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Real estate distribution contract
Real estate distribution contract (I) Party A:
Address: Representative:
Party B:
Address: Representative:
In order to open up the sales market of real estate projects other than xx, Party A and Party B, through friendly negotiation, agree to be represented by Party B, and on the principle of mutual benefit, reach the following agreement for both parties to abide by.
Article 1 Authorization and Commitment
During the validity period of this agreement, Party A designates Party B as one of the designated partners of the property and area mentioned in Article 2 of this agreement.
Article 2 Party A is located in the entrusted property (hereinafter referred to as "the property"). Now Party B is entrusted to sell the property as an agent (non-exclusive) and be responsible for the sales of the property in Qinghai. The agency area of this agreement is: (hereinafter referred to as "the area"), and the agency authority is general.
Article 3 Term of Cooperation
1. The cooperation period of this agreement is one year, from year to year. 3 days after the expiration of this Agreement, if neither Party A nor Party B proposes to terminate this Agreement in writing, the agency period of this Agreement will be automatically extended for 3 months. After the expiration of the agreement, if Party B's real estate sales are good, Party B has the priority to renew the contract.
2. During the effective agency period of this agreement, both parties shall not unilaterally terminate this agreement except in case of breach of contract.
Article 4 Relevant charging standards
1. Party A shall pay Party B a service fee of 4% of the transaction amount of Party B's customers.
2. Party A is responsible for reimbursing Party B for the air ticket expenses of the clinched customer, and the air ticket amount is XX yuan/set, which will be directly deducted from the customer's house payment and will not be settled in cash.
Article 5 Payment method of service fee
1. If Party B's customer mortgages the house, after the customer signs the commercial house sales contract and pays the down payment, Party A shall settle the service fee equivalent to the down payment of the house to Party B; After the purchaser goes through the bank mortgage formalities and the bank pays the mortgage loan, Party A shall settle all the service fees of the house to Party B..
2. If Party B's customer buys a house by lump sum payment, Party A shall pay all the service fees payable for the house to Party B after paying the house price in the Commodity House Purchase and Sales Contract.
3. Before the 5th day of each month, Party A and Party B shall calculate the total transaction volume of the last month in the form of statements (the transaction will be deemed completed after the customer signs the commercial housing sales contract and pays the down payment), and then settle the service fee payable to Party B according to the transaction volume.
Article 6 Party A's responsibilities
1. Party A must provide Party B with true and valid copies of all relevant documents related to the legal operation and sales of this project. Within three days after the signing of this agreement, Party A shall provide Party B with the above documents and materials. If it is a copy, it should be stamped with the official seal of the company.
2. Party A shall provide Party B with the latest price list and the terms and conditions for trading the property. Party A and Party B must agree that the transaction unit price of the property for sale in the same period is the same. If Party A needs to adjust the transaction unit price of the house, it must notify Party B in writing seven days in advance, and ensure that both parties adjust the price simultaneously.
3. Party A shall provide relevant professionals of the property to conduct professional training for Party B's personnel on the property, which can be conducted in writing, by telephone or directly on site. Party A designates a special person to be responsible for the coordination and contact with Party B's daily business work.
4. Party A shall abide by all terms and conditions of the agreement documents and legal documents signed with the customers recommended by Party B, and bear relevant responsibilities independently. In case of disputes with customers, Party A shall bear all the responsibilities independently; Party A must provide true and effective relevant documents. If there is any falsehood, Party A shall bear relevant legal responsibilities.
5. Party A shall actively cooperate with and assist Party B to complete various reception procedures such as visiting, purchasing, signing and collecting money for the house purchasing group in Party A's project, and ensure the quality of on-site reception.
6. Party A shall promptly and transparently assist Party B to do all kinds of cooperation work in the sales process and confirm the customer attribution performance.
7. Party A shall pay relevant expenses to Party B on time according to the provisions of this Agreement.
8. Party A's personnel shall not disclose the cooperation relationship and cooperation contents between Party A and Party B's customers in any way, let alone make a deal with customers privately and recommend their own or friends' real estate, commercial land and other matters unrelated to your real estate, and shall avoid all matters that may harm Party B's interests.
9. Party A shall, according to the requirements of Party B, provide the saleable type and room number information of the house every week, so as to promote the sale of the house as much as possible.
Article 7 Responsibility of Party B
1. Set up a professional real estate sales team, with a special person responsible for organizing the publicity of the real estate agreed in this agreement in the agency area and organizing a house purchasing group. If Party B's personnel responsible for selling Party A's property are unprofessional due to customer complaints or Party A's investigation, Party A has the right to ask Party B to replace them in time.
2. Complete the preliminary organization and preparation of the house purchasing process, and confirm the list and number of house purchasing groups by fax before they arrive at Party A's project to see the house. Party A shall send it back for confirmation in time and be responsible for handing over the original to Party B within 3 days.
3. According to the conditions agreed by both parties, during the entrustment period, carry out advertising, distribute promotional materials and sales brochures, carry out multi-channel activities, and recommend the purchase of Party A's project property in various forms.
4. Party B shall not make any promises beyond the authorization of Party A to the house buyers, and the relevant legal responsibilities shall be borne by Party B..
5. Party B shall truthfully introduce the project to customers according to the characteristics and conditions provided by Party A, and try its best to promote the project, and shall not exaggerate or conceal it.
6. Party B shall designate a special person to be responsible for the coordination and contact with Party A's daily business work, and do a good job of transaction follow-up after house inspection.
7. Party B shall report the sales progress regularly and provide the sales report to Party A every week.
8. Party A's sales strategy and sales control, etc. Be regarded as a trade secret. Without the written consent of Party A, Party B has the obligation to keep it confidential and promises not to tell a third party. In case of leakage, Party A has the right to investigate Party B's responsibilities according to relevant national laws and regulations.
Article 8 Definition of attribution of sales performance
Party A and Party B shall follow the principle of good faith and mutual benefit, and the attribution of performance shall be based on the first registration confirmation received by Party A, and the mutual confirmation of the first fax customer list shall be the verification basis. If it is confirmed that customers (including Party A's affiliated customers and internal customers) have been successfully organized by Party B, the performance will be owned by Party B; If this agreement cannot be completed within the validity period due to Party A's reasons, but the final customer still reaches a deal, the performance shall be owned by Party B. ..
Article 9 Termination and Modification of the Agreement
1. If both parties agree to terminate this Agreement upon its expiration, both parties shall make joint efforts to properly handle relevant matters after the termination of this Agreement and solve legal and economic matters related to this Agreement. Once this agreement is terminated, the contractual relationship between both parties will be terminated, and Party A and Party B will no longer bear any economic and legal responsibilities for each other.
2. If one party terminates this agreement unilaterally, it shall notify the other party in writing 65,438+0 months in advance, and Party A shall settle Party B's agency commission in one lump sum within 7 working days before the termination of this agreement, and Party B shall hand over all documents and materials of this project to Party A within 7 working days before the termination of this agreement, without any originals or copies.
Article 10 Liability for breach of contract
1. In case of violation of the agreement or deliberate concealment or delay, it shall compensate the other party for its losses.
2. If Party A fails to pay the fees agreed in this agreement to Party B, Party A shall compensate 0.5% of the payable amount for each day overdue. Give it to Party B.
3. Regarding the definition of performance attribution, if it is found that there is intentional concealment, the breaching party shall pay the other party a penalty of 2 times the commission payable.
4. If Party A discloses the cooperation relationship or cooperation content with Party B to Party B's customers, which leads to the failure of Party B's customers to complete the transaction, it is verified through verification. Party A shall pay Party B a penalty of 2 times the commission payable.
5. If Party B's sales receptionists and other relevant personnel make blind exaggerations or other false introductions to customers, Party A has the right to pursue their legal responsibilities. Once found, Party A has the right to terminate the agreement unconditionally and ask Party B to refund all the fees paid to Party B. ..
Article 11 Other matters
1. This agreement is made in duplicate, one for each party, and shall come into effect after being signed and sealed by the representatives of both parties.
2. For matters not covered, a supplementary agreement can be signed with the consent of both parties, and the supplementary agreement has the same legal effect as this agreement.
In case of any dispute during the performance of this contract, both parties can settle it through negotiation; If negotiation fails, either party may bring a lawsuit to the people's court where Party A is located.
note:
1. In the first three days of each month, Party A shall designate a special person to send this month's discount, price, sales control fax or qq to Party B so that Party B can sell it!
2. Party A shall send a special person to contact Party B, and notify Party B in time if there is any personnel change!
3. When Party A sells to Party B's customers on site, it is necessary to synchronize the same price and discount!
Party A: Party B:
Representative of Party A: Representative of Party B:
Date of signature: 2000.
Real estate distribution contract (II) Party A (the entrusting party):
Party B (Trustee):
Through friendly negotiation, both parties reached the following terms:
I. Address and price of real estate
1, attribute name:
2. Hotel address:
3. The property form of this property is: the total area is square meters, the construction period is years, and it will be developed by stages. The property is located at.
The sales price of the above property units shall be determined by Party A, subject to the unified price of Party A;
3. If the selling price and payment method of the above-mentioned property change, Party A shall promptly notify Party B in writing, and Party B shall abide by it.
Second, the entrusted agent and time limit
1. Party A entrusts Party B as the distribution agent;
2. Party B's agent is a non-exclusive agent, and Party A has the right to entrust other agencies to engage in the distribution agency of the house;
3. The term of this contract is from year to year. Within ten days before the expiration of this contract, if neither party raises any objection, the agency period of this contract will be automatically extended for three months.
Third, customer confirmation
1. The customer introduced by Party B to Party A must fill in the Customer Confirmation Sheet (see Annex 1 for details), which will take effect only after being signed or confirmed by the person in charge of Party A or the person in charge of the site (). This confirmation is made in duplicate, one for each party.
2. Party B's customers and other people associated with Party B's customers (the way to determine Party B's associates is subject to the customer confirmation form) are regarded as effective customers under this contract.
3. Party A has the obligation to confirm the customers shown by Party B in time. If Party A fails to produce written evidence of objection when Party B shows it to the customer, it shall be deemed that Party A agrees to confirm the customer.
Four. Commission and payment
1. commission amount: Party B's agency commission is 65438+ 0% of the total transaction amount of sets sold;
2. Payment method of commission: settlement by set and settlement by set. The specific payment method is as follows:
(1) If the customer introduced by Party B purchases the property without a loan, Party A shall pay the commission in full within 7 days after the customer pays 100% of the house price;
(2) If the customer introduced by Party B purchases the property by loan, Party A shall pay the commission in full within 7 days after the customer's loan is approved;
3. The deposit confiscated due to the customer's breach of the deposit contract shall be divided 50/50 between Party A and Party B. ..
4. If Party A fails to pay the commission on time without justifiable reasons, Party B has the right to charge Party A a penalty of three thousandths of the amount. The late payment fee shall be calculated from the last day of payment by Party A. ..
Verb (abbreviation of verb) dispute settlement
1. Disputes arising from the performance of the contract can be settled through friendly negotiation. If negotiation fails, a lawsuit may be brought to the people's court where the contract is signed.
Intransitive verb sales contract
1. The deposit paid by the customer introduced by Party B shall be collected by Party A or the descendants authorized by Party B. ..
2. After Party A signs a formal sales agreement with the customers introduced by Party B, it is deemed that Party B's agency has been successfully completed.
3. After the transaction is completed, Party A shall handle the relevant transaction procedures, and Party B shall provide necessary assistance.
Seven. Party A's responsibilities
1. Party A shall ensure that the real estate entrusted to Party B meets the legal sales conditions, and provide relevant certificates and materials to Party B and its effective customers, including but not limited to the copy of the real estate license, the copy of Party A's business license, the floor plan of each independent unit, the sales area, the decoration standard and other relevant materials required for the sale of the real estate, including the effect map, floor plan, geographical location map, area, specifications and price.
2. Party A shall actively cooperate with the customers provided by Party B and keep the quotations consistent. Party A confirms that the customers introduced by Party B are equal to those of Party A..
Discount. (Party A shall provide the sales control table as an annex to this agreement)
3. The staff of Party A shall not bring customers to Party B to submit any marketing work about the sales office (such as business cards and building books). If Party A signs a formal sales agreement with the customer privately, Party A shall still pay the commission to Party B as agreed in this contract.
4. If more than one customer intends to buy the same house, Party A shall sign a formal sales agreement with the customer who paid the deposit first.
5. Party A shall keep confidential the customer information introduced by Party B. ..
6. Party B has the right to renew the contract with the customers who are still negotiating within 10 days before the expiration of this contract. Party A shall cooperate with Party B to sign the renewal agreement in time.
Eight. Party B's responsibilities
1. Assist Party A to make a more effective sales plan.
2. During the term of this agreement, if Party B publishes the above-mentioned property advertisements in newspapers, media advertisements and window, it must be confirmed and authorized by Party A in writing, and the expenses shall be borne by Party B. However, Party A shall provide basic sales materials, posters and kanban design drafts.
3. Without the notice that Party A agrees to change the sales price of the house, Party B shall not change the sales price of the house without authorization, otherwise, Party B shall compensate Party A for the losses suffered.
4. Party B shall cooperate with Party A to complete the signing of formal sales agreement and bank loan contract with the customers introduced by Party B, and assist Party A to negotiate with the customers introduced by Party B. ..
5. Party B shall keep confidential the relevant business secrets of Party A that are known in the sales process.
Nine. responsibility for breach of contract
1. Both parties agree that Party A will not pay the agency commission agreed in Article 4 of this contract in case of any of the following circumstances:
1. 1 Party B cannot provide signing opportunities during the entrustment period;
1.2 Change the contents, conditions and requirements listed in Article 1 of this contract without the written consent of Party A;
1.3 party b violates the relevant laws and regulations of the state and this municipality and maliciously colludes to harm the interests of party a. ..
2. Party A and Party B agree that under any of the following circumstances, Party A shall pay the agency commission agreed in Article 4 of this contract in full (unless Party A can separately provide the transaction price of the sales contract, and the transaction price shall be calculated according to the entrusted price listed in the sales control table) as liquidated damages;
2. 1 Party A falsely entrusts or provides false certification materials, which ultimately leads to Party B's failure to perform agency services;
2.2 During the entrustment period, Party A conducts transactions with customers (including related parties) introduced by Party B privately, and if it conducts transactions with customers introduced by Party B six months after the entrustment period expires, it is deemed that Party B has completed the agency task;
2.3 If Party A fails to perform Party A's obligations stipulated in this contract on time, including failing to pay Party B's agency commission on time, the overdue period is more than 1 month;
X. Applicable law and jurisdiction
This Agreement shall be governed by the laws of People's Republic of China (PRC). Any dispute arising from the conclusion, entry into force, performance, interpretation and termination of this Agreement shall be settled through friendly negotiation first. If no settlement can be reached through friendly negotiation, a lawsuit shall be brought to the court with jurisdiction where the project is located.
XI。 Entry into force and effectiveness
1. This agreement shall come into effect immediately after being signed by both parties.
2. This agreement is the official text confirming the rights and obligations of both parties. If the contents of the agreement negotiated before the entry into force of this agreement are inconsistent with this agreement, this agreement shall prevail, except for the fulfilled part.
3. This contract is made in quadruplicate, with Party A and Party B holding two copies respectively, all of which have the same legal effect and are valid with seal.
Party A: Party B:
Representative: representative:
Address: Address:
Tel: Tel:
Postal code:
Signature: signature:
Date of signing: Date of signing:
Real estate distribution contract (III) Party A: (developer)
Address: Tel:
Party B: (agent of the whole case)
Address: Tel:
Party C: (Distributor)
Address: Tel:
In order to better sell and promote the project (hereinafter referred to as the project), through friendly negotiation among Party A, Party B and Party C, Party A agrees that Party B entrusts Party C to use its own sales channels for distribution? ? On the basis of good faith and mutual benefit, the following terms of the agreement are reached for the three parties to abide by and implement together.
Rule number one. Content and scope of entrustment
Party A agrees that Party B entrusts Party C to be located in Sanya Bay, Sanya City, Hainan Province? Margaret. Project (hereinafter referred to as? This project? ) Building 2 provides delivery service. Party C is one of the distribution partners of this project, and Party B has the right to entrust other units or individuals to provide distribution services at the same time.
Article 2. Entrustment period
The validity of this agreement shall be from the date of signing and sealing this agreement to the date of 20 years. If the parties have no objection at the expiration, they will be renewed separately.
Article 3. Confirmation of customer performance of distribution agents
1. Party C shall fax the customer's name, telephone number, number of people and other information to Party B for confirmation before organizing the house purchase. If Party C is unable to fax the written customer list due to special circumstances, Party C can inform the marketing director of Party B of the customer information by telephone or SMS before the customer arrives at the sales center; After receiving the information of Party C's house-checking customers, the person in charge of marketing of Party B shall sign it in time and reply to Party C for confirmation.
2. The customer list provided by Party C is valid for three months. If the customers on the list fail to book or sign the contract within three months, the list will automatically become invalid, which will not be used as the basis for confirming the distribution performance of Party B's customers, and will not enjoy the commission. If Party C confirms the list in writing after three months, the list will remain valid.
3. After the customer provided by Party C clinches the deal, the customer will introduce new customers and finally reach a new house transaction. The new customer will still be regarded as the customer recommendation of Party C, and both parties will still pay the settlement commission as agreed.
Article 4. Criteria for defining customer ownership
1. The distribution of customers is the first. Two or more distribution agencies send customer information to this project, and the customer is the same person. The customer ultimately belongs to the distribution organization that brings the customer to the website.
2. If two or more distribution agencies send customer information to this project, and the customer visits by himself (without the company of the dealer), the customer belongs to the first distribution agency that sends customer information.
3. If the customer belongs to the same family (immediate family: including parents, children and husband and wife), but the family members have been brought to the project site by the distribution agencies of different companies, and the customer registration is within the validity period, the ownership of the customer after the transaction shall be subject to the owner's name in the commercial housing sales contract, and the customer belongs to the distribution agency that brought the customer to the site for the first time; If there are multiple owners' names in the commercial housing sales contract, and the customer belongs to the first dealer among the owners who brought the customer to the site, Party A only needs to pay the agency fee to the dealer to which the customer belongs.
Article 5. Distribution commissions and travel subsidies
1. distribution commission: the transaction distribution commission of Party C's customers in this project is accrued at 2%.
2. Tour subsidy: If the dealer outside the island shows the customer around the project at the first stop (subject to the arrival time of the ticket of the dealer and the customer), our company will receive it as soon as possible and give it on-site confirmation in time. If the customer fails to make a deal, the team leader will give the one-way ticket subsidy to the customers with less than 5 groups; For customers with more than 6 groups, the tour guide will be subsidized for round-trip air tickets (all above are limited to 1 tour guide, which will be reimbursed by the current flight ticket, only in economy class).
Article 6. Commission settlement
The distribution commission of Party C shall be settled once a month. Party C shall submit the settlement list that meets the settlement standards to Party B before 5th of each month, and Party A shall pay it to Party B before 10 of each month after both parties check it.
Party C; When Party A pays the sales commission to Party C, Party C shall provide Party A with a formal invoice including tax.
If the customer regrets signing the formal commercial housing sales contract (pre-sale), Party C shall refund the commission paid by Party A in full within 10 working days after Party B's written notice, and handle the check-out formalities for the customer. Party C's performance shall be settled truthfully. If there is fraud, the commission for the current month will be confiscated in part or in whole depending on the seriousness of the case. If the case is particularly serious, the contract will be terminated and the corresponding losses will be compensated. The settlement criteria are as follows:
(1) Installment payment customer: After the customer signs the Commodity House Purchase and Sales Contract and pays 100% of the house price, Party A will make a one-time settlement to Party C and pay 100% of the distribution commission.
(2) Mortgaged customer: The customer signed a commercial house sales contract with Party A and paid the down payment. After the customer signs the Mortgage Contract with the bank, the bank will arrive at Party A's finance according to the actual loan notification document of the Mortgage Contract, and Party A will settle it in one lump sum and pay Party C 65,438+000% of the distribution commission. ..
(3) One-time payment customer: After the customer signs the Commodity House Purchase and Sales Contract and pays 65,438+000% of the house price, Party A will settle the account with Party C at one time and pay 65,438+000% of the distribution commission.
Article 7. Rights and obligations of both parties
1. During the cooperation period, Party A and Party B shall try their best to assist Party C to carry out the work, and provide Party C with the required project materials (stamped with Party A's official seal), relevant sales and project progress materials, and project sales materials, including sales brochures and leaflets.
2. Formulate the overall sales plan and stage plan of the project, and formulate the project price, stage discount policy and incentive mechanism; Party B has the right to adjust the price, and Party B shall feed back the price adjustment information to Party C in time. ..
3. Party A and Party B shall ensure that the project is consistent with Party C in terms of price, sales control, discount and promotion. , shall not conceal or deliberately delay the listing information from Party C, and the group purchase shall be discussed separately.
4. Party A and Party B shall actively cooperate with and assist Party C to complete the reception procedures such as airport pick-up and drop-off, visit, purchase, contract signing, collection and so on, and ensure the quality of on-site reception.
5. Assist in training the sales team of Party C; Assist Party C to preside over the sales activities planned and organized by this project.
6. Party A and Party B shall promptly and transparently assist Party C to do all kinds of cooperation work in the sales process and confirm the performance of customer ownership; Party A and Party B shall designate a special person to be responsible for the coordination and contact with Party C's daily business.
7. Party A and Party B call Mr./Ms as the designated contact person for the distribution of this project.
8. Party A shall pay the distribution commission to Party C in time according to the provisions of this contract.
Article 8. Rights and obligations of Party C
2. Be responsible for publishing the information provided by Party A and Party B in Party C's own sales channels, and shall not engage in any other activities other than the real estate sold under this agreement in the name of Party A or charge any fees to customers in the names of Party A and Party B. Once found, the qualification of distribution agent shall be cancelled immediately, all unpaid commissions shall be confiscated, and the right to pursue them shall be reserved.
3. For the customers brought by Party C's promotion in its own sales channels, Party C has the obligation to assist Party A and Party B to sign contracts with customers, and Party C will not make any commitments beyond the authorization of this agreement for the customers who purchase houses, and will bear the legal responsibilities arising therefrom.
4. For the customers brought by Party C's promotion in its own sales channels, Party C shall complete the preparatory work for the arrival of customers, and organize the buyers to look at the house according to the scheduled time and place, and Party B shall actively cooperate. During the inspection, Party C shall be responsible for the customer's accommodation and other expenses.
5. Party C shall actively assist Party B to collect and collect the mortgage information and payment of the clinched customer.
6. Keep the sales policy of this project and the terms of this agreement confidential.
7. Party C appoints a special person, Mr./Ms., to be responsible for the coordination and contact with Party B's daily business work, and to do a good job in the follow-up transaction after the house inspection.
Ninth, the provisions of clean government
1. Party C and its staff shall not bribe or demand bribes from Party A, Party B's staff and Party A's relevant units, otherwise, if the situation is found to be true, Party C shall pay liquidated damages to Party A and Party B at 10 times of the amount of bribes or demands, and compensate Party A and Party B for any economic losses caused to them.
2. Where the staff of Party A and Party B ask for bribes from Party C or its staff, Party C or its staff shall refuse and report the situation to Party A and Party B; If it is found out that Party C or its staff accept bribes or bribes from Party A and Party B's staff, Party C shall pay liquidated damages to Party A and Party B at 10 times of the amount of bribes demanded or accepted, and compensate Party A and Party B for the economic losses thus incurred.
The above-mentioned bribery and bribery behaviors include but are not limited to the following situations: any party asks for or accepts kickbacks, gifts, securities, valuables, benefits, thank-you fees, etc. From the other side.
Article 10 Termination and Change of Contract
1. If one party terminates this agreement unilaterally, it shall notify the other party in writing 1 month in advance, and Party A shall settle the commission payable to Party C in one lump sum within 10 working days after the termination of this agreement.
2. A modified supplementary contract can be signed with the consent of the three parties, and its terms have the same legal effect as this contract.
Article 11 responsibility for breach of contract
If any party of Party A, Party B and Party C violates the provisions of this Agreement, the breaching party shall compensate the other party for the resulting economic losses.
Article 12 Dispute settlement: In case of contract dispute, it shall be decided by the arbitration department or the court where the project is located.
This contract is made in triplicate, one for each party. This contract shall come into effect after being signed and sealed by the three parties.
Party A (signature and seal): account name:
Representative Form of Party A: Bank of deposit:
Account number:
Party B (signature):
Representative of Party B:
Name of Party C's (signature) account:
Representative of Party C: Bank of deposit:
account number
Signing time: year month day
? More information is available at:
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