Job Recruitment Website - Property management company - I am going to buy a second-hand house in Chengdu. What is a second-hand house contract?
I am going to buy a second-hand house in Chengdu. What is a second-hand house contract?
Parties to a contract
Seller (hereinafter referred to as Party A):
Buyer (hereinafter referred to as Party B):
According to the Contract Law of People's Republic of China (PRC), the Urban Real Estate Management Law of People's Republic of China (PRC) and other relevant laws and regulations, Party A and Party B, on the basis of equality, voluntariness and consensus, sign this contract for Party B's purchase of the real estate sold by Party A for mutual compliance.
Article 1 Party A agrees to sell the house (villa), which belongs to Party A and is located in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The property ownership certificate number is _ _ _ _ _ _ _ _ _ _ _.
Party A guarantees that all the information of the house is true, and promises and guarantees that the house has no ownership or economic disputes, and the ownership has no flaws. It belongs to the household registration, relevant relatives and property owners, and its written consent document is an annex to this contract, which has the same legal effect as this contract (attached: written consent document). At the same time, before the delivery of the house, Party A shall pay off the property management fee, water and electricity fee, cable TV fee, communication fee and _ _ _ _ _ _ _ _ _ _.
Party B has fully understood the house sold by Party A and is willing to buy the above house.
Article 2 Party A and Party B agree that the knock down price of the above-mentioned house is: the unit price is RMB yuan per square meter, and the total price is RMB yuan (in words: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
On the signing date of this contract, Party B shall pay Party A RMB Yuan only (in words: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The down payment will offset the house price at the last payment.
In view of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 3 Time and method of payment (If a third-party supervision account is established, Party A and Party B may sign a separate agreement with a third party to clarify the rights and obligations of the third party, which shall be an annex to this contract and have the same legal effect as this contract).
Party A and Party B agree to pay the house price according to Option:
1. Party A and Party B agree to make a lump sum payment.
□ Party A and Party B agree to pay the down payment (excluding down payment/advance payment) of RMB _ _ _ _ _ _ _ _ _.
□ Party A and Party B agree to set up a third-party supervision account by _ _ _ _ _ _ (law firm). Party B will pay the total payment of RMB _ _ _ _ _ _ _ _. The third party shall inform Party A and Party B that Party B shall handle the transfer formalities within _ _ _ _ _ _ days after receiving the house payment, and remit the house payment to Party A's account on □ days after the house is delivered and the house transfer formalities are completed, according to the written payment confirmation notice issued by Party B. ..
2. Party A and Party B agree to pay by bank mortgage, and agree to pay the down payment within _ _ _ _ _ days from the date of signing this contract, that is, RMB _ _ _ _ _ _ _ _ (in words: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Apply for bank mortgage with the remaining house price of _ _ _ _ _ _ _ _ _ (in words: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
[If Party A and Party B agree on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party A shall assist Party B in handling the bank mortgage formalities and prepare the materials needed for handling the mortgage formalities.
3. Party A and Party B agree to pay the above-mentioned house price to Party A in _ _ _ _ _ _ _ installments, with the specific payment date, amount and method as follows:
□( 1) Party A and Party B agree to pay the house purchase price (excluding deposit/advance payment) of RMB _ _ _ _ _ _ _ (in words: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(2)……
(3) Pay (the penultimate payment) RMB _ _ _ _ _ _ (in words: _ _ _ _ _ _ _ _ _ _ _ _ _) to Party A on the day when the house transfer formalities are completed.
(4) (Finally) The remaining house payment (also known as the quality guarantee fund or the final payment) is RMB _ _ _ _ (in words: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _).
□ Party A and Party B agree that _ _ _ _ _ _ (law firm) will set up a third-party supervision account. And before _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ When Party B completes the transfer formalities within _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Fourth for the transfer of ownership and housing delivery.
1. Party A shall handle the property transfer formalities under this contract for Party B within the time specified in Article.
(1) within _ _ _ _ _ _ _ _ years.
(2) Within _ _ _ _ _ days from the date of receiving all the purchase price.
(3) Within _ _ _ _ days after receiving the notice from the third party that Party B has paid in full.
2. Handle the transfer formalities on behalf of (it can be agreed separately and has the same legal effect as this contract).
Party A and Party B agree that _ _ _ _ _ _ _ _ _ (law firm/third party) shall handle the transfer formalities. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. Party A shall, within _ _ _ _ _ _ _ years.
Article 5 Tax and fee commitments (multiple choices are allowed)
□ Party A and Party B shall abide by the national real estate policies and regulations, and pay the taxes and fees required for handling the real estate transfer formalities as required. Party A shall undertake _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
□ After negotiation by both parties, the transaction tax shall be borne by _ _ _ _ _.
□ Other expenses: (agency fees, attorney fees) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 6 Risk transfer, supporting facilities and expenses.
Party B has fully understood the structure, decoration and supporting facilities of the house. The risks of the house and supporting facilities shall be transferred to Party B from the delivery date of the house.
The transaction price listed in Article 2 of the Contract includes the matching price of the property. The ancillary equipment attached to the real estate and the equipment that cannot be removed (or attached) after the ownership transfer are: (Party A guarantees the normal use of its ancillary equipment, and if it is lost or damaged on the delivery date, it shall compensate according to the market price of the equipment) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
______________________________________________________________________________________
Before the delivery date, all expenses related to the house, including but not limited to water, electricity, gas, heating, communication, cable TV, property management fees and broadband fees, shall be paid by Party A according to relevant regulations. ..
[On the date of signing this contract, Party A reserves RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 7 Rights and obligations
Party A shall ensure that the water, electricity, communication and drainage facilities of the real estate under this contract are in good condition and can be used normally.
Party A guarantees that there are no property rights disputes, rights defects, house taxes, bank mortgage, household registration and other outstanding matters in the house traded under this contract.
Party A promises to vacate the house and move out of all accounts under the name of the house within _ _ _ _ _ _ _ _ _ _ _ _.
Party A shall assist Party B to handle the formalities of real estate transfer and bank mortgage loan.
Before Party A delivers the house, it shall pay all expenses such as water, electricity, gas, property, cable TV and communication. , and handle the transfer procedures of public maintenance funds, property and _ _ _ _ _ _ _.
Party B shall pay the house purchase price as agreed in the contract, and pay the balance after Party A has gone through the transfer formalities of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 8 Modification and Termination of the Agreement
1. After this contract comes into effect, neither party may change this contract without reaching a written agreement through consultation. If it is necessary to change the terms of this contract or sign a supplementary agreement on matters not covered, both parties shall reach an agreement through consultation and sign a written document.
2. Either party has the right to notify the other party in writing to terminate this contract when the following circumstances occur:
In the event of force majeure, one party is still unable to perform its main obligations after the deadline; Or both parties agree to terminate this agreement through consensus; Or other circumstances stipulated in laws, administrative regulations and this Agreement.
In either case, either party has the right to send a written notice of termination to the other party, and this agreement will be terminated when the written notice of termination reaches the other party.
If the other party suffers losses due to one party's breach of contract before the termination of this agreement, the other party still has the right to claim compensation, which is not affected by the termination of this agreement.
Article 9 Liability for breach of contract
1. After signing this contract, if Party B breaks the contract halfway, it shall notify Party A in writing. If Party A terminates the contract in the middle, Party A shall return the payment (excluding interest) paid by Party B to Party B within _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Party A shall notify Party B in writing and return the double deposit and the paid amount to Party B within _ _ _ _ _ days from the date of cancellation.
2. If Party A delays the delivery, Party B shall bear _ _ _ _ _% of the house price as liquidated damages on a daily basis from the overdue date; In case the payment is overdue for more than _ _ _ _ _ _ _ days, Party B shall have the right to terminate this Contract and demand Party A to pay liquidated damages and return the paid transfer price and bank interest for the same period.
3. If Party A fails to handle the transfer of the house and the house maintenance fund and the bank mortgage loan within _ _ _ _ days after Party B notifies Party A in writing, Party B has the right to terminate the contract and demand a double refund of the deposit and the payment.
4. Party A shall move out of the account on the date stipulated in this contract. If Party A moves out of the account within the time limit, Party B shall bear the liquidated damages of _ _ _% of the house price on a daily basis; In case the payment is overdue for more than _ _ _ _ _ _ _ days, Party B shall have the right to terminate this Contract and demand Party A to pay liquidated damages and return the paid transfer price and bank interest for the same period.
5. If Party A fails to handle _ _ _ _ _ _ _ _ _ _ _ _ and other transfer procedures as agreed, Party A shall pay Party B _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
6. If Party B delays payment, it shall pay a penalty equivalent to _ _ _% of the price to Party A for each overdue day; In case the payment is overdue for over _ _ _ _ _ _ days, Party A has the right to choose the following _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(1) Party A has the right to require Party B to pay all unpaid transfer price immediately, and claim liquidated damages according to this clause.
(2) Party A has the right to terminate this contract, and Party B shall be liable for compensation.
7. If either party fails to perform the contract for more than _ _ _ days, it shall be deemed as a breach of contract. Unless otherwise agreed by both parties, the breaching party shall be liable according to the provisions in the first paragraph of this article.
8. If the contract is invalid or unable to continue to be performed due to Party A's reasons (false promises), the deposit shall be returned twice and Party B shall be compensated for the losses incurred.
9. When a third party provides account supervision, if Party A or Party B violates the agreement or terminates the contract due to violation of the agreement, the other party will issue a default confirmation letter to the third party, and the third party will handle the funds in the supervision account according to the agreement.
Article 10 Force Majeure
1. The force majeure mentioned in this agreement refers to: earthquake, storm, flood or other natural disasters, plague, war, riot, hostile action, public disorder, acts of the public enemy, prohibition by the government or public authorities, changes in national laws and regulations, policy adjustments and other events that are unforeseeable, uncontrollable, inevitable or insurmountable by either party.
2. If a force majeure event causes either party to fail to perform its contractual obligations, the obligations shall be suspended when the force majeure event exists, and the performance period of the obligations shall be automatically postponed according to the suspension period.
3. The party suffering from force majeure shall notify the other party in writing within _ _ _ days after the force majeure event, and provide the other party with appropriate proof of the occurrence and duration of force majeure.
4. In case of force majeure, all parties shall immediately negotiate to find a fair solution, and shall do their utmost to terminate the force majeure or reduce its impact.
Article 13 Settlement of disputes
Any dispute arising from the interpretation and performance of this contract between Party A and Party B shall be settled through friendly negotiation. For disputes that cannot be settled through friendly negotiation, Party A and Party B choose the following dispute settlement methods:
1. Submit the dispute to the Arbitration Commission for arbitration according to its arbitration rules. The arbitral award is final and binding on both parties.
2. Bring a lawsuit to the people's court of _ _ _ _ _ _ _ _.
The validity, interpretation, performance and dispute settlement of this Agreement shall be governed by the existing laws and administrative regulations of People's Republic of China (PRC).
Article 14 For matters not covered in this contract, Party A and Party B may agree separately. After the supplementary agreement is signed by both parties, it has the same legal effect as this contract.
Article 15 The main body of this contract
1. Party A is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, and the entrusted agent is _ _ _ _ _ _ _ _ _ _, that is, the representative of Party A.
2. Party B is _ _ _ _ _, and its representative is _ _ _ _ _ _.
Article 16 This contract and its supplementary clauses shall come into effect after being signed (sealed) by both parties.
Article 17 This contract is made in duplicate. One is the property owner of Party A, one is the agent entrusted by Party A, one is Party B, and one is the municipal real estate trading center, and _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Seller (Party A): _ _ _ _ _ _ _ _ _ _ Buyer (Party B): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Signature: signature:
ID number: _ _ _ _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Position: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _
Agent (Party A): _ _ _ _ _ _ _ _ Agent (Party B): _ _ _ _ _ _ _ _ _ _
ID number: _ _ _ _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
See the applicant: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _
Post: _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _ _ _ _ _
Representative table: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
* * * Someone's opinion: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
* * * Someone (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _
Post: _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _
For more detailed instructions on buying second-hand houses, you can go to the public inquiry network.
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