Demonstration facade transfer contract facade transfer process and matters needing attention

There are two understandings of facade transfer: one is ownership transfer, that is, the property owner sells the shop to you; The second is to transfer the right to use or lease, that is, to transfer the house to you without changing the owner. Let's look at two different forms of facade transfer contract mode, the latest and most practical.

A, the facade transfer contract model

Example of facade transfer contract 1:

Transferor (Party A):? Id number:? Address:

Transferee (Party B):? Id number:? Address:

Lessor (Party C): ID number? Address:

According to the relevant provisions of China's Contract Law, Party A, Party B and Party C have reached the following agreement on the transfer of the following facade through friendly negotiation:

1, transfer the facade

Where is the transit facade? , building area? Square meters;

Party C is the owner and lessor of the above-mentioned transfer facade. Now Party C, Serie A and Party B transfer the above-mentioned facade lease right according to this contract.

The rights and obligations of the original facade lease contract signed by Party A and Party C are transferred to Party B for enjoyment and performance, and Party B and Party C will not sign another lease contract. After this contract comes into effect and the facade handover is completed, the original facade lease contract of Party A and Party C is terminated, and the rights and obligations are automatically terminated.

2. Settlement and payment of rent

The original lease contract between Party C and Party A stipulates that the lease term is one year, that is, since? Year? Month? Since that day? Year? Month? After all, what is the monthly rent? Rmb, what is the remaining lease term of Party A now? Month, before the facade transfer, rent, utilities, property management fees, etc. Still owe RMB? Yuan, the above arrears shall be paid by Party B to Party A within three days after the contract comes into effect.

After the facade is transferred to Party B, the rent agreed in the original facade lease contract between Party A and Party C will be transferred to Party C by Party B according to the contract (referring to the amount, time, payment method, liability for breach of contract, etc.), and Party A will no longer undertake the payment obligation.

3. Ownership of facade facilities and equipment

After the transfer, the existing decorative facilities of the transferred facade shall be owned by Party B..

When the lease term for transferring the facade expires (including the renewal term of the facade lease contract), the real estate of the facade decoration facilities shall be owned by Party C, and the movable property such as business equipment shall be owned by Party B (the division of movable property and real estate shall be implemented according to the original lease contract).

After receiving the facade, Party B has the right to redecorate the house according to business needs on the premise of ensuring the safe use of the house.

4, the facade transfer fee payment

Party b shall pay the down payment to party a on the date of signing this contract? Yuan. Party A shall hand over the facade and deliver the key to Party B the day after the contract is signed, and Party B shall pay Party A RMB * * * transfer fees? Yuan, (in words:? ), the above expenses have included the decoration, decoration, equipment (see the house handover list for details) and other related expenses mentioned in Article 3, and Party A will not charge Party B any other expenses.

5. Handling of creditor's rights and debts

Before Party B takes over, Party A shall be responsible for all the creditor's rights and debts of the store; Party B shall be responsible for all business operations and creditor's rights and debts after the takeover.

6. Conditions, Time and Method of Handover

When is the transfer of the facade scheduled? Year? Month? Formal handover.

During the handover of the fa? ade, Party A shall vacate all facilities, articles and goods that are not within the handover scope of the property handover list, and keep the existing decoration, decoration, facilities, equipment, doors, windows, walls, floors and ceilings intact and complete for the convenience of use.

Party A, Party B and Party C shall * * conduct on-site acceptance when handling the handover procedures of the fa? ade, and accept relevant properties according to the property handover list. After the handover, Party A, Party B and Party C shall * * sign the house handover list, and under the on-site supervision of Party C, Party A shall deliver the facade key to Party B. Once the facade key is delivered, it will accept and deliver the transfer of the facade.

When the handed-over fa? ade does not meet the agreed handover conditions, Party B has the right to refuse the handover, and Party A shall make timely rectification and maintenance until the handover conditions are met. It will be regarded as the facade of Party A's overdue delivery, and Party A will bear the liability for breach of contract.

7. Liability for breach of contract:

Party A guarantees that the facade has the legal right to lease and transfer according to law, and delivers the facade on time. When Party A fails to deliver the facade, the penalty shall be calculated as follows: days of overdue delivery ×? Yuan/day; If Party A fails to deliver the transferred facade for more than 30 days, Party B has the right to notify Party A to terminate the contract, return the paid facade transfer fee and recover the liquidated damages according to the above agreement.

Party B shall receive the facade on time and pay the facade transfer fee. When Party B fails to receive the facade for more than 7 days, Party A has the right to notify Party B to terminate the contract without refunding the paid facade transfer fee. When Party B fails to pay the facade transfer fee, the liquidated damages shall be calculated as follows: days of overdue payment ×? Yuan/day.

Party C guarantees that the transferred facade is legally owned by it and enjoys the right to rent the facade, and it is not allowed to "rent one more room". In case of disputes over facade ownership and lease right caused by Party C, Party C shall be liable for breach of contract and compensate both parties for liquidated damages. The calculation method of liquidated damages is as follows: liquidated damages obtained by Party A = transfer fee agreed in this contract ×1; The liquidated damages obtained by Party B = the transfer fee agreed in this contract ×2.

Signature of Party A: _ _ _ _ _ _ Date: _ _ _ _ _ _ _

Signature of Party B: _ _ _ _ _ _ Date: _ _ _ _ _ _ _

Signature of Party C: _ _ _ _ _ _ Date: _ _ _ _ _ _ _

Example 2 of Facade Transfer Contract:

The signing party (hereinafter referred to as Party A) (hereinafter referred to as Party B) and both parties sign this contract for business transfer, with the following conditions:

1. Transfer target: Party A is willing to transfer the wholly-owned _ _ _ _ _ _ _ located atNo.. No. X, X Road, xx City, is handed over to Party B for operation.

2. The transfer price of the film and its calculation standard:

(1) The inventory value of all wealth-making electrical appliances of Xingguo Commercial Bank is xx million yuan. Separate inventory of money-making equipment and inventory, and indicate the price separately.

(2) If there is any increase or decrease in the inventory of the above-mentioned wealth-generating appliances, cash shall be paid at the price recorded in the inventory.

(3) The uncollected accounts receivable of Party A are about RMB X million (see the handover list for details), all of which shall be borne by Party B without additional pricing. However, Party B shall bear all debts owed by Party A (see the handover list for details).

3. Payment method: Party B shall pay RMB10,000 Yuan to Party A at the same time of signing this contract; The rest shall be paid in one lump sum on the date of payment.

4. Date and place of delivery: both parties agree that the date of delivery is xx, xxxx, and the place of delivery is the location of the company.

5. Special projects:

(1) Before this document is delivered, all debts owed by Party A shall be educated by Party B, and Party B shall notify all creditors of the debts arising from the business. The same applies to all taxes, utilities, rents and employees' salaries accumulated before payment.

(2) The name of the trade name, the extension of the original name or the change of the name shall be decided by Party B, and Party A shall not agree. Party A shall also cooperate with Party B to handle the registration formalities of enterprise name change, and shall not refuse under an excuse.

(3) The company currently leasesNo. X, X Road, xx City, with the lease right of No.,and Party A is responsible for renewing the lease with Party B for X years, and signing a new lease with Party B. If the lessor refuses to renew the lease, demands an increase in the rent or puts forward other conditions, and Party B suffers losses, Party A shall be liable for compensation.

6. liquidated damages: if either party violates any of the conditions listed in this contract, the other party has the right to terminate the contract. If Party B breaches the contract, Party A is willing to confiscate the paid amount; If Party A breaches the contract, it shall double the penalty. If there are other damages, you still have to claim for compensation.

7. Party A and Party B shall look for guarantors respectively, and be responsible for the other party's breach of contract. Willing to bear joint and several liability, both of them give up their right of defense.

8. This contract is made in quadruplicate, one for each party.

Contract author

Party A: _ _ _ _ _ _ _ Guarantor: _ _ _ _ _ _? Date _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Party B: _ _ _ _ _ _ Guarantor: _ _ _ _ _ _? Date _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Second, the facade transfer process

The steps of facade transfer are roughly divided into the following steps:

1. Determine the identity of the transferor and see if he is the property owner of the facade house. If the facade operator is the owner of the house, first check whether the relevant documents such as the property right certificate, business license and health permit of the facade are complete, and initially consult the transfer price and rent of the house.

2. If they are interested in taking over, both parties can negotiate the specific prices of the transfer items such as house rent, facade management equipment and decoration. If there is an agreement, a certain deposit can be paid in advance to ensure the priority to take over the store. The deposit recipient shall issue a deposit receipt, which shall specify the time, amount, purpose and other specific contents of the deposit.

3. Both parties signed the Store Transfer Agreement and the House Lease Contract, thus stipulating the specific rights and obligations of both parties.

4. After the contract is signed, the transfer fee shall be settled in the way agreed in the contract.

5. The transferor has the obligation to assist the receiver to handle the transfer change procedures. Therefore, the receiver should go to the industrial and commercial department for the registration of name change in time when signing the contract and other required documents to determine the legality of the operation.

6. If the store operator is also a lessee, be sure to check the original contract signed with the property owner to see if there is transfer (sublease) right; When signing the contract, the three parties shall be present at the same time and sign the certificate. (i.e. property owner, operator and receiver)

Three. Matters needing attention in signing the facade transfer contract

In the process of store transfer, there are some matters needing attention:

1. Before signing the contract, both parties to the lease shall submit relevant identification certificates and house ownership certificates to the other party. You can also ask if the store has other ownership, such as mortgage. You should be very clear about whether there are any similar responsibilities in front of the door, such as three guarantees.

2. Be sure to investigate the reasons for the transfer of the store and the previous creditor's rights and debts, and clearly indicate them in the contract to avoid falling into the trap of the transfer contract.

3. Be sure to investigate in advance whether your favorite store has a municipal demolition plan in the short term, so as not to be deceived.

4. Acceptance is required when handing over the house. Both parties shall inspect the facilities and equipment in the house, fill in the list of ancillary facilities and equipment of the house, sign and seal it, and inspect it when it is ready.

You should keep the original contract and its attachments, just in case, you can spend some money to notarize it.

In practice, the ownership certificate involved in store transfer is complex and the contract terms are diverse. You can consult an experienced real estate lawyer before signing the store transfer contract for specific matters. He will carefully consider how to protect your rights and interests, and don't harm your own interests because of your negligence.

Signing a facade transfer contract is a common legal act. In order to protect the legitimate and reasonable interests of enterprises renting storefronts as much as possible and avoid unnecessary disputes in the process of renting, the relevant terms should be clearly stipulated, so we must be careful when signing contracts.