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General version of house-to-house repayment contract
With the strengthening of people's legal awareness, contracts are indispensable on many occasions, and signing contracts can balance the equal status of both parties. So do you know how to write a legal contract? The following is the general version (5 selected articles) of the model contract for paying debts with houses that I collected for you, for reference only. Let's have a look.
House-to-house Debt Contract General Edition 1 Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
According to People's Republic of China (PRC) Contract Law, People's Republic of China (PRC) Urban Real Estate Management Law, People's Republic of China (PRC) Property Law and other relevant laws and regulations, on the basis of equality, voluntariness and consensus, both parties have reached the following agreement on the matter that Party A uses the house to compensate Party B's debts:
Article 1 When this contract is signed, the nature of Party A's house land is transfer.
1. Party A obtains the ownership of the house located in _ _ _ _ _ _ _ _ by means of bank mortgage purchase.
2. (The approval document number of land use right transfer) is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. The land use right certificate number is _ _ _ _ _ _ _ _, and the land use right area is _ _ _ _ square meters. The planned use of this plot is _ _ _ _ _, and the term of land use right is from _ _ _ to _ _ _ _.
4. The mortgaged house (now named) _ Xidi Hongshanyuan purchased by Party A on the above plot, with the main building of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
5. The project construction planning license number is _ _ _ _ _ _ _ _ _ _ _.
6. The house pre-sale permit number is _ _ _ _.
Article 2 Housing area.
1. The building area of the house used by Party A to offset Party B's loan (hereinafter referred to as the house) is * * square meters, in which the interior building area is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. The house is Room _ _ _ _ _ _ _ _.
3. The house was purchased by Party A's bank mortgage. Since it cannot be returned on time, Party A agrees to use the house to pay the loan owed to Party B.. Total price of the house purchased by Party A (in words): RMB one hundred thousand Yuan only, (in figures): _ _ _ _ _ _ _.
4. Party A borrows money from Party B by using the house (in words): RMB one million only, in figures: _ _ _ _ _ _. In which: maintenance fund, deed tax and other expenses (in words): one hundred thousand Yuan only, (in figures): _ _ _ _, indoor appliance price (in words): ten thousand Yuan only, (in figures): _ _ _ _.
5. The down payment for Party A to purchase the house is RMB one hundred thousand one hundred Yuan only, (in figures): _ _ _ _ _. Mortgage loan to the bank (in words): one hundred thousand and one hundred yuan only, (in figures): _ _ _ _ _. Term of mortgage loan: years, and repayment time of mortgage loan: years.
6. From the date of signing this contract, Party A shall transfer the ownership of the house to Party B, and Party A shall repay the bank mortgage loan on time as agreed in the loan contract, and Party A shall bear all the responsibilities for overdue repayment of the bank mortgage loan ... If Party A fails to use the house normally due to overdue repayment of the mortgage loan, Party B may continue to claim all the loans from Party A, or claim the advance payment and interest from Party A after Party B repays the bank mortgage loan on behalf of Party A. ..
Article 3 Prices and expenses.
1. The house (belongs to) the house purchased by bank mortgage loan. According to the current construction area, the sales price of the house is RMB per square meter, and the total purchase price is RMB one hundred thousand only. The maximum loan amount is (RMB): one million yuan only, in figures: _ _ _ _ _ _. In which: maintenance fund, deed tax and other expenses (in words): one hundred thousand Yuan only, (in figures): _ _ _ _ _, indoor appliance price (in words): ten thousand Yuan only, (in figures): _ _ _ _ _.
2. After the mortgage loan of the housing bank is paid off, Party A shall unconditionally cooperate with Party B to handle the registration formalities of house change, and promise not to charge any fees from Party A for any reason.
Article 4 Special agreement on prices and fees.
In any of the following circumstances, the house price and the taxes paid can be adjusted accordingly:
1. As the house belongs to the house purchased by Party A's bank mortgage, it is impossible to register the change of house property right at present. When Party A handles the house property registration after paying off the bank loan, all the expenses required in the registration process shall be paid by Party B. ..
2. When Party B has paid all the fees that should be charged by the government and its relevant departments, and Party A needs Party A to provide all the formalities required for the registration and change of the house, Party A will actively cooperate unconditionally, without charging any fees or remuneration, and shall not delay for any reason.
3. If Party A fails to repay the bank mortgage loan on time under special circumstances, it must inform Party B in writing of the reasons for the failure, so that Party B can decide to repay the loan or recover the arrears and interest from Party A separately. If it thinks that the loss is too large or can't be compensated, Party B can make a decision according to the market price of the house at that time.
4. In the process of Party A's repayment of the bank mortgage loan, if it cannot be repaid on time due to special circumstances, Party B shall hand over the debit card of the bank mortgage loan, so that Party B can decide to continue to repay it on behalf of Party A or transfer the money separately or continue to recover the arrears and interest from Party A. ..
Article 5 Payment Terms
After Party B decides and agrees to deliver the house to Party A on _ _ _ _ _.
Article 6 Liability for breach of contract.
1. If Party A fails to deliver all commercial housing sales contracts, payment invoices, deed taxes, public maintenance funds, property agency fees, household registration fees, original bills and original tax vouchers related to the house to Party B in accordance with Article 5 of this contract, Party B may refuse to use the house to offset the loan owed.
2. After Party A delivers all formalities to Party B as agreed in Article 5 of this Contract, Party B shall take over the house as agreed. If Party B fails to take over the house, Party A has the right to handle the house separately and hold Party B liable for breach of contract. The liability for breach of contract shall be calculated as 10% of the total housing loan from the second day of the delivery period stipulated in this contract to the date of actual acceptance.
3. When the house can be registered for property right change, Party A shall help Party B to complete the house change registration free of charge, and all the house registration fees paid shall be borne by Party B. After Party A delivers the original house contract, original documents and other original house certificates to Party B, it shall not claim to pay any fees after the house price is completed for any reason, and Party A must issue a written handover certificate for the delivered house. If Party A fails to deliver the house in time, it shall be liable to Party B for breach of contract. The liability for breach of contract shall be calculated as 10% of the total housing loan from the second day of the delivery period stipulated in this contract to the date of actual acceptance.
4. After Party A delivers the house to Party B, it must ensure that itself, family members and anyone outside claim the right of the house. If the house is claimed by family members and external third parties due to circumstances beyond Party A's control, and Party B cannot use or live in it, in addition to repaying all the loans owed to Party B, it shall also pay all the compensation according to the market evaluation price when asking Party B to return the house.
5. After Party A delivers the house, it is deemed that the ownership of the house has been transferred to Party B. Since the original house contract, bills and other documents cannot be changed due to the bank mortgage loan, Party A has the obligation to assist Party B in coordinating the housing matters related to the house. Party A shall actively cooperate with Party B to complete the registration of house change when the registration of house ownership change can be handled.
6. When Party B takes over the house, the actual house payment paid by Party A is: down payment+monthly bank loan. The unpaid part of the bank mortgage loan is still regarded as a loan owed to Party B until Party A pays off the bank mortgage loan, and it is regarded as that Party A has fully paid off the loan owed to Party B. When Party A defaults or intentionally defaults on the bank mortgage loan, which makes Party B unable to use the house, Party B has the right to decide to transfer or continue to repay the loan or recover the loan, interest and actual loss from Party A. ..
Article 7 Time limit for delivery
Party A shall deliver the house to Party B before _ _ _ _ _. Party B shall take over the house before _ _ _ _ _. This contract shall be performed from the date of delivery until the registration of house ownership change is completed. After the ownership registration, the validity of the contract still extends to the house.
Article 8
This contract is made in duplicate, signed by both parties (including the property signed by the owner * * * *), or comes into effect after printing.
Party A (seal): _ _ _ _ _ _ _ _ _ _ _ _
Party B (seal): _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
General Second Edition of House-to-house Debt Contract Debtor: _ _ _ _ _ _ (hereinafter referred to as Party A)
Creditor: _ _ _ _ _ _ _ (hereinafter referred to as Party B)
According to the Contract Law, General Principles of Civil Law and other relevant laws and regulations of China, Party A and Party B have reached the following agreement voluntarily through full consultation:
1. Party B agrees that Party A will use the unit building it owns as a commercial house. With the construction area of \ \ u \ u \ u \ u \ u \ u \ u \ u \ u \ u \ u \ u \ u \ u \ u \ u \ u \ u \ u \ u \ u \ u \ u \ u \ u \ u \ u \ u \ u \ u \\ u \\ u \\
2. Party A is responsible for the legality of the formalities of the house, and all expenses incurred by the house shall be borne by Party B from the date when Party B signs the subscription agreement, which has nothing to do with Party A.. ..
3. Party A shall assist Party B in handling the real estate license, and the expenses shall be borne by Party B..
4. After this agreement comes into effect, Party B reduces the project payment receivable from Party A by RMB _ _ _ _ _ (in words: _ _ _ _ _ _), and both parties will treat this agreement as the accounting treatment of the project payment.
5. After Party B signs this agreement with Party A, neither party can go back on its word. If one party breaches the contract, it shall pay the other party a penalty of100000 yuan.
6. In case of any dispute over the performance of this Agreement, Party A and Party B can settle it through negotiation; If negotiation fails, bring a lawsuit to the people's court where Party A is located.
7. This agreement is made in triplicate, two for Party A and one for Party B. ..
Eight. This agreement shall come into effect immediately after being signed by both parties.
Party A (seal): _ _ _ _ _ _ _ _ _ _ _ _
Party B (seal): _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
General Version 3 of Party A's House-to-House Debt Payment Contract (Seal): _ _ _ _ _ _ _ _ _ _ _ _
Party B (seal): _ _ _ _ _ _ _ _ _ _ _ _
Article 1 Loans and the right to use houses shall be guaranteed with compensation.
1. From the date of signing this contract to _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. Repaying the debt with the right to use the house: Party A compensates Party B with the loan principal and interest of RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ That is, when the loan occurs, it is deemed that Party B has paid off the rent of the house and enjoys the right to use the house without paying any extra fees to Party A.. ..
3. Guarantee of the right to use the house: while exercising the right to use the house, Party B still has the right to choose to ask Party A to repay the cash; Where Party B requests Party A to repay the cash and collect it in full according to the agreed principal and interest, the right to use the house shall be returned to Party A from the date of collection. Party A guarantees its loan with the right to use the house.
4. Party A promises that the disposal of the ownership of the house in any way (including the disposal of the ownership by a third party) will not affect or hinder Party B's right to use under this contract; When Party A or a third party disposes of the ownership, it shall notify Party B in writing 10 days before the disposal date.
Article 2 The location, area, function and use of the house
Party A is entitled to _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Location (omitted), with an area of _ _ _ _ _ _ _ square meters as agreed by both parties. Details are as follows:
1. Location of the house: _ _ _ _ _ _.
2、*** ㎡。
3. The present situation of the house.
The structure is intact, the water and electricity are in place, and the access roads are smooth, meeting the functional requirements of the house.
4. The function of the house is: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
If Party B needs to change the use function, Party B shall declare all procedures required for changing the function according to relevant government regulations, and all expenses required for changing the use function shall be borne by Party B. ..
The house is managed by Party B itself.
5. There are no factors affecting Party B's exercise of the right to use the house.
Article 3 Term of use and mode of use.
1, with a service life of _ _ _ _ years, that is, from _ _ _ to _ _ _ _.
2. After this contract comes into effect, Party A shall be responsible for terminating the lease contract with the original lessee at the time required by Party B (not later than _ _ _ _ _ _) (if Party A fails to repay the rent, the original lessee may use it until the original lease expires; If Party A fails to pay the deposit, Party B shall be responsible for paying it, and the paid amount shall be included in the total amount owed by Party A to Party B), and both parties shall hand over the house.
3. Party B has the right to decide to sublet it to the original lessee or rent it in its own name, and collect the rent; You can also use it yourself; Or exercise the right to use the house in other ways you think necessary.
4. Within the time limit stipulated in this contract:
Party B enjoys the exclusive right to use the house and its attachments (including the right to transfer to a third party) and has the right to remove any obstacles that hinder the exclusive right to use the house in the way it deems necessary.
Party A shall not set any obstacles to Party B's exercise of the right to use or affect or hinder the realization of the right to use; The right to use shall not be provided to a third party in any way, nor shall it be used for capital contribution or guarantee.
In case of the above-mentioned acts, in addition to Party A's liability for breach of contract, Party B has the right to increase the total amount owed (calculated by the area of the house where the breach occurred x the unit price of the rent receivable, or increase the service time of the usable house) according to relevant circumstances.
5. When Party A is required to provide the house ownership certificate or go through the formalities, Party A shall provide it in the manner, time and content required by Party B. ..
6. After the signing of this contract, if Party A needs to use part of the house area, its location, time and area shall be approved by Party B in writing.
Part used by Party A: not included in debt repayment (that is, after the total amount owed to Party B is included in the area x the unit price of rent receivable, part of the service life used by Party B will be extended or the repayment amount will be increased accordingly); Responsible for maintenance, water and electricity costs and property management.
Article 4 Repair and maintenance of houses
Party B is responsible for the daily maintenance and repair of the house (including ancillary facilities and equipment) (except for the 3 parts used by Party A), and the expenses shall be included in the total amount owed by Party A to Party B. ..
Article 5 Property management
When using the house, Party B must abide by the relevant provisions of property management and the stipulations of this contract. If it violates the provisions, Party B shall bear the responsibilities.
Article 6 Decoration Clause
If Party B needs to decorate or rebuild the house, it must report to the relevant government departments for approval.
Article 7 Requirements for Use
Party B shall not use the premises for any illegal activities.
Article 8 Advertising
Party B shall set up billboards in or around the house (including providing advertising space to third parties) and go through relevant examination and approval procedures according to relevant regulations.
Article 9 Notify both parties to confirm the validity of the contact information (including address, postal code, e-mail, telephone number and fax number) specified in this contract, and bear the responsibilities arising therefrom.
Contact information of both parties: paper documents (including fax), online e-mail, qq conversation or message, telephone, etc. It all works.
All notices required to be issued under this contract, document exchanges between Party A and Party B, and notices and requirements related to this contract shall be made in writing; Once the telex or fax sent by Party A to Party B or sent by Party B to Party A is sent, the registered letter shall be subject to the receipt of the postal agency. Whether it is signed or not, it will be delivered by the addressee seven days later, and it will be deemed to have been delivered to the address stated on the first page of this contract.
Article 10 Liability for breach of contract
The breaching party shall pay liquidated damages to the other party at 30% of the total contract amount and bear all losses (subject to the relevant documents provided by the observant party). The observant party has the right to choose to terminate the contract immediately or request to continue to perform the contract.
If Party A breaches the contract, Party B shall continue to enjoy the right to use the house, and have the right to remove the obstacles that hinder the exercise of the right to use the house in the way it deems necessary, and the responsibilities arising therefrom shall be borne by Party A..
Article 1 1 Dispute Resolution and Applicable Law
Any dispute arising from the performance of this contract shall be settled by both parties through consultation. During the negotiation (arbitration), this contract shall continue to be performed.
If negotiation fails, the dispute shall be settled through arbitration procedures, and both parties agree to take China International Economic and Trade Arbitration Commission as the arbitration institution for the dispute.
Article 12 Other clauses
For matters not covered in this contract, a supplementary agreement can be signed separately after both parties reach an agreement through consultation.
This contract is made in quadruplicate, with Party A and Party B holding two copies respectively, all of which are equally authentic. The change of this contract is invalid without the signature of both parties at the change place.
Both parties voluntarily conclude this contract on the basis of fully understanding the agreed meaning of this contract, and do not claim that it is misunderstood and invalid for any reason after signing it.
If the documents signed by both parties (or Party A and a third party) before or after involve the same matter (the right to use the house involved in this contract) but are inconsistent with this contract, this contract shall prevail.
Article 13 Annexes to the Contract (omitted)
Party A (seal): _ _ _ _ _ _ _ _ _ _ _ _
Party B (seal): _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
House-to-house Debt Contract General Edition 4 Lender (Party A): _ _ _ _ _ _ _
Borrower (Party B): _ _ _ _ _ _
In order to solve the debts owed by Party B to Party A and support the reorganization of Party B's assets, according to the current laws, regulations and relevant policies of China, both parties reached the following agreement on the repayment of Party B's debts on the basis of voluntariness, equality and consultation:
I. Creditor's Rights Confirmation Clause
Both parties * * * confirm that as of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Second, the debt repayment clause.
1. Debtor
As the debtor, Party A agrees that Party B will repay the debts owed to Party A according to the following agreement.
2. Object of debt settlement and amount of debt settlement
Party B voluntarily repays Party A's debts with the assets that have been mortgaged to Party A, which are authorized by the state to operate and have legal disposal rights, totaling RMB _ _ _ _ _ _.
Three. Party B's guarantee
1. Make sure that you have the legal right to dispose of the mortgaged assets and there are no other property rights disputes.
2. Ensure that the debt repayment behavior conforms to the procedures stipulated by laws, regulations and articles of association.
3. Ensure that Party A is not interfered by other creditors of Party B due to debt repayment.
4. Take all responsibilities arising from unauthorized disposition and violation of relevant regulations.
Four. Delivery of debt-paying property
After the signing of this agreement, Party A has the right to dispose of the debt-paying assets under this agreement and transfer all the debt-paying assets. Party B shall, after receiving the written notice from Party A, deliver the debt-paying assets under this Agreement to the assignee designated by Party A, and the delivery method shall be negotiated separately between Party B and the assignee.
Verb (abbreviation of verb) Validity of asset repayment behavior
After all the following conditions are met, the debt repayment behavior agreed in this agreement will take effect when Party B obtains the confirmation that the debt repayment behavior of Party A's assets takes effect.
1. This repayment agreement is approved by Party A's superior bank.
2. Party A has successfully completed the transfer of debt-paying assets under this Agreement or received all the transfer funds.
3. Party A has obtained the written certificate that the mortgagee has delivered the mortgaged property.
Six, the elimination of creditor's rights and debts
After the debt repayment confirmed in Article 5 of this Agreement takes effect, the loan principal and interest owed by Party B to Party A shall be deemed to have been fully paid off.
7. If the debt repayment confirmed in this agreement does not take effect, this agreement is not legally binding on all parties. Party A has the right to exercise the right of recourse according to the original loan contract and guarantee contract.
Eight. This agreement is made in duplicate and has the same legal effect.
Party A (seal): _ _ _ _ _ _ _ _ _ _ _ _
Party B (seal): _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
General Edition V of House-to-house Debt Contract Party A:
Party B:
After full consultation, Party A and Party B have reached the following agreement on the asset lease of xx Fishing Ground in xx County:
1. Party A obtained all the property rights of xx fishing ground in xx county according to the civil ruling (xx) No.X of XX county people's court. For the convenience of operation, we voluntarily leased the site to Party B for operation.
2. The lease term is years, from years to years.
3. The rent is RMB yuan per year, * * * yuan. Pay the rental fee for this year on the date of signing this contract, and then pay the rental fee for this year on June 65438+1 October1October 3 1 every year. The rent is paid in cash.
Four. The scope of the leased property shall be subject to the property list attached to this contract; Party A and Party B shall make an inventory of the leased premises on June 38+February each year.
5. During the lease period, Party B shall use the leased property for normal purposes and shall not damage, transfer, mortgage, sublease or engage in destructive operations.
6. If Party B needs to increase the ancillary facilities needed for its operation, it must obtain the written consent of Party A. Without written consent, it shall not be added. When the lease expires, the newly added ancillary facilities shall be obtained by Party A free of charge.
7. If Party B carries out value-added renovation of the leased house, it shall notify Party A in writing, and the renovation expenses shall be borne by Party B. ..
8. Without the written consent of Party A, Party B shall not dismantle, rebuild or engage in other operations that endanger the safety of fixed facilities.
9. Creditor's rights and debts incurred during the lease period of Party B shall be enjoyed and borne by Party B, and Party A shall not be liable.
X. Party B shall operate independently and be responsible for its own profits and losses, and Party A shall not interfere with Party B's specific business activities.
XI。 During the lease term, Party A shall be responsible for solving the property right disputes of the leased house.
12. Party B shall not use the leased premises for illegal and criminal activities.
13. During the lease period, all taxes and fees arising from the leased house shall be borne by Party B. ..
14. If Party B fails to pay the rent according to the agreed time limit and amount, it shall pay Party A a penalty of 20% of the total rent agreed in this contract, and Party A has the right to terminate this contract.
15. If the leased property is damaged or lost due to Party B's behavior, Party B shall be liable for damages.
16. Matters not covered in this contract shall be supplemented by both parties through consultation, and the supplementary agreement is an integral part of this contract.
17. This contract shall come into effect as of the date of signature and seal by both parties.
18. This contract is made in triplicate, one for Party A and Party B, and one for xx County Rural Credit Cooperative Association, the competent department of Party A, with the same legal effect.
Party A (seal): _ _ _ _ _ _ _ _ _ _ _ _
Party B (seal): _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
;
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