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Housing guarantee
Guarantee refers to the legal system that the parties realize their creditor's rights in order to urge the debtor to perform his debts according to the law or the agreement between the two parties. The guarantee is usually signed by both parties. Guarantee activities shall follow the principles of equality, voluntariness, fairness, honesty and credibility. The following is a sample of the house guarantee I brought you. Welcome to read the reference. Let's have a look!
Housing guarantee (1)
Party A (Seller): ID number:
Party B (Buyer): ID number:
Party A and Party B have reached the following agreement on real estate sales through negotiation:
1. The real estate sold by Party A to Party B has a construction area of square meters, and the title certificate number and land certificate number. The attached m2 property is sold to Party B, and the indoor facilities include.
2. The transaction price of the real estate is RMB only. Party B shall deliver it to Party A in installments years ago.
3. Party A shall ensure that the property rights of the above-mentioned real estate are clear. In case of property right disputes or creditor's rights and debts before the transaction, Party B shall not bear the responsibilities, and Party A shall bear the legal responsibilities.
4. If Party A reneges before completing the formalities of property right transfer, it shall compensate Party B at double the current house price.
5. Whenever the transfer formalities are handled, Party A shall actively cooperate unconditionally, otherwise it shall bear all economic responsibilities arising therefrom.
6. From the date of signing this contract to the date of transfer, Party A and Party B shall not mortgage or pledge the real estate license and land use certificate. Otherwise, compensate the other party for all economic losses and 25% of the total house price as liquidated damages.
7. This contract is made in duplicate, which shall come into effect after being signed and sealed.
Party A (seal): Tel:
Party B (Seal): Tel:
date month year
Housing Guarantee (Chapter II)
As (hereinafter referred to as the Guarantor) (hereinafter referred to as the Lender) has signed a loan contract (hereinafter referred to as the main contract) with the number of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
According to China's Contract Law, Real Estate Management Law and relevant regulations, on the basis of equality, voluntariness and consensus, Party A and Party B reach the following agreement on the purchase and sale of Party B's compensation house:
Article 1 Basic information of the house
The house purchased by Party B (hereinafter referred to as the house) is located in the house, with a construction area of square meters and the purpose of the house; There are no ancillary facilities in the house; (The house ownership certificate number is. )
Article 3 Price
Both parties agree that the total price of the above-mentioned real estate and affiliated buildings is RMB in words; That is RMB ¥ in figures.
Article 4 Time and Method of Payment
Party B shall pay the bank loan on behalf of the guarantor. The bank loan repaid by Party B on behalf of the guarantor is regarded as the house payment paid by Party B to Party A, and Party B does not need to pay the house payment to Party A any more.
Article 5 Time limit for house delivery
Party A shall deliver the house to Party B from the effective date of this contract.
Article 6 Property Rights Registration Agreement
After the Contract comes into effect, if Party A has obtained the ownership certificate of the house, it shall assist Party B to go through the registration formalities of ownership change with the real estate ownership registration authority within 3 days from the date when Party B actually takes over the house.
After the Contract comes into effect, if Party A fails to obtain the ownership certificate of the house, it shall actively go through relevant formalities when it meets the handling conditions, and shall assist Party B to go through the registration formalities of ownership change with the real estate registration authority from the date of obtaining the ownership certificate.
Article 7 Liability for breach of contract
If Party A fails to deliver the house within the time limit, Party A shall pay Party B a penalty of 5 times of the paid house price every day from the overdue date to the actual delivery date.
If Party A fails to assist Party B in handling the ownership certificate as agreed, Party A shall pay liquidated damages to Party B according to the paid house price and continue to handle the ownership certificate as agreed.
If Party A can handle the ownership certificate but exercise the right slowly, so that Party B can't handle the transfer formalities in time, Party A shall pay Party B a penalty of 5 times.
Article 8 Warranties and Commitments of Party A
The house under this agreement has ownership, no lease and no other owner. At the same time, for the sale of houses, there are no people who have the preemptive right, no other rights such as mortgage on houses, and no restrictions on the disposition of houses such as court seizure. Otherwise, Party A shall bear all responsibilities.
Gas, water, electricity, telephone, cable TV, network usage fee, health fee and other expenses that should be borne by Party A.. Before the delivery date of the house (including the land to which it belongs) under this agreement, the expenses that should be borne by Party A shall be borne by Party A. Party A promises to go through the formalities of confirming the above expenses and handing over relevant payment vouchers with Party B on the delivery date, and bear the expenses before the delivery date according to the above commitments.
Party A promises not to dispose of the house under this agreement before the guarantor's debts are paid off.
Article 9 Payment of taxes and fees
1. All taxes and fees required for Party A to handle the real estate ownership certificate, such as property registration fees and transaction fees, shall be borne by Party A. ..
2. All taxes and fees arising from Party A's transfer of real estate to Party B's name, such as transaction taxes and fees, property registration fees and transaction fees, shall be borne by Party A. ..
Article 11 Entry into force and modification of the contract
This contract shall come into effect as of the date when Party B assumes the guarantee responsibility for compensating the guaranteed party according to the guarantee contract.
During the performance of this contract, if either party needs to change this contract under special circumstances, the party requesting the change shall promptly notify the other party in writing and sign a written change agreement after obtaining the consent of the other party, which will become an integral part of this contract. Without a written document signed by both parties, neither party has the right to change this contract, otherwise, the economic losses caused to the other party shall be borne by the responsible party.
Article 12 Dispute settlement
Any dispute arising from the house sales contract between Party A and Party B shall be settled through consultation; If negotiation fails, a lawsuit may be brought to the people's court.
Article 13 Supplementary Provisions
This agreement is made in duplicate, each party holds one copy, which has the same legal effect.
Party A (signature): Party B (signature):
Signing place:
date month year
Housing Guarantee (Chapter III)
Mortgagee (Party A):
Mortgagee (Party B):
In order to ensure the performance of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as the main contract), the mortgagor (hereinafter referred to as Party A) is willing to take the real estate that it has the right to dispose of as collateral. The mortgagee (hereinafter referred to as Party B) agrees to accept Party A's real estate mortgage on the basis of fully understanding the ownership, use and management of Party A's real estate.
When Party A mortgages the house to Party B, the land use right of the occupied area of the house shall be mortgaged to Party B together. Based on the principle of equality and voluntariness, both parties have reached an agreement on the following real estate mortgage matters for common compliance.
Article 1 The real estate mortgaged by Party A is located in _ _ _ _ _ _ _ _ _
Article 2 According to the master contract, Party A and Party B confirm that the debtor is _ _ _ _ _ _ _ _ _ _;
The mortgage term starts from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 3 The value of the villa is RMB _ _ _ _ _ _ _ _ _ (in words), _ _ _ _ _ _ _ (in figures). According to the master contract, both parties confirm that the amount (principal) of the subject matter of Party B's creditor's rights is _ _ _ _ _ _ _ (in words) and _ _ _ _ _ _ (in figures), and the mortgage rate is _ _ _ _ _ _ _.
Article 4 Party A guarantees that the ownership of the above-mentioned real estate is clear. If there is any property right dispute or creditor's rights and debts, Party A shall be responsible for cleaning them up.
Article 5 Party B guarantees to fulfill its obligations under the main contract. If economic losses are caused by Party B's delay, Party B shall be liable for compensation.
Article 6 The mortgaged real estate is now used by _ _ _ _ _ _ _ _ _ _ _ _.
During the mortgage period, Party A shall undertake the obligation to repair and maintain the mortgaged real estate, and be responsible for ensuring that the mortgaged real estate is intact.
Article 7 During the mortgage period, Party A and Party B may negotiate to transfer, buy, sell and lease the villa.
Article 8 After this contract comes into effect, neither Party A nor Party B may change or dissolve this contract without authorization. If it is necessary to modify or terminate this contract, both parties shall reach a written agreement through consultation. Before reaching an agreement, the terms of this contract are still valid.
Article 9 During the mortgage period, when the mortgaged real estate is demolished and rebuilt, Party A must inform Party B in time, and change the mortgage contract or repay Party B's principal and interest with compensation for real estate demolition according to the specific circumstances, and go through the relevant registration procedures with the registration authority.
Article 10 When the mortgage expires, if the debtor fails to repay the principal and interest of the debt and fails to reach an extension agreement with Party B, the mortgaged real estate shall be handled according to legal procedures to pay off the principal and interest of the debt. If the proceeds from the disposal of the mortgaged real estate are insufficient to repay the principal and interest of the debt and bear the disposal expenses, Party B has the right to seek recourse separately; If there is any surplus after repaying the principal and interest of the debt, Party B shall return it to Party A. ..
Article 11 This contract is made in duplicate, with each party holding one copy.
Party A (signature): Party B (signature):
ID number: ID number:
Legal representative:
Tel: Tel:
Date of signing the contract: year month day.
Housing Guarantee (Chapter IV)
Private house sales contract
Seller (hereinafter referred to as Party A): ID card: Tel: Buyer (hereinafter referred to as Party B): ID card: Tel: Guarantor (hereinafter referred to as Party C): ID card: Tel: According to the principle of contract law, Party A and Party B sign a contract on the basis of equality, voluntariness and consensus, and both parties shall abide by it.
Article 1 Basic information of the house:
Party A's house is located in Zhaoyuchi Village, Baizhuang Neighborhood Committee, in which a unit on the east side of the third floor has doors and windows. The house is a unit (three bedrooms, one living room, one kitchen and one bathroom) with a construction area of 108 square meter.
Article 2 Selling price: Both parties agree that the total selling price of the above-mentioned house is RMB 10,000 only.
Article 3 Agreement on House Demolition:
After the signing of this contract, if the house is demolished by the government, Party A agrees that Party B has full authority to handle the demolition procedures of the house, and all the proceeds such as demolition compensation and resettlement house shall be owned by Party B, and Party A shall not interfere.
Article 4 Agreement on resale of houses:
1. After the contract is signed, Party B has the right to resell the house to others, and all the sales amount belongs to Party B, and Party A shall not interfere.
2. The rights and interests owned by Party B in the contract also belong to the new buyer, and Party A needs to actively cooperate.
3. This contract is made in duplicate, one for each party, and shall come into effect as of the date of signature by both parties. Party A (signature):
Party B (signature):
Party C (signature): signed on.
Housing Guarantee (Chapter 5)
I am a resident of _ _ _ _ _ _ _ _
1、? Shall not lease the house to the lessee without legal and valid documents; ?
2. Sign a lease contract with the lessee. If the lessee is a floating population, guide or inform him to apply for residence registration and apply for a temporary residence permit in time.
3. Register the lessee's name, gender, citizenship number, permanent residence location, occupation, service organization, main income source, marriage and childbearing situation, contact telephone number and other basic information, and provide it to the flow management office for the record;
4. If the lessee is found to have illegal or suspected criminal activities, report to the public security organ in time and cooperate with the investigation;
5. Regularly check the safety status of the rental house, find and eliminate potential safety hazards in time, and ensure the living safety of the lessee;
6. If the lessee is a married migrant worker of childbearing age, he/she is required to show the marriage and childbearing inspection certificate and urge him/her to abide by the family planning policies and regulations. If there is pregnancy or childbirth, report to the family planning department in time.
7. If the house lease is stopped, the cancellation formalities shall be handled at the local flow management office in time.
Guarantor:
date month year
Housing Guarantee (Chapter VI)
Mortgagee (Party A):
Mortgagor (Party B):
Article 1 In order to ensure the performance of the loan contract (hereinafter referred to as the loan contract) signed by Party A and _ _ _ _ _ _ (hereinafter referred to as the borrower), Party B is willing to occupy the road (street) located in _ _ _ _ _ _ _ _.
Article 2 The guarantee scope of this mortgage contract includes the loan principal, interest (including compound interest and increased interest due to the borrower's default or overdue repayment), liquidated damages and compensation payable by the borrower, and expenses for realizing the loan creditor's rights and mortgage rights (including attorney fees and legal fees).
Article 3 The validity of this contract is independent of the secured loan contract, and the invalidity of the secured loan contract does not affect the validity of this mortgage contract.
Article 4 All expenses related to evaluation, insurance, appraisal, registration and storage under this contract shall be borne by Party B. ..
Registration of mortgage contract
Article 5 Party B irrevocably authorizes Party A to go through the mortgage registration and filing formalities with the relevant real estate management departments with this contract, loan contract, house purchase contract and a complete set of supporting documents related to mortgaged real estate after the signing of this contract.
Article 6 Party B irrevocably authorizes Party A to go through the formalities of formal mortgage registration of the mortgaged property with the relevant real estate management department in accordance with the provisions of relevant laws and regulations after obtaining the formal property right certificate of the mortgaged property, and deposit the certificate of other rights and mortgage registration certificate of the mortgaged property with Party A.. ..
Use and storage of collateral
Article 7 Party B shall ensure the reasonable use of the collateral, and shall not use the collateral in any way or use prohibited or excluded by the insurance clauses.
Article 8 Without the consent of Party A, Party B shall not make any substantial structural changes to the collateral. Where the collateral is increased due to Party B's violation of the Contract, it will be automatically converted into the collateral of the Contract.
Article 9 During the mortgage period, without the consent of Party A, Party B shall not transfer, lease, sell, re-mortgage, pay off debts, donate or dispose of the mortgaged property in any form. Any losses caused to Party A from this shall be borne by Party B. ..
Article 10 Party B shall take good care of the collateral, be responsible for repairing, maintaining and ensuring its integrity, and accept the supervision and inspection of Party A at any time. Any damage to the collateral shall be borne by Party B. ..
Article 11 Party B is responsible for paying all taxes and fees related to collateral. All losses caused to Party A due to Party B's failure to fulfill this obligation shall be compensated by Party B. ..
Collateral insurance
Article 12 Party B shall, within _ _ days after obtaining the mortgaged property, go to the insurance company designated by Party A to insure the mortgaged property according to the types of insurance designated by Party A ... The compensation scope of insurance shall include the damage and damage caused by any natural disaster, such as fire, flood, earthquake and other accidents; The insured amount shall not be less than the total repurchase amount of the collateral; The insurance period is until the expiration date of the loan contract. If Party B fails to fulfill the due repayment obligations, the mortgagor shall continue to purchase insurance until the loan principal and interest under the loan contract are fully paid off.
Article 13 Party B shall submit the original insurance policy to Party A for safekeeping within 10 days after completing the insurance formalities. The first beneficiary of the insurance policy must be Party A, and the insurance policy shall not be accompanied by any restrictive clauses that damage or affect Party A's rights and interests, or any clauses that are not liable for compensation (unless Party A agrees in writing).
Article 14 Party B irrevocably authorizes Party A to be the agent of the above insurance matters, accept or control the insurance compensation, and use the insurance money to repair the damaged part of the mortgaged house or pay off the money owed to Party A by the borrower under the main repayment contract. This authorization shall not be revoked unless Party A agrees.
Article 15 During the mortgage period, Party B shall not interrupt or cancel the above insurance for any reason. Otherwise, Party B shall unconditionally compensate Party A for all the losses suffered as a result.
Article 16 If Party B violates the above insurance clauses, Party A may purchase insurance for Party B according to the insurance clauses in this contract, and all expenses shall be paid by Party B. ..
Article 17 During the mortgage period, if the collateral is damaged beyond the scope of insurance liability, Party B shall provide a new guarantee for the damaged part in time and go through the corresponding formalities.
Disposal of collateral
Article 18 In the following circumstances, Party B agrees that Party A has the right to dispose of the collateral in advance:
(a) according to the loan contract, the loan contract expires in advance;
(2) Party B violates Articles 8, 10, 13, 14, 15, 16 and 18 of this Contract;
(3) Any dispute, lawsuit or arbitration may adversely affect the collateral.
Article 19 Party B guarantees that when the borrower fails to perform the terms stipulated in the loan contract, Party A has the right to receive priority compensation for the price of disposing of the collateral according to law.
Article 20 The funds under this mortgage contract shall be disposed in the following order:
(1) is used to pay all expenses incurred in dealing with collateral;
(2) It is used to withhold all taxes owed by Party B and all expenses payable;
(III) Deduct the loan principal and interest and all other payments that Party B should repay to Party A under this Contract.
Article 21 If the price of the mortgaged property exceeds the repayable part, Party A shall return it to Party B. ..
Mortgagor's statements and warranties
Article 22 Party B, while observing other terms of this contract, also makes the following statements and guarantees:
(1) All information provided to Party A is true and reliable, and there is no forgery or concealment of facts;
(2) Allow Party A or its authorized person to legally enter the mortgaged property for inspection at any reasonable time;
(3) When Party B's work unit and contact information change, it shall notify Party A in writing within ten days;
(IV) During the possession of the mortgaged property, Party B shall abide by the management regulations, pay all the management fees of the mortgaged property on time, and ensure that the mortgaged property is not sealed up or subjected to other legal proceedings. If Party B fails to perform the above responsibilities, it shall compensate Party A for the losses suffered as a result;
(V) In case of any lawsuit or arbitration that may adversely affect the collateral, Party B promises to notify Party A in writing within ten days.
fine
Article 23 If any party violates any clause of this contract and causes economic losses to the other party, it shall pay% of the loan balance under the loan contract to the other party as liquidated damages. If the liquidated damages are insufficient to make up for the losses of the other party, the breaching party shall also make compensation for the insufficient part.
Settlement of disputes
Article 24 Any dispute arising from the performance of this contract shall be settled by both parties through friendly negotiation. If negotiation fails, Party A and Party B shall jointly choose one of the following methods:
(a) submitted to the people's court where the mortgaged property is located for litigation;
(2) Submitting it to the Arbitration Commission for adjudication.
Article 25 During the unsettled period of the dispute, except for the disputed matters, all parties shall continue to perform other clauses stipulated in this contract.
Chita
Article 26 Other terms agreed by both parties:
(a) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _;
(2) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _;
(3) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _;
Article 27 After the borrower in the loan contract pays off the loan principal and interest and other expenses agreed in this contract on time, and performs all the clauses and other responsibilities in this contract, this contract is terminated. Party A will assist Party B to handle the mortgage cancellation registration formalities with the real estate management department and return the ownership certificate and receipt of the mortgaged property to Party B. ..
Article 28 This contract is made in duplicate, all of which are equally authentic. Each party holds one copy, and the registration authority keeps one copy.
Mortgagee's domicile: Mortgagor's domicile:
Tel: Bank of basic account:
Fax: Account number:
Postal code: Tel:
Fax:
Postal code:
Party A (official seal) and Party B (seal)
Person in charge (signature) Legal representative (signature)
Year, month, sun, moon, sun.
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