Attic ownership sales contract

Research on attic ownership sales contract

Article 1: Attic Transfer Agreement Party A: Real Estate Co., Ltd.

Party B: Wang Li

Party A and Party B reached the following agreement on Party B's purchase of the attic of Yuanxi Apartment through negotiation:

1. Party A agrees to provide 1 set of "Yuanxi Apartment" attic (located in Building 1, 2-50 1).

Roof) is transferred to Party B, and the interior construction area of 2-60 1 suite of Building 65438 is about 87.72 square meters.

2. The total price of the attic is RMB (in words): one hundred and eighty thousand Yuan only (in figures:180,000.00 Yuan). The price does not include all taxes and fees. If all taxes and fees need to be paid, Party B shall bear them.

3. The attic does not handle the title certificate, but if the policy is adjusted in the future, it can handle the title certificate, and Party A will assist Party B to handle it, and the expenses will be borne by Party B. ..

4. The house is for residence, and Party B shall not change the structure and use without authorization. If Party B violates it, all consequences and safety responsibilities arising therefrom shall be borne by Party B. ..

5. This agreement shall come into effect after being signed by both parties, and has the same legal effect as the Commodity House Purchase and Sales Contract.

6. The final interpretation right of this Agreement belongs to Party A. ..

7. This Agreement is made in duplicate, with each party holding one copy.

Party A (seal) and Party B (signature)

Date: 20xx Date: 20 1 date

According to the Contract Law of People's Republic of China (PRC) and related laws, Party A and Party B reached an agreement through friendly negotiation on the basis of equality and voluntariness.

Party B voluntarily purchases all the houses owned by Party A and reaches the following agreement, which both parties shall abide by.

Article 1 The details of the house to be traded:

12, total construction area ㎡ (in words) ㎡ garage area ㎡ shared construction area ㎡ attic area ㎡, building structure, property ownership period, house use and purchase contract number.

Article 2 Transaction house price and payment method

1. The total knock down price of the house is: RMB (in words) ten thousand Yuan only. After the signing of this contract, the loan balance of Party A is RMB (in words) ten thousand Yuan only, and Party B pays RMB ten thousand Yuan monthly by bank mortgage. Party A actively cooperates with the formalities of renaming. After the signing and performance of this contract, Party A will not pay any fees related to the house.

Article 3 Tax and fee commitment

1. All expenses arising from house transaction, name change and first-hand real estate license under this contract, including transaction taxes and transfer.

All taxes and fees incurred shall be borne by Party B.

Article 4 Rights and obligations of both parties

1. Party A guarantees that it has the complete right to dispose of the house sold, which complies with relevant state regulations and there is no property right dispute.

Disputes over creditor's rights and debts. In case of disputes over the creditor's rights and debts of the house due to Party A's reasons, Party A shall bear all the responsibilities, return all the paid house price to Party B, and compensate Party B for all the losses and liquidated damages of RMB (in words) two hundred thousand Yuan only. Party B has the right to terminate the contract and pursue the legal responsibility of Party A..

2. Through negotiation between both parties, Party A will settle the water, electricity and other expenses on the delivery date.

3. After the real estate license can be handled, Party A shall actively cooperate with Party B to handle the formalities of handling, transferring and renaming the real estate license free of charge, and Party A shall keep the property.

Party A shall vacate the house and deliver it to Party B within 65,438+00 days after receiving the key. If Party A fails to cooperate with Party B to handle all formalities and deliver the house on time, Party A shall compensate Party B for liquidated damages of RMB 200,000 (in words) two hundred thousand Yuan only.

Article 5 Liability for breach of contract

1. If Party B fails to make payment according to the time stipulated in this contract, or this contract cannot be performed due to Party B's reasons, Party B shall pay Party A a liquidated damages of RMB 200,000.00 Yuan only (in words) two hundred thousand Yuan only.

2. If Party A fails to deliver the house within the time limit stipulated in this contract, Party A shall pay Party B a penalty of RMB 10,000 only.

3. If Party A fails to actively cooperate to transfer the house to Party B's name as agreed in this contract, Party A will voluntarily pay Party B RMB two hundred thousand Yuan as liquidated damages.

4. If Party B pays the mortgage to the bank on time, resulting in Party A's bad records such as loans overdue, Party B shall bear the corresponding responsibilities and pay compensation to Party A..

The corresponding loss is RMB 200,000.00 Yuan (in words) two hundred thousand Yuan only.

5. If Party B fails to actively cooperate with Party A to handle the transaction procedures of house ownership certificate as required, Party A has the right to terminate the contract and demand compensation for losses.

Lost.

6. Both parties shall not compensate each other for all losses caused by the failure to perform this contract normally due to irresistible factors such as natural disasters.

Don't blame each other.

Article 6 Ways to settle disputes

Disputes arising from the performance of this contract shall be settled by both parties through consultation; If negotiation fails, it shall be submitted to the local civil law according to law.

Court prosecution.

Article 7 For matters not covered in this contract, Party A and Party B may separately agree, and the supplementary agreement shall have the same legal effect as this contract after being signed by both parties.

Article 8 This contract is made in triplicate, one for Party A and Party B and the law firm respectively, with the same legal effect. This contract shall come into effect after being signed by both parties.

Remarks:

Party A: _ _ _ _ _ _ _ _ _ _ _

ID number: _ _ _ _ _ _ _ _ _ _ _

Address: _ _ _ _ _ _ _ _ _ _ _ _

Party B: _ _ _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Chapter III: House Sales Contract 1. Confirm the authenticity and validity of basic information.

(1) Validity of the house sold by the contractor: the real estate license, ID card and the contractor should be unified, if there are special circumstances.

Conditions, according to the notarized power of attorney with legal basis.

(2) The house address shall be filled in strictly according to the house address on the property ownership certificate, and no words shall be added or changed at will. Only real estate license

Or the address on the real estate license is the only legal address of the property recognized by law, and cannot be filled in according to the door number or the name of the community used to address it.

(3) The housing area should be filled in according to the area indicated in the property right certificate or real estate license. This area is the area measured by national professional institutions, which is also the area legally recognized as housing rights. Because some houses are courtyards, attics, basements or balconies with donations. And this part of the area may not be included in the real estate license or the real estate license area, but it is necessary to specify in the "other terms" of the contract that the house transaction is accompanied by a complimentary courtyard, attic, basement or balcony. 5. The ownership of the house should be clearly marked. Private property houses should fill in the names of property owners and owners, enterprises should fill in the names of property owners, and public property houses should fill in the names of their housing management stations. In the case of inheritance, gift, court decision, etc. The seller must issue relevant certificates.

2. Agreement on transaction amount and payment method.

When the relevant amount is agreed, it should be capitalized and legible. If there is lowercase, pay attention to consistency. Make clear the payment amount and specific time to ensure that the total amount is consistent and the time before and after does not conflict. The specific matters of loan transfer shall be subject to the bank and real estate management department. When signing the contract, the buyer pays the deposit, the seller issues a receipt or receipt, and the deposit is witnessed by a formal intermediary broker or lawyer.

3, ancillary facilities can be based on the principle of "three wants and three don't".

Gas, heating, one household and one meter should be marked, and the relevant documents should be handed over or changed on the agreed date. Because the historical arrears of telephone, cable TV and Internet are difficult to solve, and the telephone also involves the privacy of the seller, it is suggested that the seller close these ancillary facilities in the contract, and then the buyer opens them by himself. If there is furniture or electrical appliances left for the buyer, it needs to be indicated in the contract. And agree on the handover date of relevant documents and payment vouchers for ancillary facilities.

4. Signature and contact information.

The contract needs to be signed by the buyer and the seller themselves. Leave as many phone numbers, addresses or mailing addresses as possible to ensure the normal contact between the buyer and the seller.

5. Don't leave blank when signing the contract, and don't alter it at will.

If modification is needed, both parties to the transaction must sign and confirm the modification.

Matters needing attention

A house is a special commodity. According to the law, buyers and sellers of houses must sign a written contract.

The standard contract formulated by the relevant government departments, as an important certificate of property right transfer registration, is the main and important document for the buyer to obtain the property right of the house, that is, the property right transfer of the subject matter (the subject matter is the ownership or use right of the house). The contract stipulates the quality, area, unit price, total price and performance of the subject matter.

Term of the contract and other rights and obligations of both parties. There are the following differences between house sales contracts and other transaction contracts: the indivisibility of house and land. After paying the price agreed in the contract, the buyer obtained the ownership of the house and the land use right of the house. The land belongs to the state, and it is forbidden to sell the ownership, but after paying a certain price, the land use right can be obtained, so that the house has a "foothold". The inseparability of housing and land determines that while obtaining the ownership of housing, it also obtains the right to use the land. Before the house sales contract is concluded, the transfer of house ownership may involve the interests of a third party. Therefore, the law stipulates that the lessee shall be notified three months in advance or in accordance with the matters agreed in the lease contract, and the lessee shall enjoy the preemptive right under the same conditions. After the house purchase and sales contract comes into effect, both parties shall submit relevant documents to the real estate trading center. The ownership of the house will not be transferred until the house purchase and sales conditions are met and the transfer formalities (or property certificate) are handled, that is, the seller delivers the subject matter. Without transfer registration (or property right registration), the buyer has paid the fees agreed in the contract, but still has no possession of the subject matter, which is obviously different from the general sales contract.

Confirm the owner: verify the true identity

The prerequisite for signing a sales contract is that the buyer and the seller check the authenticity of the signing subject, mainly for the buyer to verify the owner's identity, the authenticity of the owner's certificate and its consistency with the owner's identity, especially for the buyer and the seller to trade on their own without the intermediary guarantee of a third party, so as to prevent illegal personnel from forging the owner's identity card and real estate license for fraud and avoid the capital risk to the maximum extent. The real estate transaction is a big deal, and both buyers and sellers hope that the transaction process will be safe and sound. The most effective way is to entrust a brokerage company with good credit standing, strong brand awareness and strong professionalism to undertake the guarantee responsibility, which will verify the true identity of both parties, confirm that there is no dispute over the property rights of the house, and restrain the behavior of both parties. Advance payment: Is the settlement clear?

Whether there are historical problems in the house, such as arrears or corresponding agreements, is a subsidiary issue of the house itself that the buyer should pay attention to and belongs to an important clause in the "house delivery"; Handover of water, electricity, gas, property, heating and other expenses,

The clarity of time is the key to clearly dividing responsibilities. If it is a public housing transaction, the payment time and standard of property, heating and other expenses, whether the original owner has established requirements and changes, the cooperation that the seller needs to do, the agreement that the buyer needs to sign, etc., should also be clearly stated in the contract.

Maintenance fund

Buyers and sellers usually stipulate the settlement method of maintenance fund in the contract, but sometimes it is too general and only writes "send" or "don't send". In fact, there will be exceptions when handing over the house, that is, the seller has not paid the maintenance fund or some maintenance funds have been used. Because the agreement in the sales contract is not clear, the seller can think that the maintenance fund is a "gift", and the unpaid part or insufficient part is of course paid by the buyer himself; The buyer can also think that the seller should pay the full amount before moving the maintenance fund to the buyer's name. When signing a contract, both parties to the transaction shall specify the settlement amount of maintenance funds.

cost of living

Water, electricity, coal, telephone, property management fees and other living expenses settlement procedures must be carefully handled, property inspection can not be sloppy. Such disputes often occur in housing transactions. Due to the negligence of both parties, the daily living expenses were not settled when the house was handed over. When the buyer received the above bill after checking in, he found that the seller owed a lot of fees. When he went back to settle accounts with him, the original owner had no news, so he had to admit his bad luck and pay the arrears. Although this part of the cost is not large relative to the house price, the buyer still can't find a balance point psychologically.

In fact, this situation can be completely avoided. The property list should be an annex to the contract, recording the specific data of water, electricity and gas meters, and all expenses should be settled in time when handing over the house.

Ancillary facilities: don't forget to record the acceptance.

Generally speaking, the buyer will check and accept the ancillary facilities, equipment, decoration and donated household appliances and furniture when handing over the house, among which the problems such as sewer blockage and wall seepage are easily overlooked. Free household appliances and houses.

The furniture shall be accepted according to the contract. It is suggested that the quantity and brand of furniture and household appliances should be clearly defined in the contract, or the image materials should be taken as the annex of the contract.

Payment transfer: a clear mode of operation

The payment method for purchasing second-hand houses is decided by the buyers and sellers through negotiation, and there are generally two ways: one-time payment and mortgage loan. The risk aversion consciousness of buyers and sellers has formed the current trading situation that "the seller is unwilling to transfer the property first and the buyer is unwilling to pay first". In practice, the buyer can divide the house payment into two parts: the down payment and the final payment, and the payment time of the final payment depends on the transfer date of the property, so the buyer has the right to know the transfer time of the property. You can also choose the "second-hand housing transaction fund custody" business jointly launched by some banks and real estate brokerage companies, which can solve the above problems with the lowest cost.

Delay in moving: the responsibility of being careful of time

According to the usual trading habits, the seller should move out of the account before the transfer or delivery. Sometimes, because there is no house or children going to school for the time being, the seller will ask for a delay in moving out of the account. At this time, both parties shall agree in writing on the time of moving out of the account and the liability for breach of contract. In view of the fact that the registered permanent residence cannot be forcibly moved out, the buyer should be cautious about delaying the registered permanent residence.

Liability for breach of contract: agreed repayment time

This is one of the contract terms that buyers and sellers are more concerned about. Although both parties subjectively hope to fulfill their obligations and successfully complete the transaction when concluding the contract, due to the complexity and large amount of real estate transactions, accidents occur from time to time, leading to the occurrence of breach of contract. In order to avoid the phenomenon of wrangling in the future, the responsibilities and rights of both parties and the amount and time of payment of liquidated damages must be clearly written when signing the contract, and the principle of equality of responsibilities and rights of both parties should be followed. In practice, the proportion of liquidated damages in second-hand housing sales contracts is generally stipulated in clear terms, but there is no specific agreement on the payment time, which will cause the defaulting party to delay the payment time accordingly and reduce the actual binding force and execution of the terms. The clause that "the buyer shall pay liquidated damages to the seller (the buyer) within _ _ days from the actual payment date (from the actual delivery date of the house)" should be added in the contract to ensure the final implementation of the contract terms.

Supplementary agreement: leave no spaces.

When signing a contract, if the terms of the contract are unclear or need to be further agreed, the buyer and the seller shall write supplementary terms after the relevant terms of the contract or in the blank line after the contract. Write down the meaning of both parties in the contract to reduce the inconvenience and trouble caused by ambiguous meaning in the subsequent stage.

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