Cooperative housing contract model
Party A: ________________
address:________________
telephone / fax:_____
Authorized representative: ____ position: _____
Party B: ________________
address:_______________
telephone / fax:_____
Authorized representative: ____ position: _____
First preface
According to the "Contract Law of the People's Republic of China", "The Urban Real Estate Management Law of the People's Republic of China" and other relevant laws and regulations, based on:
1. Party A has obtained the land use right of the land parcel located at ___ and numbered ___ by way of bidding on ___Year ___月___, the planned use of the plot is ______, the plot ratio is ___, the planned construction area For ___square meters, the land use rights are from ___year___month___day to ___year___month___day, the land use right certificate number is ____;
2. Party B is a real estate development enterprise with independent legal person qualification approved by the competent department to obtain the qualification of real estate development enterprise;
Party A and Party B signed this cooperative housing contract on the basis of equality, voluntariness and consensus.
The second cooperation building
Party A agrees to provide land use rights for the land parcels referred to in Article 1 above, and Party B agrees to provide construction funds according to the provisions of Article 3 of this contract. The two parties cooperate to develop and build the office building of _____ Building _____ And divide the property rights according to the provisions of Article 6 of this contract.
Article 3 Housing Funds
The construction fund is expected to be RMB __________ yuan, all of which will be provided by Party B. The actual construction cost is higher or lower than the estimated amount and is borne and enjoyed by Party B.
The construction fund refers to all the costs and expenses required after the contract is effective until the house experience is accepted and Party A obtains the real estate certificate. The construction fund does not include the land use fee payable by Party A for obtaining land use rights due to bidding or auction, or the land premium payable for obtaining land use rights due to the transfer method.
Article 4 Approval Procedure
Except for the approval procedures to be handled jointly by both parties, all the approval procedures including this contract shall be handled by Party B, but Party A shall be obliged to assist Party B in the approval process, including providing Party A without delay. materials needed.
Article 5 Design, Construction
Party A shall be responsible for the bidding and construction supervision of engineering design and construction. However, the design drawings that the property rights shall be distributed to Party A in accordance with Article 1 of this contract shall be approved and approved by Party A before being submitted for approval and implementation.
The bidding for engineering design shall be completed within ____ days after the commencement of this contract. The entire construction project shall commence within the first day after the commencement of this contract, and the completion acceptance shall be completed within the first month.
Article 6: Separation of property rights
The property rights of all buildings are divided by Party A and Party B in the following ways or proportions: Party A owns the property rights of ____ buildings and ____ houses, and Party B owns the property rights of ____ buildings.
Party B shall complete the real estate license of Party A which shall be part of the property right within _____ days after the completion of the project.
Article 7 Liability for breach of contract
1. If Party B fails to complete the bidding for the engineering design in accordance with the time specified in the second paragraph of Article 5 of this contract, or commences work within ____ days after the effective date of this contract, or completes the completion within ____ months In the acceptance work, Party A has the right to terminate the contract and has the right to request Party B to compensate for the loss.
2. Except for the delay caused by Party A's reasons, if Party B fails to complete the real estate certificate in accordance with the time stipulated in the second paragraph of Article 6, Party B shall pay Party A the liquidated damages according to the guidance rent price issued by the competent department.
3. If the application for approval or delay of the project is caused by Party A's reasons, Party B shall have the right to request Party A to pay Party B the liquidated damages according to the guidance rent issued by the competent authority when the delay is within ____ months; When the delay is more than three months, Party B has the right to terminate the contract and has the right to request Party A to compensate for the loss.
Article 8 Dispute Resolution
Any dispute arising from or in connection with this contract shall be negotiated in good faith and the negotiation shall be completed. It shall be submitted to the Shenzhen Branch of the China International Economic and Trade Arbitration Commission for arbitration in accordance with the arbitration rules implemented by the Association at the time of applying for arbitration. The arbitral award is The final game is binding on both parties.
Article 9: The contract takes effect
This contract is effective after approval by the competent government department.
person A person B:_______________________
Authorized representative: ____________ Authorized representative: ____________
date:______________________________________________
location:______________________________________________
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