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Shanghai house sales contract

Tell me specifically.

1. This contract is a model text formulated by Shanghai Housing and Land Resources Administration according to People's Republic of China (PRC) Contract Law and Shanghai Real Estate Transfer Measures.

Two. This contract is applicable to the existing real estate delivered by the Buyer and the Seller under the supervision of the regulatory authorities.

3. The blank space in the contract shall be determined by the parties concerned through consultation; The content is a parallel option, which can be selected according to the actual situation.

4. Real estate sale is a civil legal act, involving a large number of subject matter, strong professionalism and many legal norms. When concluding a real estate sales contract, both parties should pay attention to the following issues:

(a) when signing a real estate sales contract, the * * recorded in the real estate ownership certificate shall be signed and sealed by someone.

Before the property is sold, the owner of the property ownership certificate shall reach an agreement with his spouse. If the spouse raises an objection after the sale, the * * * person shall bear legal responsibility.

(II) House handover is a process in which the seller delivers the house to the buyer according to the agreed date and method, and the buyer accepts it. Both parties shall specify the delivery and acceptance dates and choose the delivery method in Article 4 of this contract.

(3) The quality clause is an essential part of the sales contract, and the purchased house should be able to maintain its normal function. When selling a house with a reasonable service life, the property owner shall entrust a qualified housing inspection agency to identify the safety of the house.

(4) Before the signing of the real estate sales contract, the seller shall submit the proof of the relevant registration materials for the sale of real estate to the buyer, and the buyer shall check whether there are property rights disputes or other rights restrictions in the sold real estate to safeguard their own rights and interests.

(5) When buying or selling the leased house, the seller shall notify the lessee three months before the sale, and the lessee has the preemptive right under the same conditions. If the lessee waives the preemptive right, the buyer shall continue to perform the lease contract after purchasing the house, and sign a lease subject change contract with the lessee.

(six) the land use right after the sale of real estate

When the house is sold, the right to use the state-owned land within its occupied area will be transferred accordingly. In the case of buying and selling garden houses and non-residential real estate on the allocated land without paying the land transfer fee, the buyer shall go through the procedures for transferring the right to use state-owned land to the municipal or district (county) real estate management department and pay the transfer fee.

If the term of land use is indicated in the certificate of real estate ownership, the parties concerned shall truthfully fill it out in Item (1) of Article 3 of this Contract; To pay the transfer fee of land use right according to the regulations, the parties concerned should choose Item (2) of Article 3.

(seven) the residential houses on collectively owned land have not been requisitioned according to law, and can only be sold to individuals who have the application conditions for residential housing construction within the township (town) where the houses are located. Non-residential houses can only be sold to collective economic organizations or individual operators within the township (town) where the house is located.

(eight) the sale of residential houses that have been put into use, in addition to the handover of houses and the transfer of rights, whether the original accounts in the houses are moved out in time will affect the rights and interests of the buyers. Both parties can agree on the transfer terms in the supplementary terms.

(9) According to the relevant regulations on residential property management in Shanghai, after the transfer of real estate, the parties shall inform the owners' management committee and the property management unit in writing about the transfer of real estate, and go through the formalities for changing the name of the house maintenance fund account. The delivery of the balance maintenance fund in the account can be agreed by the parties in the supplementary terms.

Five, the buyer and the seller should consult the real estate delivery supervision contract before signing the sales contract.

Six, "People's Republic of China (PRC) Arbitration Law" stipulates the arbitration or trial system. Once the parties to the contract choose arbitration, it means that they can no longer bring a lawsuit to the court.

7. The model text of this contract can be consulted on the online real estate website and the real estate transaction service acceptance office.

Shanghai real estate sales contract

(ContractNo.:)

Establish a real estate sales contractor

Seller (Party A):

Buyer (Party B):

In accordance with the relevant laws and regulations of People's Republic of China (PRC) and the relevant regulations of this Municipality, Party A and Party B, following the principles of voluntariness, fairness, honesty and credibility, have reached an agreement through consultation to sign this contract for mutual compliance.

Article 1 Party B accepts the house owned by Party A and the land use right within the occupied area (hereinafter referred to as real estate). The details of this real estate are as follows:

(1) The property is located at. Shanghai County Road Lane New Village Supporting Agriculture (Location:); Property ownership certificate number:; House type:; Structure:.

(2) The building area of the house is square meters, and the land use right area within the occupied area of the house is square meters.

(3) See Annex I for the floor plan and real estate scope of the house.

(4) The land ownership within the occupied area of the house is owned by the state-owned collective; The right to use state-owned land is obtained through transfer and allocation.

(5) See Annex II for the equipment (non-accessory equipment) and decoration transferred with the house at the same time.

(VI) See Annex V for the related relations (including mortgage, adjacency, lease and other relations) of Party A's transfer of real estate.

Party A guarantees that the ownership status, equipment, decoration and related relations of the real estate have been truthfully stated, and Party B fully understands the specific conditions of the real estate transferred by Party A and voluntarily purchases the real estate.

Article 2 The transfer price of the above-mentioned real estate is RMB (in words): ten million yuan through negotiation between Party A and Party B..

The payment method and payment term of Party B shall be clearly agreed by both parties in the payment agreement (Annex 3). After Party B pays the house price, Party A shall issue a receipt that meets the tax requirements.

Article 3 When Party A transfers the real estate, the land use right shall be handled according to the following provisions.

(1) The service life of the state-owned land occupied by the house is from to. After Party A transfers the above-mentioned real estate to Party B, the rights and obligations stipulated in the transfer contract shall be transferred to Party B together.

(II) According to the laws, regulations, rules and relevant provisions of People's Republic of China (PRC), Party B shall go through the procedures for transferring the land use right and pay the leasing fee for the land use right.

(3)

Article 4 Both parties agree that Party A shall vacate the house in advance and notify Party B for acceptance and handover. Party B shall, from the date of receiving the notice,

Check the house, decoration and equipment within a few days. Sign the house handover book after the house inspection. Party A gives the house key to Party B as a sign of the transfer of house ownership.

Article 5 From the date of signing this contract to the date of acceptance and handover of the house, if all the house decorations and ancillary facilities listed in Annex 2 of this contract are damaged or removed, Party A shall pay Party B liquidated damages of multiple yuan according to the assessed value of the damaged or removed house decorations and ancillary facilities.

Article 6 Party A and Party B confirm that on the date of signing this contract, Party A and Party B shall apply to the real estate registration agency for real estate transfer registration.

Article 7 The above-mentioned real estate risk liability shall be transferred to Party B from the date when the real estate right is transferred and occupied.

Article 8 After this contract comes into effect, Party A and Party B shall pay taxes and fees according to the relevant regulations of the state and this Municipality.

Other expenses such as property management fees, water, electricity, gas and communication fees that have not been paid before the above-mentioned real estate transfer and occupancy shall be paid according to the agreement in Annex 4 of this Contract.

Article 9 If Party B fails to pay the transfer price to the supervision account within the time limit stipulated in this contract, both parties agree to handle it according to the following terms.

1. For each overdue day, Party B shall pay the liquidated damages of% of the transfer price agreed in Article 2 of the Contract, and the Contract shall continue to be performed.

2. If Party B fails to pay the transfer price to the supervision account within the time limit, Party A has the right to terminate the contract unilaterally, and Party B shall pay Party A a penalty of% of the transfer price agreed in Article 2 of this contract. If Party B's breach of contract causes economic losses to Party A, and the actual economic losses of Party A exceed the liquidated damages payable by Party B, the difference between the actual economic losses and liquidated damages shall be compensated by Party B according to the facts.

Article 10 If Party A fails to deliver the real estate within the time limit stipulated in Article 4 of this contract, both parties agree to handle it according to the following terms.

1. For each overdue day, Party A shall pay the liquidated damages of% of the transfer price agreed in Article 2 of the Contract, and the Contract shall continue to be performed.

2. If Party A fails to deliver the real estate within the time limit, Party B shall urge Party A in writing. If Party A fails to deliver the real estate within days after receiving the written reminder from Party B, Party B has the right to unilaterally terminate the contract and notify Party A in writing. If Party A does not raise any objection within days after receiving the notice, this contract will be terminated. Party A shall pay liquidated damages to Party B at% of the transfer price agreed in Article 2 of the Contract. When Party A's breach of contract causes economic losses to Party B, and the actual economic losses of Party B exceed the liquidated damages payable by Party A, the difference between the actual economic losses and the liquidated damages shall be compensated by Party A according to the facts.

Article 11 Supplementary clauses or supplementary agreements reached by Party A and Party B through consultation are an integral part of the sales contract provided that they do not violate relevant laws and regulations. If the supplementary terms of this contract are inconsistent with the main terms, the supplementary terms shall prevail.

Article 12 Party A and Party B agree to entrust Shanghai Online Real Estate Investment Management Co., Ltd. to supervise the real estate delivery agreed in this contract. The entrusted supervision project, content and authority shall be separately agreed by Party A and Party B and the supervisor Shanghai Online Real Estate Investment Management Co., Ltd.

Article 13 This contract shall come into effect as of the date of the Real Estate Delivery Supervision Contract signed by Party A and Party B with Shanghai Online Real Estate Investment Management Co., Ltd. and notarized by the notary office.

Article 14 People's Republic of China (PRC) laws and regulations shall apply to this contract. Any dispute between Party A and Party B during the performance of this contract shall be settled through negotiation. If negotiation fails, the case shall be submitted to Shanghai Arbitration Commission for arbitration (if you are unwilling to arbitrate and are willing to bring a lawsuit to the people's court, please cross out this clause).

Article 15 This contract is made in duplicate, one for Party A and Party B, and one for Shanghai Online Real Estate Investment Management Co., Ltd. and the real estate registration agency.

Additional payment

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Attachment 1

Housing planning and real estate in four areas.

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Annex 2

Equipment, decoration and treatment are transferred with the house at the same time.

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Equipment: decoration: Equipment and decoration expenses shall be handled according to the following terms:

(1) The above-mentioned equipment and decoration expenses have been included in the real estate transfer price agreed in Article 2 of this contract, and Party B does not need to pay any additional expenses. Party A shall not dismantle it and deliver it to Party B with the house.

(II) The above-mentioned equipment and decoration expenses are not included in the transfer price of real estate agreed in Article 2 of this contract, and Party B shall pay another RMB, which shall be paid by Party B to Party A at the time of acceptance and handover of the house agreed in Article 4 of this contract, and Party A shall not dismantle it and deliver it to Party B with the house.

Annex III

payment agreement

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First, supervise the transfer price of real estate

Party B agrees to remit the supervision transfer price into the supervision account established by Shanghai Online Real Estate Investment Management Co., Ltd. within the following specified time limit:

Pay RMB (in words) to the supervision account before 1.

2. Pay RMB (in words) to the supervision account before.

3. Party A agrees that Party B can apply to the bank for a personal housing mortgage loan with a total amount of RMB (in words) million yuan to pay the balance of the transfer price, including a commercial loan of RMB (in words) million yuan and a personal housing provident fund loan of RMB (in words) million yuan. Party B agrees to sign a loan contract with the loan bank before, submit relevant documents and pay relevant fees. Party B agrees to authorize.

The Bank transferred all loans to the following regulatory accounts:

Name of account holder: Shanghai Online Real Estate Investment Management Co., Ltd.

Account:

Bank of deposit: bank

If Party B fails to issue the loan in full as planned or the bank does not agree to the loan application, Party B shall pay the insufficient transfer price to the supervision account in cash before. If Party B can't make up for it in cash, both parties agree to terminate this contract and cancel the application for registration of house purchase and sale transfer, and agree to handle it according to the following terms:

1. Party B shall not be liable for breach of contract.

Two. Party B shall bear the penalty of RMB (in words) ten thousand Yuan. Second, about the irregular transfer price of real estate.

Party A and Party B confirm that the transfer price of unsupervised real estate is (in words) RMB 10,000.00 Yuan, which shall be handled as follows:

1. Party B shall pay Party A RMB (in words) ten thousand Yuan on ().

2. Party B shall pay the unadjusted real estate transfer price of RMB (in words)10,000.00 Yuan to Party A when delivering the house.

Third.

Annex 4

Pay property management fees, water, electricity, coal, telecommunications and other fees.

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Property management fees, water, electricity, coal, telecommunications and other expenses that have not been paid and settled before handover shall be borne by Party A; After the ownership is transferred, all expenses incurred in using the real estate shall be borne by Party B. ..

After the acceptance and handover of the house agreed in Article 4 of this Contract, Party A shall handle the handover procedures of water, electricity, gas, telephone and cable TV with Party B ... The initial installation fees of property maintenance fund, water, electricity, cable TV, telephone and gas shall be handled according to the following terms:

(1) Party A transfers it to Party B free of charge, and Party B does not need to pay any extra fees.

(2) Party B shall pay Party A separately, and the specific amount shall be subject to the regulations of relevant departments when Party A and Party B handle the transfer formalities.

Annex 5

Related relationships (including mortgage, adjacency, lease, etc.) and account migration

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Lease: On the day when Party A signs this contract, the house has been leased, and Party A has notified the lessee in writing three months before the sale, and the lessee waives the preemptive right. Party B agrees to continue to perform the lease contract after purchasing the house, and sign a lease subject change contract with the lessee.

Mortgage: Party A applies to Shanghai Bank for personal housing mortgage loan when purchasing the house, with the total loan amount of RMB (in words), and the loan balance at the time of signing this contract is RMB (in words). Party A agrees to irrevocably authorize Shanghai Online Real Estate Investment Management Co., Ltd. to apply to Shanghai Bank for prepayment of the loan and submit the required materials. If Party A breaches the contract, Party A agrees to pay Party B RMB10,000 as liquidated damages.

Household registration transfer: Party A shall, within days from the date of transfer of real estate rights, go to the local police station to go through the formalities of moving out of the original household registration. If Party A delays moving out of the account, Party A agrees to pay compensation of RMB/day to Party B. ..

Party A (1):

identity

CertificateNo.: Residential registered address:

Postal code:

Agent:

Contact telephone number:

My legal representative

(signature)

Party A (II):

identity

Certificate number:

Residential registered address:

Postal code:

Agent:

Contact telephone number:

My legal representative

(Signature) Date of signature:

Party B (1):

identity

CertificateNo.: Residential registered address:

Postal code:

Agent:

Contact telephone number:

My legal representative

(signature)

Party B (2):

identity

Certificate number:

Residential registered address:

Postal code:

Agent:

Contact telephone number:

My legal representative

(Signature) Date of signature: