How to write the purchase contract for buying a house and sending a parking space?

Buying a house and sending a parking space should be written in the contract. Generally speaking, parking spaces can be simply divided into two types, one is able to do property certificates, and the other is unable to do property certificates. Therefore, when buying a parking space, you must know whether you are signing a motor vehicle parking space purchase agreement, a parking space lease agreement or a right to use transfer agreement.

Common parking spaces that can't get real estate licenses can also be simply divided into two types.

One is the parking space that has been included in the pool area. As long as it is listed in the pool, legally speaking, it belongs to the parking space that can't get the real estate license, because it is shared by all owners. So this kind of parking space can be rented without buying property rights.

The other is a civil air defense parking space.

Civil air defense parking spaces are different from other parking spaces and have their own particularity. Because the area occupied by civil air defense parking spaces belongs to civil air defense projects, and civil air defense projects belong to civil air defense projects, according to relevant regulations, national defense assets belong to the state.

The contract mainly includes: the donor (Party A), the donee (Party B), the ID number, the reason for the donation and the legally concluded agreement.

Template:

Donor (Party A):

Recipient (Party B):

ID number:

Whereas:

1. Party A is the developer of this project, and also the legal investor and builder of parking spaces in the community.

2. Party B purchases the commercial house of the project building developed by Party A (hereinafter referred to as "the commercial house"), and both parties sign the Commercial House Sales Contract.

3. For the convenience of life, Party B applies to Party A for providing parking spaces for it.

According to the Contract Law of People's Republic of China (PRC) and other relevant laws and regulations, Party A and Party B have reached the following agreement on the use and donation of parking spaces in this project on the basis of equality, voluntariness and consensus:

Article 1 Agreement on the Right to Use

As far as Party B knows, the right to use the parking space is granted by this agreement, and there is no need to register relevant property rights.

Party B accepts the gift and enjoys the exclusive right to use the parking space from the delivery date of the purchased commercial house.

Article 2 Parking space donation method

The purpose of this parking space is: free parking spaces are limited to parking small cars. If Party B uses the parking space for purposes other than parking, Party A has the right to cancel the gift.

Party B shall accept the unified management of the property management company and pay the parking management fee to the property management company according to the same parking fee standard. The current charging standard is RMB/month.

Article 3 This Agreement shall be automatically terminated under the following circumstances, and both parties shall not be liable for breach of contract: if Party B transfers the commercial house during the gift period, the right to use the parking space shall be automatically terminated; Parking spaces are requisitioned or the nature of parking spaces changes due to government and other reasons.

The parking space is damaged or lost due to reasons other than Party A's, or the parking conditions are no longer available and cannot be repaired.

When the land use right of the project expires and the government recovers the land use right of the purchased commercial house, the parking space use right will automatically terminate.

Article 4 Party A informs Party B of the following precautions in using parking spaces, and Party B expresses its knowledge and understanding:

Party A only provides the right to use the parking space, and does not assume the risk responsibilities such as vehicle storage, damage and loss.

After Party B accepts the gift, the maintenance responsibility of the parking space shall be borne by Party A within the warranty period and Party B outside the warranty period.

Party B shall not modify the parking space by itself, or engage in other activities or place any other articles by using the parking space. If it causes damage to others, Party B shall be responsible for it, and unconditionally restore the parking space to its original state to eliminate the danger.

Where parking spaces need to be occupied due to inspection, repair and maintenance of underground pipelines and related facilities, Party B shall cooperate unconditionally.

Article 5 Any dispute arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, a lawsuit shall be brought to the people's court where the parking space is located according to law.

Article 6 This agreement is a subsidiary agreement with the serial number of Commodity House Purchase and Sales Contract. If the Commodity House Purchase and Sales Contract is terminated, this Agreement shall be terminated accordingly.

Article 7 Party B shall keep the donated parking spaces confidential, and shall not disclose or publicize them to the public, otherwise Party A has the right to terminate this Agreement, and require Party B to pay the use fee to Party A according to the parking space charging standard published by the property management company from the date of donation, and pay liquidated damages to Party B, and Party A is not required to perform the obligations stipulated in this Agreement.

Article 8 This Agreement shall come into force as of the date of signature or seal by both parties. This agreement has 2 pages in total and is made in triplicate, with the same legal effect, one for each party and one for the property management company.

Donor (Party A): Recipient (Party B)

Date: Year Month Day

Legal basis:

civil law

Article 657 A gift contract is a contract in which the donor gives his property to the donee free of charge and the donee expresses his acceptance of the gift.

Article 658 The donor may revoke the gift before the right to donate the property is transferred.

The provisions of the preceding paragraph shall not apply to notarized gift contracts or gift contracts with public welfare nature and moral obligations such as disaster relief, poverty alleviation and disability assistance, which are irrevocable according to law.

Article 659 If the donated property needs to go through registration or other formalities according to law, it shall go through the relevant formalities.

Article 660 If the donor fails to deliver the donated property in a notarized gift contract or a gift contract with public welfare nature such as disaster relief, poverty alleviation and disability assistance and an irrevocable moral obligation according to law, the donee may request delivery.

If the donated property that should be delivered in accordance with the provisions of the preceding paragraph is damaged or lost due to the intentional or gross negligence of the donor, the donor shall be liable for compensation.

Article 66 1 Gifts may be accompanied by obligations.

If the gift is accompanied by obligations, the donee shall perform the obligations as agreed.

Article 662 Where the donated property is defective, the donor shall not be liable. If the donated property is defective, the donor shall bear the same responsibilities as the seller within the scope of obligations.

If the donor intentionally fails to inform of the defects or fails to guarantee that there are no defects, thus causing losses to the donee, he shall be liable for compensation.

Article 595 A sales contract is a contract in which the seller transfers the ownership of the subject matter to the buyer and the buyer pays the price.

Article 596 The contents of a sales contract generally include terms such as name, quantity, quality, price, time limit for performance, place and method of performance, packing method, inspection standard and method, settlement method, contract terms and their effects.

Article 597 Where the ownership of the subject matter cannot be transferred due to the seller's failure to obtain the right of disposition, the buyer may terminate the contract and require the seller to bear the liability for breach of contract.

Where laws and administrative regulations prohibit or restrict the transfer of the subject matter, such provisions shall prevail.