Can I apply for real estate license for commercial housing sales contract (pre-sale)?

With the rapid development of real estate economy, in order to meet the requirements of customers, the seller has formulated the pre-sale system of commercial housing. Then, can the commercial housing sales contract (pre-sale) handle the real estate license? In order to help you better understand the relevant legal knowledge, we have compiled the relevant contents. Let's have a look. 1. Can I apply for the real estate license for the commercial housing sales contract (pre-sale)? number

2. Model seller of pre-sale contract for commercial housing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Mailing address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Postal code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Business license registration number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Enterprise qualification certificate number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Legal Representative: _ _ _ _ _ Tel: _ _ _ _ _ _ _ _

Authorized Agent: _ _ _ _ _ Tel: _ _ _ _ _ _ _ _

Entrusted sales agency: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Mailing address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Postal code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Business license registration number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Buyer: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Legal representative and person in charge: _ _ _ _ _ Nationality: _ _ _ _ _ _ _

Id card passport business license registration number: _ _ _ _

Date of birth: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Mailing address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Postal code: _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _

Authorized Agent: _ _ Nationality: _ _ _ _

Id card and passport: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Date of birth: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Mailing address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Postal code: _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _

According to People's Republic of China (PRC) Contract Law, People's Republic of China (PRC) Urban Real Estate Management Law, Measures for the Administration of Urban Real Estate Transfer and other relevant laws and regulations, the Seller and the Buyer have reached the following agreement on the purchase and sale of existing houses on the basis of equality, voluntariness, fairness and consensus:

Article 1 Foundation of Project Construction

The Seller has obtained the state-owned land use right located in _ _ _ _ _ _ _ _ (the location of the state-owned land use certificate) by means of transfer or allocation. The state-owned land use certificate number of this plot is _ _ _ _ _ _ _ _

With the approval of the Seller, the approved place name of the commercial house built on the above plot is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Article 2 Pre-sale basis

The commodity house has been approved for pre-selling by _ _ _ _ _ _, with the pre-selling license number of _ _ _ _ _ _.

Article 3 Basic information

With the approval of the public security administrative department, the address of the Commodity House is _ _ _ _ _ _ _ _ _ _ _. The commodity house number is. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

The main building structure of the building where the commodity house is located is: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

The commercial house is used for residence, affordable housing, apartment, villa, office and business: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The clear height of storeys is _ _ _ meters, and the minimum clear height of sloping roofs is _ _ _ meters and the maximum is _ _ _ meters. The orientation of the Commodity House is: _ _ _; There are _ _ balconies, of which _ _ balconies are closed and _ _ balconies are not closed.

The property mapping agency entrusted by the Seller to predict the area of the Commodity House is _ _ _ _ _ _ _ _, and its predicted construction area is _ _ _ _ square meters, of which the interior construction area is _ _ _ _ _ _ square meters, and the shared construction area of ×× site and ×× house is _ _ _ _ _ _ _ _. See Annex II for the composition of the shared construction area of * * * site and * * house.

When signing the Contract, the construction progress of the building where the Commodity House is located is.

The height mentioned in this article refers to the vertical distance between upper and lower floors or between floors and the ground, and the clear height refers to the vertical distance from floors or the ground to the bottom of upper floors or ceiling.

Article 4 Mortgage situation

The mortgage related to the commodity house is: _ _ _ _ _ _ _ _ _ _ _ _.

1. The land use right shared by the commodity house and the project under construction is not mortgaged;

2. The land use right allocated by the commodity house has been mortgaged, with the mortgagee as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

3. The construction of the commodity house has been mortgaged, with the mortgagee as _ _ _ _ _ _, the mortgage registration department as _ _ _ _, and the date of mortgage registration as _ _ _ _ _.

Article 5 Pricing Methods and Prices

The Seller and the Buyer agree to calculate the price of the Commodity House according to the following Option.

1. Calculated according to the interior construction area, the unit price of the commodity house is RMB _ _ _ _ _ yuan per square meter, and the total price is RMB _ _ _ _ _ _ _.

2. Calculated according to the construction area, the unit price of the commodity house is RMB _ _ _ _ _ yuan per square meter, and the total price is RMB _ _ _ _ _ _ _ _.

3. Calculated according to the suite (unit), the total price of the commodity house is _ _ _ _ _ _ _ _ _ yuan.

4. Calculated by _ _ _ _ _ _, the total price of the commodity house is _ _ _ _ _ _ ten thousand yuan.

The construction area mentioned in this article refers to the horizontal projection area of the external wall (column) of the house above the footrest, including balcony, veranda, basement, outdoor stairs, etc. , and it is a permanent building with a solid structure and a height of more than 2.20m (including 2.20m).

The so-called interior construction area refers to the sum of the interior usable area, interior wall area and balcony construction area of a complete set of commercial houses (units).

Article 6 Area Confirmation and Area Difference Treatment

According to the pricing method selected by the parties, this article stipulates that the area shall be confirmed and the area difference shall be handled on the basis of the interior construction area (all referred to as area in this article).

If there is any difference between the area agreed in the contract and the registered area of property rights, the registered area of property rights shall prevail.

After the delivery of the commercial house, if there is any difference between the registered area of the property right and the area agreed in the contract, both parties agree to deal with it in the following ways:

(a) the absolute value of the error ratio is within 3% (including 3%), and the house price shall be settled according to the facts;

(2) When the absolute error ratio exceeds 3%, the buyer has the right to return the house.

If the Buyer cancels the house purchase, the Seller shall refund the payment made by the Buyer to the Buyer within 30 days upon the Buyer's cancellation of the house purchase, and pay interest according to the bank deposit interest rate for the same period.

If the Buyer refuses to return the house, and the registered area of property rights is larger than the area agreed in the contract, the house price with the area error ratio within 3% (including 3%) shall be made up by the Buyer; More than 3% of the house price shall be borne by the seller, and the property rights shall belong to the buyer. When the registered area of the property right is smaller than the registered area of the contract, the house price for the part where the absolute value of the area error ratio is within 3% (including 3%) shall be returned by the seller to the buyer; The absolute value of the house price exceeding 3% shall be returned by the seller to the buyer twice.

If the two parties do not terminate the contract because of the area difference caused by the design change, they shall sign a supplementary agreement.

Article 7 Payment Method and Term

The Buyer adopts the following method to make payment.

1, one-time payment.

2. installment payment.

3. Loan payment. The buyer can pay _ _% of the total house purchase price in the down payment, and the rest can be paid by borrowing from _ _ _ _ _ _ _.

4. Other ways.

Article 8 Planning Change Agreement

The seller shall build the commercial house according to the conditions stipulated in the construction project planning permit issued by the planning management department, and shall not change it without authorization.

If the seller really needs to change the conditions stipulated in the construction project planning permit, it shall obtain the written consent of the affected buyer and be approved by the planning administrative department. If the planning change causes losses to the buyer's rights and interests, the seller shall make corresponding compensation.

Article 9 Design Change Agreement

(1) With the approval of the design review unit entrusted by the planning management department, if the following design changes in the construction drawing design documents affect the quality or use function of the commercial house purchased by the buyer, the seller shall notify the buyer in writing within 10 days from the date when the design review unit approves the changes.

1. The structural form, apartment type, area and orientation of the commodity house;

2. Heating and heating mode;

If the seller fails to notify the buyer within the specified time limit, the buyer has the right to return the house.

(2) The buyer shall give a written reply on whether to reject the house within 15 days from the date of service of the notice. If the buyer fails to give a written reply within the time limit, it shall be deemed to have accepted the change.

(3) If the buyer cancels the house purchase, the seller shall refund the house price paid by the buyer within _ _ _ days after the delivery of the house purchase cancellation notice, and pay interest according to the bank deposit rate for the same period. If the buyer refuses to return the house, it shall sign a supplementary agreement with the seller separately.

Article 10 Liability for late payment

If the Buyer fails to make payment at the agreed time, the following Option _ _ shall apply.

1, according to the overdue time. ((1) and (2) do not add up)

(1) If the payment is late for less than _ _ _ _ _ days, the Buyer shall pay the Seller the penalty within _ _ _ _ _ days from the actual payment date, and the Contract shall continue to be performed;

(2) If the payment is late for over days (which shall be the same as the date in Item (1)), the Seller shall have the right to terminate the Contract. If the Seller terminates the Contract, the Buyer shall pay _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ If the buyer is willing to continue to perform the contract, the contract will continue to be performed with the consent of the seller. From the day following the agreed due date to the actual payment date, the Buyer shall pay the payables to the Seller on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

The term "overdue accounts payable" as mentioned in this article refers to the difference between the amount due and payable in accordance with the provisions of Article 7 and the amount actually paid in this period; If installment payment is adopted, it shall be determined according to the difference between the corresponding installment payment amount and the actual payment amount in the current period.

2、____________________________________________________。

Article 1 1 Terms and Conditions of Delivery

(1) The seller shall deliver the commodity house to the buyer before _ _ _ _.

Three. The record number of the commodity house purchase and sale (pre-sale) contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party A): _ _ _ _ _ _ _ _ _ _ _ _ _ _. : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. On the basis of equality, voluntariness and consensus, Party A and Party B reach the following agreement on Party B's purchase of commercial housing from Party A: 1. The commodity house purchased by Party B is located atNo. _ _ _ _ _ _ _ _ 3. Party A shall present the following documents to Party B 1. State-owned land use certificate, The serial number is: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ V. Method and time of payment. Party A and Party B shall adopt the following _ _ _ _ method. 1. Within _ _ _ _ days from the date of signing this contract, Party B shall pay off the house price in one lump sum, and Party A shall give Party B _ _ _% discount, that is, the paid house price is RMB. 2. Within _ _ _ _ _ _ days from the date of signing this contract, Party B shall pay the down payment of RMB _ _ _ _ _ _, and the balance shall be paid in _ _ _ _ _ _. 3. Party A and Party B agree on other payment methods or Party B's loan (mortgage) to purchase a house, and both parties make supplementary agreements on this. 6. If Party B fails to pay the house price as agreed in Article 5 of this contract, it is a breach of contract by Party B. Party A shall hold Party B liable for breach of contract according to the following agreement. 1. When this contract is terminated, Party B shall pay liquidated damages to Party A at _ _ _% of the house payment payable. If the actual economic loss of Party A exceeds the liquidated damages paid by Party B, the difference between the actual economic loss and the amount of breach of contract shall be compensated by Party B according to the facts. 2. If the contract continues to be performed, Party B shall pay liquidated damages to Party A according to _ _ _ _ _ _. 7. Party A shall deliver the commercial house that has passed the completion acceptance (including the quality acceptance of construction projects and the required comprehensive acceptance). 8. Before _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1. When this contract is terminated, Party A shall support Party B with _ _ _ _% of the house payment payable by Party B as liquidated damages. When the actual economic loss of Party B exceeds the liquidated damages paid by Party A, the difference between the actual economic loss and the liquidated damages shall be compensated by Party A according to the facts. 2. If the contract continues to be performed, Party A shall pay liquidated damages to Party B according to _ _ _ _ _ _. 9. If the difference between the area of the commercial house sold by Party A and the measured area of the property right supervision authority is within _ _ _ _% (inclusive), the house payment shall be settled according to the measured area; If the difference exceeds _ _ _ _ _ _% (inclusive), Party B shall handle it according to the following _ _ _ _ _ _ _ _ agreement. 1. When this contract is dissolved, Party A shall return the house payment paid by Party B to Party B within _ _ _ _ _ days from the date when Party B requests to dissolve the contract, and pay interest at the interest rate of _ _ _ _ _. 2. The Contract continues to be performed, and both parties agree on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. 10. During the development and construction of pre-sold commercial housing, if Party A adjusts or modifies the original design scheme, and if Party B has the following circumstances, it must notify Party B in writing to cancel the house purchase within _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ When the commercial house sold by Party A is delivered to Party B, the supporting environment and facilities of the commercial house must conform to the commitments made by Party A when selling the house and the agreements of both parties. The standards, maintenance responsibilities and quality requirements of the decoration, fitment and supporting facilities and equipment of the Commodity House must conform to the descriptions, regulations and commitments in the Annex Manual for Use of Commodity House and Certificate of Commodity House Quality. 12. After handing over the commercial house to Party B, Party A shall assist Party B to go through the ownership registration formalities with the real estate supervision department within _ _ _ _ _ _ _ _ _ _1. In case of termination of the contract, Party A shall return the house payment paid by Party B to Party B within _ _ _ _ days from the date when Party B requests to terminate the contract, and pay _ _ _% of the house payment paid by Party B as liquidated damages. If the contract continues to be performed, Party A shall pay liquidated damages to Party B according to _ _ _ _ _ _. Thirteen. When signing this contract, Party A and Party B shall sign the preliminary property management service agreement in accordance with relevant government regulations. 14. For matters not covered in this contract, Party A and Party B shall negotiate separately and sign a supplementary agreement. 15. This contract together with its annexes and supplementary agreement * * * _ _ _ pages shall be made in triplicate, and shall come into effect after being signed by both parties, with each party holding one copy, and one copy shall be reported to Chengdu Housing Property Supervision Office for the record, with the same legal effect. 16. Any dispute arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, both parties agree to settle the matter in the following _ _ _ _ _ _ _ _ _ _ _. 1. Arbitration Commission