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House sales contract
House Purchase and Sales Contract 1 Seller: _ _ _ _ _ _ (hereinafter referred to as Party A)
Buyer: _ _ _ _ _ _ (hereinafter referred to as Party B)
After consultation, Party A and Party B unanimously agree to conclude the following contract terms for compliance.
1. Party A voluntarily locates at _ _ _ _ _ _ _ _ _ Road, Qiudi, Baokang Town, Zhongqi, Zuo Ke City, Tongliao City.
Building number, house number, building area of _ _ _ _ _ _ square meters, and the house ownership certificate number is sold to Party B by itself.
Two. For the above-mentioned house, both parties agree that the total house price is RMB two hundred and fifty thousand Yuan only (in figures: RMB 205,000.00 Yuan), which shall be sold by Party A to Party B. ..
3. Party B shall pay the house payment to Party A in two installments. In the first phase, both parties shall pay RMB 105,000 Yuan only (in figures: ¥ 65,438+005,000.0 Yuan) on the date when they sign the sales contract and confirm that the house can be registered without dispute; The balance of RMB one hundred thousand Yuan only (in figures: 1 00,000.00 Yuan) shall be paid before the second phase of 20xx 65438+ 10/. Party A shall issue a receipt after receiving each installment payment.
Verb (abbreviation of verb) Since the signing of this contract, Party A shall deliver to Party B the house key, receipt of electricity and water meter purchase, receipt of natural gas network access, original house ownership and other relevant documents.
6. When handling the registration of house property right transfer, Party A shall issue a written report on the application for house property right transfer to Party B. If Party A needs to come forward to handle it, Party A shall assist at any time. If the registration of property right transfer is affected due to Party A's delay, Party A shall be liable for the losses suffered.
7. Before the signing of this contract, all taxes and fees of this house shall be borne by Party A.. The transfer registration fee, deed tax, appraisal fee and stamp duty arising from this contract shall be borne by Party B. Other taxes and fees shall be borne separately according to relevant laws and regulations.
9. Party B shall pay the balance according to the time agreed in the contract. If Party B exceeds the agreed time, Party A may terminate the contract. Upon termination of this contract, the house price paid by Party B shall be owned by Party A as compensation.
X. Party A guarantees that the property right of the house it sells to Party B is clear, and there is no other right setting or other disputes, so it can move in normally. After Party B purchases and accepts the house, if the property right of the house is disputed, which affects Party B's exercise of rights, Party A shall be responsible for clearing up and compensating Party B for the losses.
XI。 This contract is made in duplicate, and shall come into effect as of the date of signing, with each party holding one copy.
Party A (signature): _ _ _ _ Party B (signature): _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Deadline:
Date, year and month
Part II of House Purchase and Sales Contract Seller (Party A):
ID number:
Address:
Contact telephone number:
Buying a house (Party B):
ID number:
Address:
Contact telephone number:
On the basis of equality, voluntariness and consensus, Party A and Party B reach the following agreement on Party B's purchase of Party A's private house:
Article 1 Party A voluntarily sells its house to Party B, and Party B has fully understood the specific conditions of the house and voluntarily purchased the house. The details of the house are as follows:
The house sold by Party A is located in _ _ _ _ _ _ _ _ _
Article 2 House price and other expenses:
Through negotiation between Party A and Party B, the total amount of the house sold by Party A is RMB _ _ _ _ _ _ _ _ _ (_ _ _ _ _);
Article 3 Payment method:
One-time payment on the day of signing the contract;
Article 4 Special agreement:
1. Because the house purchased by Party B is built on rural collective land. In the process of buying and selling the house, Party A shall actively and fully cooperate with Party B to solve the formalities that need the consent of the village committee or the approval of relevant departments. If there is any corresponding dispute, Party A shall be responsible for handling it.
2. If the house purchased by Party B can be used for real estate license in the future, Party A shall actively cooperate, but the relevant expenses shall be borne by Party B. ..
Article 5 The risk of damage or loss of the house shall be transferred to Party B from the date of formal delivery of the house.
Article 6 In the future, if Party B's house is rebuilt, Party A shall recognize Party B's housing area ... If national land acquisition, land compensation and housing area compensation are all owned by Party B, Party A shall be responsible for actively cooperating;
Article 7 After the signing of this contract, if the house price fluctuates, the buyer and the seller shall not go back on their word.
Article 8 For matters not covered in this contract, Party A and Party B shall negotiate separately and sign a supplementary agreement. The supplementary agreement has the same legal effect as this contract.
Article 9 This contract shall come into effect as of the date of signature by both parties.
Article 10 The floor plan of the second and third floors is attached to this contract;
Article 11 This contract is made in triplicate, with Party A holding one copy and Party B holding two copies.
Party A:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Part III of House Purchase and Sales Contract Party A (the Seller):
Party B (Buyer):
Through negotiation, Party A and Party B have reached the following terms on the house purchase and sales contract:
1. Party A voluntarily sells the real estate to Party B, and at the same time sells the land use right related to the sold real estate to Party B (with a copy of the property ownership certificate and the location map of the real estate).
2. Both parties agree that the total price of the above real estate and ancillary buildings is RMB one hundred and two thousand Yuan only; That is, RMB 100XX.
Three. When signing this contract, Party B shall pay a deposit of RMB 300,000.00 Yuan only, that is, RMB 300,000.00 Yuan only.
Four. Party B shall pay the down payment to Party A within 2 months from the date of payment (the down payment shall be deducted from it), and the money other than the down payment shall be delivered by bank housing mortgage (the relevant time limit and procedures shall be handled according to the regulations of the mortgage bank where it is located).
Verb (abbreviation of verb) Party A guarantees that the property is legal, the ownership is clear and the land use right is legal (the land transfer fee has been paid).
6. Relevant taxes and fees arising from handling the formalities of real estate license shall be borne by Party A. ..
7. After Party B pays the down payment, Party A will actively cooperate with Party B to handle the relevant property transfer procedures. When the house is transferred to Party B's name, Party B shall pay all the balance of the house price to Party A. ..
Eight. Party A shall deliver the house to Party B before 1 month; At that time, the property will be free of any guarantee, mortgage and property defects, and no one will rent or use it; No debts, such as telephone charges, utilities, property management fees, heating fees, internet access fees, cable TV fees, etc.
Nine, after the signing of this contract, if one party violates the terms of this contract, it shall pay the other party a penalty of 500,000 yuan; If one party fails to deliver the house property or pay the house price according to the regulations, it shall pay 50 yuan penalty to the other party for every day overdue, and 30 days overdue shall be regarded as breach of contract; This clause does not apply to the termination of the contract because the government and the bank stipulate that the real estate procedures involved in this contract cannot be transferred objectively or the bank cannot handle the mortgage.
X. When delivering the house, Party A shall not damage the structure, floor, walls and articles unsuitable for moving, and provide an exhaust fan (model: 1005648485), two air conditioners (model: 0 152468549) and a water heater (model:/kloc-0). Drinking machine (model: 1084759264), two stereos (model: 258695), clothes hangers, room lamps, front and rear window curtains, a computer desk, kitchen and bathroom facilities, etc. Transferred to Party B (included in the house value).
XI。 This agreement is made in duplicate, with the same legal effect, and shall come into force as of the date of signature by both parties.
Twelve. Additional terms:
1. After the transfer, Party A shall not interfere with Party B's renovation of the house under any pretext.
Party A (Seller):
(India) ID number:
Address:
Telephone:
Party B (Buyer):
(India) ID number:
Address:
Telephone:
Date:
Housing sales contract I. Concept of housing sales contract
A house sale contract is a contract in which one party transfers the ownership of the house to another party and the other party pays the price. The party that transfers ownership is the seller or the seller, and the party that pays the price to obtain ownership is the buyer or the buyer.
Second, the form of housing sales contract
The subject matter of the house sales contract is relatively large and important, and the law stipulates that it should be concluded in writing. Article 40 of the Urban Real Estate Management Law stipulates that "a written transfer contract shall be signed for the transfer of real estate". Article 28 of the Regulations on the Development and Management of Urban Real Estate stipulates: "In the sale of commercial housing, both parties shall sign a written contract. ..... "The above provisions are the legal basis for determining that the house sales contract should be in written form. According to the provisions of laws and relevant judicial interpretations, the written forms of housing sales contracts should include the following:
(1) Formal house sales contract
Formal housing sales contract is the basic type of written housing sales contract, which generally includes the basic terms of housing sales contract such as housing location, structure, construction area, price and its payment term, delivery term, quality standard, property right transfer registration, etc. Although laws and regulations do not stipulate that buyers and sellers must adopt a unified text of the house sales contract, when handling the registration of property rights transfer, the house property rights registration authority often requires the use of the standardized contract text formulated by the competent construction department, otherwise it will not be registered. However, it does not affect the establishment and effectiveness of written housing sales contracts, because there is no unified contract text. In practice, when buying and selling commercial housing, it is required to use the format text uniformly produced by the competent construction department. However, before signing the formal contract text, the developer usually provides the subscription book, appointment agreement and other appointment contract texts for the buyers to sign, some of which have the nature of this contract and are equivalent to the house sales contract. There is no uniform requirement for the format of the second-hand housing sales contract. Generally, buyers and sellers will draft a house sales contract based on consensus, which will take effect after being signed and sealed by both parties and will be performed accordingly. The standard contract filled in by the property right registration authority will only serve as the registration document.
(2) Employment contracts with specific conditions.
Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts (hereinafter referred to as the Judicial Interpretation of Commercial Housing Sales) stipulates: "The agreements on the subscription, ordering and booking of commercial housing include the Measures for the Administration of Commercial Housing Sales"; The main contents of the commercial housing sales contract agreed in Article 16, and the seller has accepted the purchase price as agreed, the agreement shall be deemed as a commercial housing sales contract. " According to the view of the First People's Court of the Supreme Court, the agreement on the subscription, ordering and booking of commercial housing is an appointment contract signed before the developer obtains the approval procedures for project establishment, planning and construction application and obtains the commercial housing sales license (in fact, the signing of the appointment contract is not limited to this period). In order to ensure the transaction safety, protect the owner's rights and interests, and promote the signing of the contract, it is stipulated that an appointment contract with the actual performance conditions of the contract is regarded as this contract. The author believes that this provision of judicial interpretation, although well-intentioned, has a general effect and is easy to mislead. First of all, there are as many as 13 items in the commercial housing sales contract stipulated in Article 16 of the Measures for the Administration of Commercial Housing Sales, while reservation contracts such as subscription books are standard contracts drawn up by developers, with few items of 13, so it is rare for buyers to protect their rights and interests according to this Article. Secondly, the basis for determining the nature of the contract is the content of the contract, not the name of the contract. If an appointment contract has the main contents of a commercial housing sales contract, it shall be recognized as a commercial housing sales contract and no longer has the nature of an appointment. Third, "the seller has accepted the payment as agreed" means that the sales contract has actually been fulfilled. Even if the appointment contract does not fully conform to the main contents of the commercial housing sales contract stipulated in Article 16 of the Measures for the Administration of Commercial Housing Sales, as long as the subject matter is clear and the price is determined, according to the relevant provisions of the Contract Law, it can be completely concluded that the housing sales contract between the two parties is established. If the machinery applies the provisions of the judicial interpretation, it will be concluded that the house sales contract should be established according to the Contract Law, but it cannot be established according to the judicial interpretation.
(3) Other written forms of the house sales contract.
Article 1 1 of the Contract Law stipulates: "Written form refers to forms that can tangibly express the content, such as contracts, letters, data messages (including telegrams, telex, faxes, electronic data exchange and emails)." According to the third paragraph of Article 3 of the Electronic Signature Law, "electronic signatures and data messages" are not applicable to documents "involving the transfer of real estate rights such as land and houses". Undoubtedly, the housing sales contract in the form of "data message" is excluded. Letters and other materials that record the intention of buying and selling houses in a tangible way between the two parties shall be recognized as other written contracts for buying and selling houses. In some cases, without a written contract, it is impossible to recognize the existence of an oral contract. The buyer claims that the house sales contract is established by the receipt or invoice of the house purchase price held by him. At this time, the receipt or invoice of the purchase price held by the buyer is not only a written contract form, but also evidence of the actual performance of the contract. If the location of the house specified in the receipt or invoice is specific and the house price is clear, it is deemed that the purchase contract between the two parties is established. The author believes that the existing written evidence must be able to prove three facts when other written forms of housing sales contracts are established: the expression of the meaning of housing sales, the specific location and price of housing.
3. What are the main terms of the house sales contract?
Housing sales contract refers to the agreement signed by the buyer and the seller on the basis of equal consultation. The house sales contract shall include the following main clauses:
1, both parties to the contract. Names, addresses, postal codes and telephone numbers of the buyer and the seller. If there is an entrusted agent, it also includes the name, address, postal code and contact telephone number of the entrusted agent.
2. goals. The subject matter is the object to which the rights and obligations of both parties to the contract point. In the house sales contract, the target is the house. This mainly includes the following contents:
The location of the house;
The area of buying and selling houses should indicate the actual construction area and the shared public construction area respectively;
Whether the house is an existing house or an auction house;
Housing supporting facilities and maintenance standards.
3. The price of the house and the time of payment. Generally, newly-built commercial houses and pre-sold commercial houses calculate the house price according to the building area of the houses bought and sold, that is, the price per square meter of building area is agreed, and then the unit price is multiplied by the building area to calculate the price that the house needs to pay. The sale of old houses sometimes directly stipulates the price to be paid for each house or house. Generally speaking, a payment schedule should be listed in the contract, and the buyer will pay the seller the required price for each installment according to this schedule.
4. Delivery cycle. The seller shall deliver the house to the buyer before a certain date. The buyer shall, from the date of actual acceptance of the house, register the ownership with the real estate property registration authority within the time limit specified by the real estate property registration authority, and the seller shall provide necessary assistance. Or the seller can do the above work on behalf of the buyer. Deliver the house ownership certificate (the owner is the buyer) to the buyer at the same time or after a period of time, and the relevant expenses shall be paid by the buyer.
5. Rights protection. The seller guarantees that there are no property rights disputes and financial disputes when the house is delivered, and the mortgage originally set by the seller has been settled when the house is delivered. After the delivery of the house, the seller shall bear all the responsibilities for the existing rights disputes before the delivery of the house.
6. Liability for breach of contract. The liability for breach of contract is the legal responsibility of the party who violates the contract. The stipulation of liability for breach of contract plays a very important role in urging the parties to perform the contract consciously and properly, protecting the legitimate rights and interests of non-breaching parties, maintaining the legal effect of the contract, and avoiding mutual disputes in the future. It should be clearly stipulated in the contract that the buyer should bear the liability for breach of contract if he fails to pay the house price on time, and the seller should bear the liability for breach of contract if he fails to deliver the house on time, and the house delivered by the seller does not meet the contract.
7. Other matters that both parties to the contract think should be agreed. Such as housing warranty responsibility, property management, community public facilities, etc.
Four, housing transfer procedures and fees
Real estate buyers and sellers shall sign real estate sales contracts. The text of the contract can be a model text formulated by the Housing and Land Administration Bureau or a self-made contract. If a self-made contract is adopted, the parties concerned shall entrust a legal service institution recognized by the Municipal Real Estate Bureau to conduct pre-trial before applying for transfer, and the legal service institution shall put forward pre-qualified opinions on the self-made contract that meets the requirements. The following registration procedures and fees are for your reference. Specific procedures and rates [1] are determined according to local policies and regulations.
To apply for registration of house ownership transfer, the following materials shall be submitted:
(1) Application for registration;
(2) the identity certificate of the applicant;
(three) all of the housing or real estate ownership certificate;
(four) materials to prove the transfer of ownership of the house;
(5) Other necessary materials.
The materials mentioned in Item (4) of the preceding paragraph may be sales contracts, exchange contracts, gift contracts, bequests, inheritance certificates, division agreements, merger agreements, legal documents that come into effect by the people's courts or arbitration committees, or other materials that prove the transfer of house ownership.
City, district and county real estate transaction management institutions shall, after accepting the application for transfer, review the application materials provided by the buyer and the seller, and the contents of the review are as follows:
1. Whether the materials provided by the parties are legal and valid;
Two, the contents of the application form and the materials provided are consistent and correct;
Three, the real estate ownership is clear, there is no ownership dispute or other unclear phenomenon, whether it belongs to the "real estate transfer measures" provisions shall not be transferred;
4. Whether the transferee can transfer the real estate according to the regulations;
5. Whether the purchased real estate has been mortgaged;
Six, the sale of leased real estate, whether the lessee gives up the preemptive right;
Seven, the sale of real estate owned by * * *, * * whether someone gave up the preemptive right;
Eight, the real estate transaction management institutions that other contents should be audited.
If the buyer and the seller are not satisfied with the decision made by the municipal, district and county real estate transaction management agencies not to transfer the ownership, they may apply to the Municipal Real Estate Bureau for administrative reconsideration or bring a lawsuit directly to the people's court.
The property transfer fee is as follows, but it may vary from place to place:
1, deed tax: ordinary residence: appraisal price *1.5%; Non-ordinary residence: appraised price *3%
2. Personal income adjustment tax: (evaluation price-original purchase price) *20%
3. Business tax: if the house has been purchased for less than two years, the appraisal price will be * 5.55%; Purchase of non-ordinary housing for more than two years: (evaluation price-original purchase price) * 5.55%; Ordinary housing purchased for more than two years is free of charge.
4. Property transaction fee: construction area *6 yuan/m2.
5. Stamp duty: appraisal price *0. 1%
6. Property ownership certificate fee: 85 yuan.
7. Land certificate fee: 105 yuan.
8. Transaction evaluation fee: evaluation price *0.3%
Four, the special provisions of the law on housing sales contracts
1. The house sales contract needs to be in written form, and the buyer and the seller need to agree on the location, area and price of the house in written form.
2. The ownership of the sale of urban housing must be registered by the housing registration authority before it can be transferred. If there is no registration, even if it is delivered, the transfer of rights will not happen.
3. When the house owned by * * * is sold or leased, other * * * owners or lessees shall enjoy the preemptive right under the same conditions.
Both parties shall conclude the contract on the principle of voluntariness, fairness, honesty and credibility, and neither party shall impose its will on the other. In order to embody the principle of voluntariness of both parties, blank lines are left after the relevant clauses in this contract text for both parties to make their own agreements or supplementary agreements. After the contract comes into effect, the unmodified printed text or printed words shall be regarded as the contents agreed by both parties. 5. The text of this contract is a model text used by the buyer and the seller in their own transactions. Where the transaction settlement funds are transferred through a real estate brokerage agency or a transaction guarantee agency with a "special account", the Agreement on Transfer of Transaction Settlement Funds for Stocking Houses signed shall be an annex to this Contract.
6. The main taxes and fees involved in the transfer registration of existing houses include but are not limited to: deed tax, stamp duty, land transfer fee (purchased public houses), comprehensive land price (affordable housing), business tax and surcharges, income tax, land value-added tax, etc.
7. If both parties choose to apply for arbitration to resolve disputes, they may apply to Beijing Arbitration Commission, China International Economic and Trade Arbitration Commission or other full-name arbitration commissions.
8. Both parties can decide the number of originals of this contract according to the actual situation, and carefully check when signing the contract to ensure the consistency of each contract.
Article 5 of the house purchase and sale contract: If the stock house that has obtained the house ownership certificate is purchased and sold from 20x 25438+001October 5, the parties concerned shall sign the stock house purchase and sale contract online before applying for transfer registration.
If the buyer and the seller reach a transaction by themselves and transfer the transaction settlement funds by themselves, they shall sign the contract online with the house ownership certificate and the identity documents of the parties to the online signing service window set up by the housing management department, and go through the transfer registration formalities with the contract text of online signing.
Where a real estate brokerage agency mediates or acts as an agent (including handling transfer registration procedures) for the purchase and sale of stock houses, or the buyers and sellers of self-transactions agree to transfer transaction settlement funds through a "special account", the relevant real estate brokerage agency or transaction guarantee institution will provide online signing service for the purchase and sale contract of stock houses.
Seller: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Buyer: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Beijing Municipal Construction Committee
Beijing Administration for Industry and Commerce
Article 6 of the House Purchase and Sales Contract Party A (Seller): ID number:
Party B (Buyer): ID number:
On the basis of equality, voluntariness and consensus, Party A and Party B conclude the following terms of this contract for compliance.
1. Party A voluntarily sells the house (building area of square meters) to Party B at the price of RMB.
2. Party B shall pay a contract deposit of RMB yuan to Party A. If Party A violates this contract, it shall be double indemnity; If Party B violates this contract, the deposit will not be refunded.
Three. When this contract is signed, neither Party A nor Party B has the conditions for transfer. Party A and the intermediary will provide Party B with the resettlement house purchase contract signed and sealed by Shiban Town Government and Fang Kai Company as the transaction basis. When the conditions for transfer are ripe, Party A shall assist Party B to handle the formalities of house property right. The deed tax and land transfer fee arising from this contract shall be borne by Party B. Other taxes and fees shall be borne in accordance with relevant laws and regulations.
Four. After the signing of this contract, Party A shall transfer the right to use, benefit, lease, guarantee, mortgage, sale and possession of the above-mentioned house to Party B. ..
Verb (abbreviation of verb) After signing this contract, Party A guarantees that Party B enjoys the same residence right as Party A, and Party B guarantees to pay all the property fees on schedule. After the signing of this contract, Party A shall not sign a sales contract with others for this house.
Liability for breach of contract of intransitive verbs
1. Party A shall deliver the house to Party B before. If Party A fails to deliver the house on the date stipulated in the contract, Party A shall pay liquidated damages to Party B for each day overdue. If the overdue period exceeds months, Party B has the right to terminate this contract. When the Contract is terminated, Party A shall not only refund all the house payment received to Party B, but also compensate Party B for the economic loss of RMB.
2. Party B fails to pay according to the payment date and method stipulated in this contract. Party B shall pay the overdue part to Party A according to the calculated liquidated damages. If the overdue period exceeds months, Party A has the right to terminate the contract. Upon the termination of this contract, the house price paid by Party B shall be regarded as compensation for Party A's losses. ..
3. If the house sold by Party A has quality problems that affect Party B's right to live, Party A shall bear all the responsibilities and compensate Party B for the losses.
4. After the signing of this contract, neither party may change or terminate the contract without authorization. If the Contract is terminated due to major objective reasons, Party A shall return the house price to Party B according to the market evaluation price and compensate Party B for the house decoration expenses.
5. If the quality and function problems of the house are caused by the planning department or the design department, Party A shall notify Party B, and if there is any compensation, Party A shall return it to Party B in full.
Seven. Disputes 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 contract is signed according to law.
Eight. Other agreements.
Nine. This contract shall come into effect as of the date of signature or seal by both parties.
X this contract is made in duplicate, one for each party.
Party A: Party B:
date month year
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