration area, the registration area
will be taken as the standard.
After the apartment is transferred to the buyer, for any differences in contracted
area& registration area, which was not stipulated in the contract, both parties
will agree to manage according to the following principle: charge as per actual
area, Return the overcharge and demand payment of the shortage on the
prepaid capital.
the absolute value difference is within 3%( include 3%), the charge will be
according to actual amount.
the absolute value difference is exceeds 3%( include 3%), the buyer has
rights to cancel the order.
For the buyer who cancel the order, the seller must return the money to buyer
within 30days after buyer make the order cancel application, and pay the
For the buyer who will not cancel the order, if the registration areas is within
3%(including 3%) bigger than contracted area, the exceeded amount shoud be
supplemented by the buyer; for the case which is more than 3%, the exceeded
amount should be born by the seller, the property rights belongs to the buyer. If
the registration areas is smaller than contracted area, the area ratio is within
3%((including 3%), the exceeded amount must be returned to the buyer; the
amount which are more than 3%
must be doubled and return to the buyer. This
article is not applicable.
Area tolerance ratio=( registration areas- contracted area)/ contracted
areaX100%. This article is not applicable.
The difference caused by the design modification, which both parties does not
terminate the contract, buyer and seller should sign complementary agreement
of contract.
Article6 payment& deadline
nd1. Full Payment
2. installment payment
rs
Article7 the Breach of contract responsibility for overdue payment
If the buyer cannot effect the payment in the stipulated time, he or she will be
ndnd due payment date to the
actual payment date, the buyer should pay to the fine
according to the overdue date, the contract will continue to be performed.
2) If the overdue date is exceeds__days, the buyer has the rights to terminate
the contract. If so, the buyer should pay to the fine
according to the overdue date, the contract will continue to be performed, from
the 2nd due payment date to the actual payment date, the buyer should pay to
to the overdue date.
The overdue payment in this article refers to the balance between 6th article
due payment and acutal effected payment; for installment payment, it should
be decided by the balance between due istallment and actual payment.
Article8 handover deadline
According to the state’s and local government regulations, the seller should handover the commercial residential building, which possess the below 1
1. this commercial residential building is inspected to be qualified.
2. this commercial residential building is comprehensively inspected to be qualified.
3. this commercial residential building is installment inspected to be qualified.
4. this commercial residential building obtained the approval documents of commercial residential handover for usage.
But in case of the following exceptional reasons, except for both parties agree the termination or alternation of contract, the seller can prolong the deadline as per actual fact.
1. encountered with majeure, and seller informed the buyer within 30 days after the majeure occurs;
2. the seller caused the project cannot be finished on time because of non-controllable reasons.
3. If the delay is because of the above cases, this article is also applicable.
Article9 responsibility of delay in handover apartment
Except for the special cases stipulated in article8, if the seller cannot handover the apartment to buyer in the stipulated schedule in this contract, the buyer should be treated in the following 1st&2nd mode:
1. According to the overdue time, the seller should be treated separately( not
be accumulated)
1) For overdue date less days, from the 2nd day of deadline
stipulated in article8 to the payment day, the buyer should pay _____% default fine of the already effected payment, this contract will be performed continuously.
2) For overdue date more days, the buyer can terminate the
contract. In this case, the seller should return all the payment within 30days after the date of termination, and pay __2___% default fine of the already effected payment. If the buyer request continuously perform the contract, this contract will be performed continuously. from the 2nd day of deadline stipulated in article8 to the payment day, the rates in 1) )of the already effected payment
