204 commercial housing contract
Part 1 Contract background
Part 2 Advertising and samples
Part 3 Housing quality
Part 4 Housing space
Part 5 Housing area
Part 6 Construction equipment
Part 7 Electrical Section
Part 8 Heating and gas
Part 9 Decoration standards
Part 10 Indoor environment
Part 11 Outdoor Environment and Greening
Part 12 Communities and Facilities
Part 13 Price Payment
Part 14 Delivery of the house
Part 15 Initial Acceptance and Warranty
Part 16 Certificate of ownership
Part 17 Pre-property management
Part 18 Owners Committee
Part 19 Consumer Rights Protection
Part 20 Mortgage Guarantee
Part 21 Contract changes
Part 22 Contract termination and dissolution
Part 23 Check-out procedure
Part 24 Liability for breach of contract
Part 25 Buyer's loss
Part 26 Disputes and Others
Part 27 Contract Attachment File
Part 28 Laws, Regulations and Standards
Part 1 Contract background
Article 1, the principle of contract: In view of the fact that the buyers and sellers have caused many disputes because of the unclear contract, in order to fully protect the legitimate rights and interests of both parties and clarify the contractual obligations of the seller, the two parties are in accordance with the relevant provisions of the "Contract Law of the People's Republic of China" and other laws. The principle of equality, voluntariness, fairness, honesty and credibility, by consensus, reached this contract on the purchaser’s purchase of the seller’s commercial housing.
Article 2, text definition:
The term "contract", "this contract", "contract", etc. in the contract refers to the supplementary contract signed by both parties at present, the buyer and the buyer, and the other contract is the specific name of the contract;
The term "house", "own house", "commodity house" or "this commercial house" as used in this contract refers to the commodity house that is currently being sold, bought and sold by the parties to sign the contract;
The term "this building" or "building" as used in this contract refers to the building where the buyer's purchased commodity house is located;
The term “community” and “community” as used in this contract refers to the community in which the house is located;
The term “check-out” as used in this contract refers to the act of the buyer returning the right to purchase the house or obtaining the house to the buyer, and the seller shall refund the purchase price paid by the buyer.
Article 3, Contract Mark: The house is located in the floor room of the urban road. The current construction progress refers to the photos provided by the seller; the building where the house is located has a unit floor, and the house purchased by the buyer is in the unit level with natural habits. Orientation is Article 4. Resident purpose: The seller knows that the buyer purchases the commercial housing for his own residence, obtains profits through leasing, or obtains profits through timely transfer when the commercial housing appreciates, or exercises relevant ownership or usufructuary rights to obtain interest. The seller promises that after the buyer purchases the house, other houses in the building can only be used as residential buildings, and cannot be used as office space for the company to keep the living environment quiet and safe. If this standard cannot be met, the buyer has the right to cancel the contract and request to check out; if the buyer does not cancel the contract and ask for check-out, the seller will pay the buyer a daily penalty of one-thousandth of the total house price. .
Article 5: Place of Negotiation: During the signing and performance of this contract, the parties shall select the negotiating place in turn, which is the selling place number of the seller or the place number designated by the buyer and the agent of the buyer. ), all parties should prepare the archives and materials that should be provided during the meeting to save time.
Article 6: Land Rights: The project is approved by the relevant government agencies of Beijing Municipality. The approval number of the project is: The main contents of the approved file are: The original owner of the land is: The original land use right is: The land transfer contract number is: ; The land use license number is: The land use right period is: Year, the nature of the land use right is:
Article 7: Guarantee of rights: Considering that the current seller cannot provide the official “State-owned Land Use Certificate”, in order to guarantee the rights of the buyer, the seller promises to provide the buyer with the official “State-owned Land Use Certificate” before the date of the year, And there will be no guarantee mortgage record in the record of his rights. If the offer cannot be provided at the expiration date, the buyer has the right to request the checkout. The seller shall bear all the liability for breach of contract; if the seller does not agree to check out, or agree Before the date of check-out but without consent, the buyer will be required to pay back the full amount of the house price; the seller will pay the buyer a daily penalty of one-thousandth of the total house price due to the lack of the “State-owned Land Use Certificate”.
Article 8 and related licenses: The land use planning approval department is: , Construction project planning permit: , Construction land planning permit: . Construction permit department: , Construction permit: Construction permit: . Construction enterprise: Total design unit: , Construction Name of the teacher: , Registered architect number: , Total construction unit: , Supervisor unit: . Article 9, Sales license: The house sales license department is: , Housing sales license: ; The seller promises to have been in accordance with the Urban Real Estate Management Law The provisions of the ", can provide, handle and have all the files for handling sales licenses.
Article 10, the purchase process: the seller promises that the buyer of the first floor that the buyer wishes to purchase has signed a sale and purchase contract with other buyers, so that the buyer’s purchase purpose cannot be achieved; if the buyer finds the house If the sale and purchase contract is later than the date of signing of the sale and purchase contract, it shall be deemed to be discriminated against by the seller. The seller shall pay the buyer a liability for breach of contract: a penalty of 1,000 yuan per square meter, or a total amount of not less than 100,000. Yuan compensation.
Article 11 Standards for Commercial Housing: The applicable standards for commercial housing shall be: As the design and construction standard of this commercial housing. Acceptance of commercial housing: responsible for acceptance; responsible for quality evaluation.
Part 2 Advertising and samples
Article 12: Sales advertisement: The buyer publishes the advertisement in the first edition according to the seller on the date of the year, and refers to the seller to provide advertisements, and negotiates with the seller on the purchase of the commodity housing; the seller promises that the commercial housing and the surrounding environment are in compliance with the advertisement. In the content described, the two parties agree on the foreseeable content. If the two parties do not explain the details concerning the quality of the house, the decoration, the surrounding environment, etc., the advertisements and publicity materials provided or released by the seller can be used as evidence to prove the seller. Commitment to provide a description of the text and pattern in the advertisement.
Article 13: Advertising Content: If there is no special description in the area listed in the advertisement plan, the area used in the package shall be the same as the size of the house in the advertisement; if the actual situation and the number of advertisements exceed 3%, If such an error is obviously unfavorable to the buyer, the buyer has the right to cancel the contract and request to check out; if the contract is not released, the seller will pay the buyer a penalty of one-thousandth of the total house price on a daily basis. ......
Article 14: Model room: Considering that the model room produced by the current seller is an important reason for the buyer to purchase the house, the seller promises to provide the buyer with the quality, area and decoration standard of the house in the future, no less than the model room. For defects that are sufficient to affect quality, the buyer can choose the following two methods to require the seller to bear the liability for breach of contract:
Double compensation: the price change caused by the seller according to the quality, the buyer shall be liable for breach of contract at the price of the item and twice the installation and re-doing price, and shall be paid within one month from the date of check-in;
The contract is cancelled: the seller has the right to cancel the contract and request to check out; if the contract is not released, the seller shall repair the house, treat the house as unpaid before the repair, and pay the buyer a total of 1,000 yuan per day. One breach of contract.
Article 15, time between samples: The seller promises to save the model room within three years after the buyer is admitted, and promises to obtain the buyer's consent when removing the model room, otherwise the buyer will be paid 50,000 yuan compensation gold.
Part 3 Housing quality
Article 16: Quality Principle: Considering the price paid by the buyer, the acceptance criteria of the buyer's purchased house must not only meet the qualification requirements, but also meet the excellent standards; the seller must not fulfill the contractual obligations only by qualified housing quality. However, under the premise of meeting the basic quality requirements, it is also necessary to meet the buyer's special requirements, and prove that their acceptance criteria are all at an excellent level.
Article 17: Construction: The seller promises that all construction materials meet the requirements of the standards promulgated by the government or professional institutions, and the construction methods are also carried out in accordance with relevant government regulations. All material experimental results and operational specifications can be disclosed for the purchaser. Check it out.
Article 18: Earthquake prevention and disaster reduction: Considering that the buyer's purchased house will be used for a long time in the future, the seller should provide the buyer with the earthquake safety performance evaluation test report of the building so that the buyer's safety will be obtained in the future. Guarantee, otherwise the buyer has the right to cancel the contract and request to check out; if the contract is not lifted, the seller shall repair the house, treat the house as unpaid before the repair, and pay the buyer a total of 1,000 yuan per day. One breach of contract.
Article 19: The wall is straight: the wall and plane of the house shall be straight and the angle of inclination shall not exceed 0.1 degrees. The calculation method is: height difference/straight line distance; the situation of inconsistency shall not exceed the standard prescribed by the government; If this standard cannot be reached, the buyer has the right to cancel the contract and request to check out; if the contract is not released, the seller shall repair the house, treat the house as unpaid before the repair, and pay the total price to the buyer on a daily basis. One-thousandth of the liquidated damages.
Article 20: Waterproof: The roof shed has no water stains, the kitchen and the toilet are well waterproofed, and there is no water leakage or water seepage at the joint of the upper and lower water pipes and the floor; if the standard cannot be reached, the buyer has the right to cancel the contract and request to check out; If the contract requires check-out, the seller shall repair the house, treat the house as unpaid before the repair, and pay the buyer a penalty of one-thousandth of the total house price on a daily basis.
Article 21, Surface Crack: The seller promises that there is no crack inside the commercial house, the surface of the insulation layer is smooth, the tile floor is smooth, no burst, no gap; the seller guarantees that the settlement of the house is better than the highest requirement issued by the Beijing government. And provide the buyer with a test and evaluation report on the impact of possible accelerated subsidence or uneven settlement on quality. If the two sides cannot reach a consensus on whether it is a crack, the two sides randomly select three people from the building owners, and the three persons determine whether they are cracks, water leakage, water seepage, wall straightness, etc. The views of the three persons should be effective. evidence. The seller is obliged to apply for the relevant institution to evaluate the issue. If the seller does not apply, the seller is deemed to have a crack and the buyer has the right to cancel the contract and request to check out.
Article 22: Life of the house: The seller promises that the safe service life of the house is not less than 70 years. There will be no subject quality problem within 30 years, and the quality is sufficient to resist the adverse effects caused by the magnitude 8 earthquake; if it is not satisfied Under these conditions, the seller will compensate the buyer twice as much as the total amount of the house. If the buyer and his relatives are harmed, they shall pay 500,000 yuan in compensation in addition to the payment of all medical assistance expenses; If the cause of the death of the buyer and his relatives is caused, the relatives of the deceased will be paid 3 million yuan in compensation.
Article 23, Archives: Considering that the quality of the house will have a huge impact on the buyer's safety and income requirements in a considerable period of time in the future, providing a complete quality file is an unshirkable responsibility and obligation of the seller, to fully guarantee the purchase. In addition to submitting the completion acceptance record form, the seller shall also provide the following files to the buyer:
, the completion report of the construction unit;
, the project quality evaluation report of the supervision unit;
, quality inspection report of the survey unit;
And the approved files issued by the planning department;
And the water quality inspection qualified documents issued by the health department;
And the approved files issued by the environmental protection department;
, the fire safety inspection certificate issued by the fire department;
, elevator engineering supervision report;
, the quality warranty signed by the construction unit;
Seismic safety performance evaluation report issued by the earthquake assessment opportunity;
Article 24, file delivery:
The above files of the entire quality file shall be delivered to the buyer before the check-in. No such file shall not be deemed to be delivered; even if the buyer is admitted, the seller shall be entitled to one-thousandth of the liquidated damages per day;
If the above file cannot be delivered on time, the buyer has the right to cancel the contract and request to check out; if the contract is not released, the seller shall repair the house, treat the house as unpaid, and buy it on a daily basis. The person pays a penalty of one-thousandth of the total house price.
Article 25, Quality Standard: The design quality of commercial housing shall not be lower than the standard most favorable to the buyer issued by the relevant agencies of all levels of government. The specifications and standards listed at the end of this contract are mandatory for the seller to comply with. The standard of sex, that is, the quality of the house provided by the seller shall not be lower than the requirements of the specifications; if the standard cannot be reached, the buyer has the right to cancel the contract and request to check out; if the contract is not lifted, the seller shall not be released. The house should be repaired and treated as unpaid housing before the repair, and the buyer will be paid a penalty of one-thousandth of the total house price on a daily basis.
Article 26: Quality certificate: In consideration of the superior position of the seller, the seller shall provide the buyer with a declaration procedure and a quality evaluation report that proves its quality when the house is delivered; when the buyer objects to the report, The seller shall prove that the objection is not established; if the seller cannot prove it, it shall be regarded as having a quality defect, and shall not be regarded as a house of payment until it has been eliminated.
Article 27, Quality Evaluation: The seller shall provide a quality evaluation report before delivery to the commercial housing; the buyer has the right to inspect all the files related to the quality of the commercial housing, and has the right to entrust the relevant institutions to re-evaluate the quality of the commercial housing. These institutions may not be Registered or registered in the country; if the seller refuses to provide the file, or refuses to assist the buyer when applying for re-evaluation, it is deemed that the quality of the house does not meet the requirements and cannot be delivered; then the buyer has the right to cancel the contract and request to check out. If the contract is not lifted, the check-out is considered as unpaid, and the seller pays the buyer a penalty of one-thousandth of the total house price on a daily basis.
Part 4 Housing space
Article 28, commercial housing type: room, bathroom, toilet, kitchen, the use rate of this commercial housing:; housing height: mm; indoor net height: mm; the dimensions listed in the elevation are net height unless otherwise specified.
Article 29, living room size: length: width: height: other: ;
Article 30, study size: length: width: height: other: ;
Article 31, bedroom size: length: width: height: other: ;
Article 32, bathroom size: length: width: height: other: ;
Article 33, kitchen size: length: width: height: other: ;
Article 34, balcony size: length: width: height: other: ;
Article 35, Aisle size: Length: Width: Height: Other: ; Inside the stairs: Length: Width: Height: Other: ;
Article 36, important doors and windows: length: width: height: lower edge from the ground: ;
Article 37, storage space: length: width: height: other: ;
Part 5 Housing area
Article 38, building area:
, Text definition: The building area of commercial housing sales is the sum of the building area within the suite and the shared area shared.
The total construction area is: square meters, the building area within the set is: square meters, the balcony construction area: square meters, and the indoor wall area is: square meters...
Article 39, changes in building area:
Area: The agreed building area of the buyer's purchased house is square meters. If the area is between square meters after actual measurement, the two parties will settle the settlement according to the actual situation.
Exceeding the area: If the building area of the commercial house purchased by the buyer is more than square meters after actual measurement, the seller has no right to ask the buyer to pay the excess price, and the property right registration shall be handled according to the fact.
Insufficient area: After the actual measurement of the construction area of the commercial house purchased by the buyer is less than square meters, the seller shall pay the buyer more than the difference between the agreed construction area and the purchaser, and shall handle the payment according to the actual situation. Property registration, when the area is less than, the buyer has the right to cancel the contract and request to check out. If the contract is not lifted, the departure is considered as unpaid, and the seller pays the buyer a penalty of one-thousandth of the total house price on a daily basis.
Area cost: In view of the current deed tax applicable to the buyer's purchase of commercial housing area of 2%, if the area is enlarged due to the seller's reasons, the buyer has to pay higher taxes than the original tax rate, so more The tax paid shall be borne by the seller; the buyer shall also have the right not to pay the increase in various expenses caused by the expansion of the area, the seller must bear the payment, and the buyer reserves the right to check out.
Article 40, shared common area:
, Text definition: The shareable area is the building area that is in the same building as the commercial house and provides public services for the building.
Basic principle: This part exists only in the part of the building and connected to the building structure of the building and only provides non-profit services to the residents of the building. Buildings that do not meet this condition shall not be counted in the public pool. area.
And allocation: public foyer, elevator lobby, elevator shaft, elevator room, elevator machine room, pipeline well, fire control room, pump room and other equipment room for the service only; partition wall between the building and public building space And half of the horizontal projection area of the façade wall area.
Area verification: Due to the large scope of the shared area and the complicated operation process, the buyer can not check and verify, and may provide the contracting party with a chance of fraud; in order to ensure the fairness of the transaction, the seller is in accordance with the “Measures for Real Estate Measurement” and The Property Map provides the composition and size of the pool area so that the buyer can check the area according to his own conditions.
Article 41, the building area within the set:
Text definition: The building area in the set is the sum of the inner use area, the inner wall area and the balcony building area.
Area: The building area of the contracted house purchased by the buyer is square meters. If the area is between square meters after actual measurement, the two parties will settle the settlement according to the actual situation.
Exceeding the area: If the building area of the house purchased by the buyer is more than square meters after actual measurement, the seller has no right to ask the buyer to pay the excess price, and the property right registration shall be handled according to the measured area.
Insufficient area: after the actual measurement of the building area of the house purchased by the buyer is less than square meters, the seller shall double the purchase price to the buyer according to the difference between the building area and the agreed building area, and Property registration should be handled according to the measured area.
Increase in proportion: After the delivery of the house, if the building area and building area of the set increase compared with the contractual agreement, it shall increase by the same proportion. If the proportion of the increase of the building area is greater than the increase of the building area within the set, the buyer need not be any Increased area to pay for the fee.
The proportion is reduced: after the delivery of the house, if the building area and the building area within the set are reduced compared with the contractual agreement, it should be reduced by the same proportion; if the proportion of the reduced building area is less than the proportion of the building area within the set, the seller should follow the most A refund of the principle that is beneficial to the buyer, including requiring the seller to return the entire house or the room for which the change in area should be refunded, and the buyer has the right to choose one of many refund plans.
Article 42, the area used in the set:
, Text definition: The area used in the sleeve refers to the sum of the horizontal projected areas enclosed by the inner surface of the space wall for each function.
Area composition: bedroom area: square meter, study area square meter, living room area: square meter, bathroom area are: square meters; the area number is based on the seller's existing floor plan paper.
Article 43, Changes in the area of use:
Area: The agreed use area of the house purchased by the buyer is square meters. If the area is between square meters after actual measurement, the two parties will settle the settlement according to the actual situation.
Exceeding the area: If the purchase area of the commercial house purchased by the buyer is more than square meters after the actual measurement, the seller has no right to ask the buyer to pay the excess price, and the property right registration shall be handled according to the actual measurement result.
Insufficient area: after the actual use of the purchaser's purchased commercial housing area is less than square meters, the seller shall pay the buyer more than the difference between the agreed use area and the buyer, and should be based on the measured results. Register property rights.
Article 44: Terrace area: Since the terrace area is not counted in the purchase area of the buyer, the seller will be entitled to: the right to use the square meter terrace is delivered to the buyer, and the buyer is not required to pay during use. Property management fee; if the seller or a third party or administrative agency obstructs the buyer from using this part of the area, the seller shall calculate the amount that should be refunded to the buyer based on three times the average house price and the total area of the terrace.
Article 45. Area measurement: The common part, area and full length dimension of the house allocation shall be indicated. After measurement, a measurement report conforming to the “Measurement Rules for Real Estate” and “Chart of Real Estate” shall be provided to enable the buyer to have the right to Get precise details.
Article 46: Measuring agency: The measuring institution shall be an institution that has obtained the measurement qualification issued by the surveying and mapping professional management institution of the central government agency, and the measurement obligation shall not be entrusted to others; if the data measured by the institution without professional qualification is invalid, the buyer has the right to refuse to pay. Room payment.
Article 47. Area verification: The buyer has the right to verify any size according to the measurement report. Such verification does not require complicated measurement tools, and measurement can be performed only by measuring tools such as meters and meters purchased in any market; The buyer has the right to measure the full length, width and height of the room before or after check-in; if it is necessary to measure the whole building, the seller is obliged to provide the buyer with drawings related to the building, and buy and receive People can also call other owners in the building to make measurements together.
Article 48. Measurement Controversy: Before the buyer is admitted, he has the right to hire a qualified institution to take measurements. If the measurement result is different from the measurement provided by the seller, the parties have the right to request the court or relevant institution to make a final decision. Prior to this, the buyer had the right to check in first and pay the relevant fees based on the results most beneficial to the buyer's measurements.
Article 49: Notice to the scene: When the buyer measures the public area, if the size provided by the seller is found to be inconsistent with the facts, the seller may be notified to be present for joint measurement. Such notice may be by telephone or ordinary letter. Or a registered letter or express mail or fax, the seller should be present after the notice is known; if the refusal is not available, the buyer can make the measurement by himself.
Article 50. Conditions for breach of contract: If any result of the size obtained by the buyer by the agreed method does not conform to the drawings provided by the seller, the area of the pool provided by the seller is deemed to be illegal, and the buyer has the right to refuse to pay the The cost of the area; the seller shall not refuse to deliver the house on this ground, and shall still apply for the “Ownership Certificate” for the buyer in time.
Article 51. Liability for breach of contract: When the above-mentioned breach of contract conditions occur, the seller shall double the refund of the price of the pooled area within 3 days as a liquidated damages. If it cannot be returned, the overdue shall pay a penalty of 1% of the total price per day. .
Part 6 Construction equipment
Article 52, Water supply: The seller provides 24-hour water supply when the buyer is admitted. The water source is provided by the municipal agency. The pressure is: the seller provides 24-hour hot water at the time of the buyer's occupancy, the temperature is; the price. If not To reach this standard, the buyer has the right to cancel the contract and request to check out; if the buyer does not cancel the contract and ask for check-out, the seller will pay the buyer a daily penalty of one-thousandth of the total house price.
Article 53. Drainage facilities: The seller guarantees that the drainage facilities in the buyer's room can be used at the time of check-in. There are a total of leaks in the indoor drainage, which are distributed in the bathroom, kitchen, etc. If this standard cannot be met, the buyer has the right to cancel the contract and request to check out; if the buyer does not cancel the contract and ask for check-out, the seller shall pay the buyer a penalty for the day-to-date payment. The penalty is One thousandth of the price.
Article 54: Pipeline Sealing: The seller shall provide the pipeline pressure test data when the buyer is in check-in, and ensure that there will be no leakage of the pipeline; if the liquid or gas leaks inside the room, the buyer's decoration furniture is damaged, If the buyer cannot prove that he has no responsibility, the seller shall compensate 5 times the amount of furniture and 500 yuan per person per day to compensate the buyer for the cost and time spent on the decoration company, design and construction. . If the leakage of liquid or gas causes harm to the buyer or its relatives or other personnel, the seller shall bear the liability for breach of contract or tort.
Article 55, Pipeline Installation: The seller promises not to pass any public pipelines in the commercial housing. The so-called utility line means that the materials and gases in the pipeline do not directly enter the buyer's room from the inside of the pipe and are used by the buyer alone; if it is passed, it is regarded as a change of the contract, and the buyer has the right to refuse to pay any fee. And have the right to request the seller to make amendments; before the completion of the modification, it is deemed that the commercial housing is still delivered; if it cannot be modified, the buyer has the right to cancel the contract and request to check out; if the buyer does not cancel the contract and ask for check-out, The seller pays the buyer a penalty of one-thousandth of the total house price per day.
Article 56. Elevator use: This unit has a total of two elevators, and the model number is not less than 1000 kg. The number of elevators per elevator service must not exceed 50. The elevator lifetime warranty, the buyer can The elevator is used 24 hours and can reach the floor where the commercial house is located. The waiting time must not exceed 3 minutes. If this standard cannot be met, the buyer has the right to cancel the contract and request to check out; if the buyer does not cancel the contract and ask for check-out, the seller will pay the buyer a daily penalty of one-thousandth of the total house price. .
Article 57, Elevator Safety: The responsibility for elevator safety shall be borne by the seller. When the buyer or his relatives or other personnel are injured by the elevator, the victim and the relevant right holder have the right to request the seller to bear the liability for breach of contract and the infringement. responsibility.
Article 58: Fire-fighting facilities: The fire-fighting facilities provided by the seller are: and obtained the approval of the fire-fighting institution when the house is delivered; if the request cannot be fulfilled, the buyer has the right to cancel the contract and request the check-out; if the buyer is not If the contract is cancelled, the seller will pay the buyer a daily penalty of one-thousandth of the total house price.
Part 7 Electrical Section
Article 59, Electricity supply: The seller promises to provide electricity supply in accordance with the civil power standards that meet the municipal requirements, and promises not to provide electricity to the buyer by construction electricity; the power load KVA provided, the billing equipment is Socket position, quantity, power supply plan, usable time: year, month and day. If this requirement is not met, the buyer has the right to cancel the contract and request to check out; if the buyer does not cancel the contract and ask for check-out, the seller will pay the buyer a daily penalty of one-thousandth of the total house price. .
Article 60, Communication facilities: number of lines, export location: see the picture, the use time is: year, month and day, if this requirement is not met, the buyer has the right to cancel the contract and request to check out; if the buyer is not released If the contract requires check-out, the seller will pay the buyer a daily penalty of one-thousandth of the total house price.
Article 61, other lines: at least one cable TV data line, the exit position is:, use time: year month day. If this requirement is not met, the buyer has the right to cancel the contract and request to check out; if the buyer does not cancel the contract and ask for check-out, the seller will pay the buyer a daily penalty of one-thousandth of the total house price. .
Part 8 Heating and gas
Article 62, Heating equipment: Name of the heating equipment Model: Manufacturer: Applicable standards: . Safe use time 20 years, the seller guarantees the safety of the gas equipment, and bears the responsibility for the resulting product quality; At the time of the dispute, the seller bears the burden of proof of quality.
Article 63, technical indicators: when the room temperature is not lower than 20 degrees in the closed state, the monthly gas consumption is not higher than 300 cubic meters, temperature: humidity: the number of radiators. If this requirement is not met, the buyer The right to cancel the contract requires check-out; if the buyer does not cancel the contract and ask for check-out, the seller will pay the buyer a daily penalty equivalent to one-thousandth of the total house price.
Article 64, heating billing: heating price is not higher than the government-defined standards, billing methods and prices per square meter per month.
Article 65, time of use: The seller promises to open the heating supply on the day of the month. If this requirement cannot be fulfilled, the buyer has the right to cancel the contract and request to check out; if the buyer does not cancel the contract and ask for check-out, the seller will pay the buyer a liquidated damages on a daily basis. The penalty is the total price. One thousandth of the 66th, gas quality: gas equipment: Metering equipment: billing method and price: ; gas safety device is. Article 67, use time: gas delivery time is the year, month, day, such as If this requirement cannot be fulfilled, the buyer has the right to cancel the contract and request to check out; if the buyer does not cancel the contract and ask for check-out, the seller will pay one-thousandth of a thousand of the total house price on a daily basis.
Part 9 Decoration standards
Article 68: Interior decoration standards: indoor decoration shall not be lower than or exceed the following standards: “Formaldehyde release limit in wood-based panels and their products”, “Limited harmful substances in solvent-based wood coatings”, “Limited harmful substances in adhesives”, "Limited Hazardous Substances in Wood Furniture", "Limited Hazardous Substances in Wallpapers", "Limited Hazardous Substances in Polyurethane Coil Materials", "Release Limits of Hazardous Substances in Adhesives for Carpets, Carpet Liners and Carpets", "Concrete Plus" Release Limits, Radionuclide Limits for Building Materials and other safety standards.
Article 69, Construction Standards and Practices:
Hall: Ground _____, wall _____, ceiling _____, doors and windows _____, other _____;
, room: ground _____, wall _____, ceiling _____, doors and windows _____, other _____;
, kitchen: ground _____, wall _____, ceiling _____, doors and windows _____, other _____;
, Wei: Ground _____, wall _____, ceiling _____, doors and windows _____, other _____;
Other: ground _____, wall _____, ceiling _____, doors and windows _____, other _____;
If it is not stated in the preceding paragraph, it shall be determined by the "Renovation Construction Drawing" which is the attached file of this contract.
Article 70: Decoration materials: The quality of the materials and equipment provided by the seller must comply with the national standards. The quality inspection certificate and the name, specification, model, manufacturer's name, and factory address of the product with Chinese identification shall not be eliminated by the state. Architectural decoration materials and equipment. The materials and equipment provided by the seller must comply with national environmental standards, including but not limited to indoor air quality, radiation, lighting and noise intensity after completion, so that the buyer can achieve safe living and living purposes. If the seller violates the provisions of the preceding two paragraphs, it shall immediately replace and redo the materials, and the materials and equipment after replacement shall not be charged, and the original construction period shall remain unchanged.
Article 71, Material Prices: Materials and equipment used for construction shall be referred to as the “Main Material Quotation” as an attached file of this contract, and the “Annual Material Quotation” as an auxiliary file of this contract. The labor expenses of the seller shall be attached as the contract. The “Labor Fee Quotation” of the file; the seller shall indicate the name of the material and equipment, the name of the manufacturer, the address, the brand, the model, the specification, the grade, and the price in the “Main Material Quotation” and “Auxiliary Material Quotation”. And the number...
Article 72, decoration price: The total price of the house project is _____ yuan, including material fee _____ yuan, labor fee _____ yuan, management fee _____ yuan, design fee _____ yuan, garbage clear Shipping _____ yuan, tax _____ yuan, other expenses _____ yuan. The total project price is the sum of the price of each item. The total price and itemized price mentioned in the preceding paragraph are the seller's budget price. If the settlement price exceeds the budget price, the buyer shall pay the total project price according to the budget price; if the settlement price is lower than the budget price, the buyer shall pay the total project price at the settlement price. The seller’s quotation for material, labor, management, design, and garbage clearance shall not exceed the market average price of the fee at the time of signing this contract; if the seller’s quotation in this contract exceeds the market average price, If the two parties disagree with the average market price mentioned in the preceding paragraph, they may entrust the price assessment department to evaluate and the evaluation conclusion of the price assessment department shall be accepted by both parties.
Article 73, Remedy: If the materials and equipment provided and used by the seller are inconsistent with the provisions of the "Main Material Quotation" and "Auxiliary Materials Quotation", the buyer has the right to choose to deal with it in one of the following ways: People should accept:
If the buyer agrees to continue to use it, the seller shall be exempt from the cost of the materials and equipment;
If the buyer does not agree to continue to use, the seller shall replace and redo according to the provisions of the "Main Material Quotation" and "Auxiliary Material Quotation", and the replacement materials and equipment fees shall be halved, and the original construction period shall remain unchanged.
、 玻璃幕牆：考慮到玻璃幕牆可能對室內外環境產生不良影響，出賣人承諾未經過買受人同意，不使用玻璃幕牆，否則買受人有權解除買賣契約，買受人暫不解除契約的，則出賣人按總房價的千分之一每日向買受人支付違約金。
第74條、 品質保證：出賣人承諾裝修時將向買受人提供材料表與設計圖，如果沒有材料的詳細規格，則雙方認為由買受人將有權選擇最高品質的產品，而計價則由最低計價，例如：雙方如果沒有就門進行約定，則由買受人選擇價值5000元的門，則在最終結算時只能按1000元計價，由出賣人做為對買受人的賠償。
第75條、 裝修變更：買受人變更施工內容的，出賣人應當同意。工期、總價款、《主要材料報價單》和《輔助材料報價單》的內容相應變化的，經買受人書面確認後生效。
第76條、 違約責任：裝修交付使用時間為 年 月 日，如不能達到此交付時間要求並符合前述質量標準，則買受人有權解除契約要求退房；如買受人暫不解除契約要求退房，則出賣人向買受人按日支付相當於總房價千分之一的違約金。
第10部分 室內環境
第77條、 健康保證：考慮到房屋室內外的各項設備及設施將對買受人的健康產生長久的影響，因此出賣人承諾與本房屋的全部設計條件均依據政府的要求進行設計；如果存有可能導致疾病傳播的設計缺陷；如不能達到此標準，則買受人有權解除契約要求退房；如買受人暫不解除契約要求退房，則出賣人每日向買受人支付相當於總房價千分之一的違約金。
第78條、 日照時間：考慮到採光系決定房屋價格的重要構成內容，出賣人承諾房屋全年在日照時間最短的一天，其窗戶能夠接受的滿窗日照時間為6小時，由出賣人提供具體數據；如不能達到此標準，則買受人有權解除契約要求退房；如買受人暫不解除契約要求退房，則出賣人每日向買受人支付相當於總房價千分之一的違約金。
第79條、 自然通風：考慮到室內通風涉及買受人的安全，系決定房屋價格的重要構成內容，出賣人承諾其自然通風性能不低於政府商品房設計標準的最高要求，具體內容由出賣人提供數據；如不能達到此標準，則買受人有權解除契約要求退房；如買受人暫不解除契約要求退房，則出賣人每日向買受人支付相當於總房價千分之一的違約金。
第80條、 室內保溫：考慮到房屋保溫情況將對買受人的生活質量有重要影響，出賣人承諾室內保溫不低於政府商品房設計標準的最高要求，具體內容由出賣人提供數據；如不能達到此標準，則買受人有權解除契約要求退房；如買受人暫不解除契約要求退房，則出賣人每日向買受人支付相當於總房價千分之一的違約金。
第81條、 房屋隔熱：考慮到房屋隔熱情況將對買受人的生活質量有重要影響，出賣人承諾外牆隔熱不低於政府設計標準的最高要求，具體內容由出賣人提供數據；如不能達到此標準，則買受人有權解除契約要求退房；如買受人暫不解除契約要求退房，則出賣人每日向買受人支付相當於總房價千分之一的違約金。
第82條、 噪聲隔音：考慮到室內噪聲隔音將對買受人的身心健康有重要影響，出賣人承諾牆體隔聲情況不低於政府設計標準的最高要求，具體內容由出賣人提供數據；如不能達到此標準，則買受人有權解除契約要求退房；如買受人暫不解除契約要求退房，則出賣人每日向買受人支付相當於總房價千分之一的違約金。
第83條、 電磁輻射：考慮到室內外電磁輻射可能嚴重影響買受人的身體健康，出賣人承諾不低於政府設計標準的最高要求，具體內容由出賣人提供數據；如不能達到此標準，則買受人有權解除契約要求退房；如買受人暫不解除契約要求退房，則出賣人每日向買受人支付相當於總房價千分之一的違約金。
第11部分 室外環境與綠化
第84條、 周邊建築：本商品房周圍 米外無其他建築物，從本商品房各窗戶、門及門外50米內沒有公共垃圾處理場所、污水處理站、供變電站、公共停車場、有軌交通工具等其他設施。出賣人與本商品房相連的建築物中沒有任何飯店餐飲設施、洗浴場所等其他可能聲生油污、躁音等污染的設施，以免使買受人的居住環境受到不良影響。
第85條、 採光保障：出賣人應當知道在本樓房與其南側的建築物之間的距離，並承諾此距離絕對不會影響買受人所購房屋的採光；其間距係數不得小於1.8，以保證買受人所購商品房之室內的能夠直接被陽光所照射。
第86條、 環境綠化：本商品房 米範圍內不可能再建設任何非綠化設施，如不能達到此標準，則買受人有權解除契約要求退房；如買受人暫不解除契約要求退房，則出賣人每日向買受人支付相當於總房價千分之一的違約金。
第87條、 綠地定義：所謂綠地是處於房屋以外，種植於地面的自然植物，指高度不低於50厘米，可以包括楊樹、柳樹、槐樹、梧桐，其目的在於給買受人以心理上的舒適感覺，並且能夠產生隔音、清潔空氣的作用，綠化植物壽命不應低於10年。
第88條、 綠地面積：考慮到綠地面積將對買受人生活有重要影響，出賣人承諾本社區綠地面積為： 平方米，綠化率不應低於北京市標準，交付時綠化率的計算方法為地面綠地面積與總建築面積之比，房屋交付時本社區的綠化率不低於30%，交付使用時間： 年 月 日；如不能達到此要求，則買受人有權解除契約要求退房；如買受人暫不解除契約要求退房，則出賣人向買受人按日支付違約金，違約金標準為總房價的千分之一。
第89條、 氣味條款：本商品房敞開門窗後，不會聞到任何異味；室內在任何條件下均不會出現異味。雙方對是否是異味有爭議的，可以隨機選擇3人進行評價，以多數人的意見作為最終結果；此三人的決定如果未被執行，其決定應當在訴訟中作為決定性證據。
Part 2 Advertising and samples
Part 3 Housing quality
Part 4 Housing space
Part 5 Housing area
Part 6 Construction equipment
Part 7 Electrical Section
Part 8 Heating and gas
Part 9 Decoration standards
Part 10 Indoor environment
Part 11 Outdoor Environment and Greening
Part 12 Communities and Facilities
Part 13 Price Payment
Part 14 Delivery of the house
Part 15 Initial Acceptance and Warranty
Part 16 Certificate of ownership
Part 17 Pre-property management
Part 18 Owners Committee
Part 19 Consumer Rights Protection
Part 20 Mortgage Guarantee
Part 21 Contract changes
Part 22 Contract termination and dissolution
Part 23 Check-out procedure
Part 24 Liability for breach of contract
Part 25 Buyer's loss
Part 26 Disputes and Others
Part 27 Contract Attachment File
Part 28 Laws, Regulations and Standards
Part 1 Contract background
Article 1, the principle of contract: In view of the fact that the buyers and sellers have caused many disputes because of the unclear contract, in order to fully protect the legitimate rights and interests of both parties and clarify the contractual obligations of the seller, the two parties are in accordance with the relevant provisions of the "Contract Law of the People's Republic of China" and other laws. The principle of equality, voluntariness, fairness, honesty and credibility, by consensus, reached this contract on the purchaser’s purchase of the seller’s commercial housing.
Article 2, text definition:
The term "contract", "this contract", "contract", etc. in the contract refers to the supplementary contract signed by both parties at present, the buyer and the buyer, and the other contract is the specific name of the contract;
The term "house", "own house", "commodity house" or "this commercial house" as used in this contract refers to the commodity house that is currently being sold, bought and sold by the parties to sign the contract;
The term "this building" or "building" as used in this contract refers to the building where the buyer's purchased commodity house is located;
The term “community” and “community” as used in this contract refers to the community in which the house is located;
The term “check-out” as used in this contract refers to the act of the buyer returning the right to purchase the house or obtaining the house to the buyer, and the seller shall refund the purchase price paid by the buyer.
Article 3, Contract Mark: The house is located in the floor room of the urban road. The current construction progress refers to the photos provided by the seller; the building where the house is located has a unit floor, and the house purchased by the buyer is in the unit level with natural habits. Orientation is Article 4. Resident purpose: The seller knows that the buyer purchases the commercial housing for his own residence, obtains profits through leasing, or obtains profits through timely transfer when the commercial housing appreciates, or exercises relevant ownership or usufructuary rights to obtain interest. The seller promises that after the buyer purchases the house, other houses in the building can only be used as residential buildings, and cannot be used as office space for the company to keep the living environment quiet and safe. If this standard cannot be met, the buyer has the right to cancel the contract and request to check out; if the buyer does not cancel the contract and ask for check-out, the seller will pay the buyer a daily penalty of one-thousandth of the total house price. .
Article 5: Place of Negotiation: During the signing and performance of this contract, the parties shall select the negotiating place in turn, which is the selling place number of the seller or the place number designated by the buyer and the agent of the buyer. ), all parties should prepare the archives and materials that should be provided during the meeting to save time.
Article 6: Land Rights: The project is approved by the relevant government agencies of Beijing Municipality. The approval number of the project is: The main contents of the approved file are: The original owner of the land is: The original land use right is: The land transfer contract number is: ; The land use license number is: The land use right period is: Year, the nature of the land use right is:
Article 7: Guarantee of rights: Considering that the current seller cannot provide the official “State-owned Land Use Certificate”, in order to guarantee the rights of the buyer, the seller promises to provide the buyer with the official “State-owned Land Use Certificate” before the date of the year, And there will be no guarantee mortgage record in the record of his rights. If the offer cannot be provided at the expiration date, the buyer has the right to request the checkout. The seller shall bear all the liability for breach of contract; if the seller does not agree to check out, or agree Before the date of check-out but without consent, the buyer will be required to pay back the full amount of the house price; the seller will pay the buyer a daily penalty of one-thousandth of the total house price due to the lack of the “State-owned Land Use Certificate”.
Article 8 and related licenses: The land use planning approval department is: , Construction project planning permit: , Construction land planning permit: . Construction permit department: , Construction permit: Construction permit: . Construction enterprise: Total design unit: , Construction Name of the teacher: , Registered architect number: , Total construction unit: , Supervisor unit: . Article 9, Sales license: The house sales license department is: , Housing sales license: ; The seller promises to have been in accordance with the Urban Real Estate Management Law The provisions of the ", can provide, handle and have all the files for handling sales licenses.
Article 10, the purchase process: the seller promises that the buyer of the first floor that the buyer wishes to purchase has signed a sale and purchase contract with other buyers, so that the buyer’s purchase purpose cannot be achieved; if the buyer finds the house If the sale and purchase contract is later than the date of signing of the sale and purchase contract, it shall be deemed to be discriminated against by the seller. The seller shall pay the buyer a liability for breach of contract: a penalty of 1,000 yuan per square meter, or a total amount of not less than 100,000. Yuan compensation.
Article 11 Standards for Commercial Housing: The applicable standards for commercial housing shall be: As the design and construction standard of this commercial housing. Acceptance of commercial housing: responsible for acceptance; responsible for quality evaluation.
Part 2 Advertising and samples
Article 12: Sales advertisement: The buyer publishes the advertisement in the first edition according to the seller on the date of the year, and refers to the seller to provide advertisements, and negotiates with the seller on the purchase of the commodity housing; the seller promises that the commercial housing and the surrounding environment are in compliance with the advertisement. In the content described, the two parties agree on the foreseeable content. If the two parties do not explain the details concerning the quality of the house, the decoration, the surrounding environment, etc., the advertisements and publicity materials provided or released by the seller can be used as evidence to prove the seller. Commitment to provide a description of the text and pattern in the advertisement.
Article 13: Advertising Content: If there is no special description in the area listed in the advertisement plan, the area used in the package shall be the same as the size of the house in the advertisement; if the actual situation and the number of advertisements exceed 3%, If such an error is obviously unfavorable to the buyer, the buyer has the right to cancel the contract and request to check out; if the contract is not released, the seller will pay the buyer a penalty of one-thousandth of the total house price on a daily basis. ......
Article 14: Model room: Considering that the model room produced by the current seller is an important reason for the buyer to purchase the house, the seller promises to provide the buyer with the quality, area and decoration standard of the house in the future, no less than the model room. For defects that are sufficient to affect quality, the buyer can choose the following two methods to require the seller to bear the liability for breach of contract:
Double compensation: the price change caused by the seller according to the quality, the buyer shall be liable for breach of contract at the price of the item and twice the installation and re-doing price, and shall be paid within one month from the date of check-in;
The contract is cancelled: the seller has the right to cancel the contract and request to check out; if the contract is not released, the seller shall repair the house, treat the house as unpaid before the repair, and pay the buyer a total of 1,000 yuan per day. One breach of contract.
Article 15, time between samples: The seller promises to save the model room within three years after the buyer is admitted, and promises to obtain the buyer's consent when removing the model room, otherwise the buyer will be paid 50,000 yuan compensation gold.
Part 3 Housing quality
Article 16: Quality Principle: Considering the price paid by the buyer, the acceptance criteria of the buyer's purchased house must not only meet the qualification requirements, but also meet the excellent standards; the seller must not fulfill the contractual obligations only by qualified housing quality. However, under the premise of meeting the basic quality requirements, it is also necessary to meet the buyer's special requirements, and prove that their acceptance criteria are all at an excellent level.
Article 17: Construction: The seller promises that all construction materials meet the requirements of the standards promulgated by the government or professional institutions, and the construction methods are also carried out in accordance with relevant government regulations. All material experimental results and operational specifications can be disclosed for the purchaser. Check it out.
Article 18: Earthquake prevention and disaster reduction: Considering that the buyer's purchased house will be used for a long time in the future, the seller should provide the buyer with the earthquake safety performance evaluation test report of the building so that the buyer's safety will be obtained in the future. Guarantee, otherwise the buyer has the right to cancel the contract and request to check out; if the contract is not lifted, the seller shall repair the house, treat the house as unpaid before the repair, and pay the buyer a total of 1,000 yuan per day. One breach of contract.
Article 19: The wall is straight: the wall and plane of the house shall be straight and the angle of inclination shall not exceed 0.1 degrees. The calculation method is: height difference/straight line distance; the situation of inconsistency shall not exceed the standard prescribed by the government; If this standard cannot be reached, the buyer has the right to cancel the contract and request to check out; if the contract is not released, the seller shall repair the house, treat the house as unpaid before the repair, and pay the total price to the buyer on a daily basis. One-thousandth of the liquidated damages.
Article 20: Waterproof: The roof shed has no water stains, the kitchen and the toilet are well waterproofed, and there is no water leakage or water seepage at the joint of the upper and lower water pipes and the floor; if the standard cannot be reached, the buyer has the right to cancel the contract and request to check out; If the contract requires check-out, the seller shall repair the house, treat the house as unpaid before the repair, and pay the buyer a penalty of one-thousandth of the total house price on a daily basis.
Article 21, Surface Crack: The seller promises that there is no crack inside the commercial house, the surface of the insulation layer is smooth, the tile floor is smooth, no burst, no gap; the seller guarantees that the settlement of the house is better than the highest requirement issued by the Beijing government. And provide the buyer with a test and evaluation report on the impact of possible accelerated subsidence or uneven settlement on quality. If the two sides cannot reach a consensus on whether it is a crack, the two sides randomly select three people from the building owners, and the three persons determine whether they are cracks, water leakage, water seepage, wall straightness, etc. The views of the three persons should be effective. evidence. The seller is obliged to apply for the relevant institution to evaluate the issue. If the seller does not apply, the seller is deemed to have a crack and the buyer has the right to cancel the contract and request to check out.
Article 22: Life of the house: The seller promises that the safe service life of the house is not less than 70 years. There will be no subject quality problem within 30 years, and the quality is sufficient to resist the adverse effects caused by the magnitude 8 earthquake; if it is not satisfied Under these conditions, the seller will compensate the buyer twice as much as the total amount of the house. If the buyer and his relatives are harmed, they shall pay 500,000 yuan in compensation in addition to the payment of all medical assistance expenses; If the cause of the death of the buyer and his relatives is caused, the relatives of the deceased will be paid 3 million yuan in compensation.
Article 23, Archives: Considering that the quality of the house will have a huge impact on the buyer's safety and income requirements in a considerable period of time in the future, providing a complete quality file is an unshirkable responsibility and obligation of the seller, to fully guarantee the purchase. In addition to submitting the completion acceptance record form, the seller shall also provide the following files to the buyer:
, the completion report of the construction unit;
, the project quality evaluation report of the supervision unit;
, quality inspection report of the survey unit;
And the approved files issued by the planning department;
And the water quality inspection qualified documents issued by the health department;
And the approved files issued by the environmental protection department;
, the fire safety inspection certificate issued by the fire department;
, elevator engineering supervision report;
, the quality warranty signed by the construction unit;
Seismic safety performance evaluation report issued by the earthquake assessment opportunity;
Article 24, file delivery:
The above files of the entire quality file shall be delivered to the buyer before the check-in. No such file shall not be deemed to be delivered; even if the buyer is admitted, the seller shall be entitled to one-thousandth of the liquidated damages per day;
If the above file cannot be delivered on time, the buyer has the right to cancel the contract and request to check out; if the contract is not released, the seller shall repair the house, treat the house as unpaid, and buy it on a daily basis. The person pays a penalty of one-thousandth of the total house price.
Article 25, Quality Standard: The design quality of commercial housing shall not be lower than the standard most favorable to the buyer issued by the relevant agencies of all levels of government. The specifications and standards listed at the end of this contract are mandatory for the seller to comply with. The standard of sex, that is, the quality of the house provided by the seller shall not be lower than the requirements of the specifications; if the standard cannot be reached, the buyer has the right to cancel the contract and request to check out; if the contract is not lifted, the seller shall not be released. The house should be repaired and treated as unpaid housing before the repair, and the buyer will be paid a penalty of one-thousandth of the total house price on a daily basis.
Article 26: Quality certificate: In consideration of the superior position of the seller, the seller shall provide the buyer with a declaration procedure and a quality evaluation report that proves its quality when the house is delivered; when the buyer objects to the report, The seller shall prove that the objection is not established; if the seller cannot prove it, it shall be regarded as having a quality defect, and shall not be regarded as a house of payment until it has been eliminated.
Article 27, Quality Evaluation: The seller shall provide a quality evaluation report before delivery to the commercial housing; the buyer has the right to inspect all the files related to the quality of the commercial housing, and has the right to entrust the relevant institutions to re-evaluate the quality of the commercial housing. These institutions may not be Registered or registered in the country; if the seller refuses to provide the file, or refuses to assist the buyer when applying for re-evaluation, it is deemed that the quality of the house does not meet the requirements and cannot be delivered; then the buyer has the right to cancel the contract and request to check out. If the contract is not lifted, the check-out is considered as unpaid, and the seller pays the buyer a penalty of one-thousandth of the total house price on a daily basis.
Part 4 Housing space
Article 28, commercial housing type: room, bathroom, toilet, kitchen, the use rate of this commercial housing:; housing height: mm; indoor net height: mm; the dimensions listed in the elevation are net height unless otherwise specified.
Article 29, living room size: length: width: height: other: ;
Article 30, study size: length: width: height: other: ;
Article 31, bedroom size: length: width: height: other: ;
Article 32, bathroom size: length: width: height: other: ;
Article 33, kitchen size: length: width: height: other: ;
Article 34, balcony size: length: width: height: other: ;
Article 35, Aisle size: Length: Width: Height: Other: ; Inside the stairs: Length: Width: Height: Other: ;
Article 36, important doors and windows: length: width: height: lower edge from the ground: ;
Article 37, storage space: length: width: height: other: ;
Part 5 Housing area
Article 38, building area:
, Text definition: The building area of commercial housing sales is the sum of the building area within the suite and the shared area shared.
The total construction area is: square meters, the building area within the set is: square meters, the balcony construction area: square meters, and the indoor wall area is: square meters...
Article 39, changes in building area:
Area: The agreed building area of the buyer's purchased house is square meters. If the area is between square meters after actual measurement, the two parties will settle the settlement according to the actual situation.
Exceeding the area: If the building area of the commercial house purchased by the buyer is more than square meters after actual measurement, the seller has no right to ask the buyer to pay the excess price, and the property right registration shall be handled according to the fact.
Insufficient area: After the actual measurement of the construction area of the commercial house purchased by the buyer is less than square meters, the seller shall pay the buyer more than the difference between the agreed construction area and the purchaser, and shall handle the payment according to the actual situation. Property registration, when the area is less than, the buyer has the right to cancel the contract and request to check out. If the contract is not lifted, the departure is considered as unpaid, and the seller pays the buyer a penalty of one-thousandth of the total house price on a daily basis.
Area cost: In view of the current deed tax applicable to the buyer's purchase of commercial housing area of 2%, if the area is enlarged due to the seller's reasons, the buyer has to pay higher taxes than the original tax rate, so more The tax paid shall be borne by the seller; the buyer shall also have the right not to pay the increase in various expenses caused by the expansion of the area, the seller must bear the payment, and the buyer reserves the right to check out.
Article 40, shared common area:
, Text definition: The shareable area is the building area that is in the same building as the commercial house and provides public services for the building.
Basic principle: This part exists only in the part of the building and connected to the building structure of the building and only provides non-profit services to the residents of the building. Buildings that do not meet this condition shall not be counted in the public pool. area.
And allocation: public foyer, elevator lobby, elevator shaft, elevator room, elevator machine room, pipeline well, fire control room, pump room and other equipment room for the service only; partition wall between the building and public building space And half of the horizontal projection area of the façade wall area.
Area verification: Due to the large scope of the shared area and the complicated operation process, the buyer can not check and verify, and may provide the contracting party with a chance of fraud; in order to ensure the fairness of the transaction, the seller is in accordance with the “Measures for Real Estate Measurement” and The Property Map provides the composition and size of the pool area so that the buyer can check the area according to his own conditions.
Article 41, the building area within the set:
Text definition: The building area in the set is the sum of the inner use area, the inner wall area and the balcony building area.
Area: The building area of the contracted house purchased by the buyer is square meters. If the area is between square meters after actual measurement, the two parties will settle the settlement according to the actual situation.
Exceeding the area: If the building area of the house purchased by the buyer is more than square meters after actual measurement, the seller has no right to ask the buyer to pay the excess price, and the property right registration shall be handled according to the measured area.
Insufficient area: after the actual measurement of the building area of the house purchased by the buyer is less than square meters, the seller shall double the purchase price to the buyer according to the difference between the building area and the agreed building area, and Property registration should be handled according to the measured area.
Increase in proportion: After the delivery of the house, if the building area and building area of the set increase compared with the contractual agreement, it shall increase by the same proportion. If the proportion of the increase of the building area is greater than the increase of the building area within the set, the buyer need not be any Increased area to pay for the fee.
The proportion is reduced: after the delivery of the house, if the building area and the building area within the set are reduced compared with the contractual agreement, it should be reduced by the same proportion; if the proportion of the reduced building area is less than the proportion of the building area within the set, the seller should follow the most A refund of the principle that is beneficial to the buyer, including requiring the seller to return the entire house or the room for which the change in area should be refunded, and the buyer has the right to choose one of many refund plans.
Article 42, the area used in the set:
, Text definition: The area used in the sleeve refers to the sum of the horizontal projected areas enclosed by the inner surface of the space wall for each function.
Area composition: bedroom area: square meter, study area square meter, living room area: square meter, bathroom area are: square meters; the area number is based on the seller's existing floor plan paper.
Article 43, Changes in the area of use:
Area: The agreed use area of the house purchased by the buyer is square meters. If the area is between square meters after actual measurement, the two parties will settle the settlement according to the actual situation.
Exceeding the area: If the purchase area of the commercial house purchased by the buyer is more than square meters after the actual measurement, the seller has no right to ask the buyer to pay the excess price, and the property right registration shall be handled according to the actual measurement result.
Insufficient area: after the actual use of the purchaser's purchased commercial housing area is less than square meters, the seller shall pay the buyer more than the difference between the agreed use area and the buyer, and should be based on the measured results. Register property rights.
Article 44: Terrace area: Since the terrace area is not counted in the purchase area of the buyer, the seller will be entitled to: the right to use the square meter terrace is delivered to the buyer, and the buyer is not required to pay during use. Property management fee; if the seller or a third party or administrative agency obstructs the buyer from using this part of the area, the seller shall calculate the amount that should be refunded to the buyer based on three times the average house price and the total area of the terrace.
Article 45. Area measurement: The common part, area and full length dimension of the house allocation shall be indicated. After measurement, a measurement report conforming to the “Measurement Rules for Real Estate” and “Chart of Real Estate” shall be provided to enable the buyer to have the right to Get precise details.
Article 46: Measuring agency: The measuring institution shall be an institution that has obtained the measurement qualification issued by the surveying and mapping professional management institution of the central government agency, and the measurement obligation shall not be entrusted to others; if the data measured by the institution without professional qualification is invalid, the buyer has the right to refuse to pay. Room payment.
Article 47. Area verification: The buyer has the right to verify any size according to the measurement report. Such verification does not require complicated measurement tools, and measurement can be performed only by measuring tools such as meters and meters purchased in any market; The buyer has the right to measure the full length, width and height of the room before or after check-in; if it is necessary to measure the whole building, the seller is obliged to provide the buyer with drawings related to the building, and buy and receive People can also call other owners in the building to make measurements together.
Article 48. Measurement Controversy: Before the buyer is admitted, he has the right to hire a qualified institution to take measurements. If the measurement result is different from the measurement provided by the seller, the parties have the right to request the court or relevant institution to make a final decision. Prior to this, the buyer had the right to check in first and pay the relevant fees based on the results most beneficial to the buyer's measurements.
Article 49: Notice to the scene: When the buyer measures the public area, if the size provided by the seller is found to be inconsistent with the facts, the seller may be notified to be present for joint measurement. Such notice may be by telephone or ordinary letter. Or a registered letter or express mail or fax, the seller should be present after the notice is known; if the refusal is not available, the buyer can make the measurement by himself.
Article 50. Conditions for breach of contract: If any result of the size obtained by the buyer by the agreed method does not conform to the drawings provided by the seller, the area of the pool provided by the seller is deemed to be illegal, and the buyer has the right to refuse to pay the The cost of the area; the seller shall not refuse to deliver the house on this ground, and shall still apply for the “Ownership Certificate” for the buyer in time.
Article 51. Liability for breach of contract: When the above-mentioned breach of contract conditions occur, the seller shall double the refund of the price of the pooled area within 3 days as a liquidated damages. If it cannot be returned, the overdue shall pay a penalty of 1% of the total price per day. .
Part 6 Construction equipment
Article 52, Water supply: The seller provides 24-hour water supply when the buyer is admitted. The water source is provided by the municipal agency. The pressure is: the seller provides 24-hour hot water at the time of the buyer's occupancy, the temperature is; the price. If not To reach this standard, the buyer has the right to cancel the contract and request to check out; if the buyer does not cancel the contract and ask for check-out, the seller will pay the buyer a daily penalty of one-thousandth of the total house price.
Article 53. Drainage facilities: The seller guarantees that the drainage facilities in the buyer's room can be used at the time of check-in. There are a total of leaks in the indoor drainage, which are distributed in the bathroom, kitchen, etc. If this standard cannot be met, the buyer has the right to cancel the contract and request to check out; if the buyer does not cancel the contract and ask for check-out, the seller shall pay the buyer a penalty for the day-to-date payment. The penalty is One thousandth of the price.
Article 54: Pipeline Sealing: The seller shall provide the pipeline pressure test data when the buyer is in check-in, and ensure that there will be no leakage of the pipeline; if the liquid or gas leaks inside the room, the buyer's decoration furniture is damaged, If the buyer cannot prove that he has no responsibility, the seller shall compensate 5 times the amount of furniture and 500 yuan per person per day to compensate the buyer for the cost and time spent on the decoration company, design and construction. . If the leakage of liquid or gas causes harm to the buyer or its relatives or other personnel, the seller shall bear the liability for breach of contract or tort.
Article 55, Pipeline Installation: The seller promises not to pass any public pipelines in the commercial housing. The so-called utility line means that the materials and gases in the pipeline do not directly enter the buyer's room from the inside of the pipe and are used by the buyer alone; if it is passed, it is regarded as a change of the contract, and the buyer has the right to refuse to pay any fee. And have the right to request the seller to make amendments; before the completion of the modification, it is deemed that the commercial housing is still delivered; if it cannot be modified, the buyer has the right to cancel the contract and request to check out; if the buyer does not cancel the contract and ask for check-out, The seller pays the buyer a penalty of one-thousandth of the total house price per day.
Article 56. Elevator use: This unit has a total of two elevators, and the model number is not less than 1000 kg. The number of elevators per elevator service must not exceed 50. The elevator lifetime warranty, the buyer can The elevator is used 24 hours and can reach the floor where the commercial house is located. The waiting time must not exceed 3 minutes. If this standard cannot be met, the buyer has the right to cancel the contract and request to check out; if the buyer does not cancel the contract and ask for check-out, the seller will pay the buyer a daily penalty of one-thousandth of the total house price. .
Article 57, Elevator Safety: The responsibility for elevator safety shall be borne by the seller. When the buyer or his relatives or other personnel are injured by the elevator, the victim and the relevant right holder have the right to request the seller to bear the liability for breach of contract and the infringement. responsibility.
Article 58: Fire-fighting facilities: The fire-fighting facilities provided by the seller are: and obtained the approval of the fire-fighting institution when the house is delivered; if the request cannot be fulfilled, the buyer has the right to cancel the contract and request the check-out; if the buyer is not If the contract is cancelled, the seller will pay the buyer a daily penalty of one-thousandth of the total house price.
Part 7 Electrical Section
Article 59, Electricity supply: The seller promises to provide electricity supply in accordance with the civil power standards that meet the municipal requirements, and promises not to provide electricity to the buyer by construction electricity; the power load KVA provided, the billing equipment is Socket position, quantity, power supply plan, usable time: year, month and day. If this requirement is not met, the buyer has the right to cancel the contract and request to check out; if the buyer does not cancel the contract and ask for check-out, the seller will pay the buyer a daily penalty of one-thousandth of the total house price. .
Article 60, Communication facilities: number of lines, export location: see the picture, the use time is: year, month and day, if this requirement is not met, the buyer has the right to cancel the contract and request to check out; if the buyer is not released If the contract requires check-out, the seller will pay the buyer a daily penalty of one-thousandth of the total house price.
Article 61, other lines: at least one cable TV data line, the exit position is:, use time: year month day. If this requirement is not met, the buyer has the right to cancel the contract and request to check out; if the buyer does not cancel the contract and ask for check-out, the seller will pay the buyer a daily penalty of one-thousandth of the total house price. .
Part 8 Heating and gas
Article 62, Heating equipment: Name of the heating equipment Model: Manufacturer: Applicable standards: . Safe use time 20 years, the seller guarantees the safety of the gas equipment, and bears the responsibility for the resulting product quality; At the time of the dispute, the seller bears the burden of proof of quality.
Article 63, technical indicators: when the room temperature is not lower than 20 degrees in the closed state, the monthly gas consumption is not higher than 300 cubic meters, temperature: humidity: the number of radiators. If this requirement is not met, the buyer The right to cancel the contract requires check-out; if the buyer does not cancel the contract and ask for check-out, the seller will pay the buyer a daily penalty equivalent to one-thousandth of the total house price.
Article 64, heating billing: heating price is not higher than the government-defined standards, billing methods and prices per square meter per month.
Article 65, time of use: The seller promises to open the heating supply on the day of the month. If this requirement cannot be fulfilled, the buyer has the right to cancel the contract and request to check out; if the buyer does not cancel the contract and ask for check-out, the seller will pay the buyer a liquidated damages on a daily basis. The penalty is the total price. One thousandth of the 66th, gas quality: gas equipment: Metering equipment: billing method and price: ; gas safety device is. Article 67, use time: gas delivery time is the year, month, day, such as If this requirement cannot be fulfilled, the buyer has the right to cancel the contract and request to check out; if the buyer does not cancel the contract and ask for check-out, the seller will pay one-thousandth of a thousand of the total house price on a daily basis.
Part 9 Decoration standards
Article 68: Interior decoration standards: indoor decoration shall not be lower than or exceed the following standards: “Formaldehyde release limit in wood-based panels and their products”, “Limited harmful substances in solvent-based wood coatings”, “Limited harmful substances in adhesives”, "Limited Hazardous Substances in Wood Furniture", "Limited Hazardous Substances in Wallpapers", "Limited Hazardous Substances in Polyurethane Coil Materials", "Release Limits of Hazardous Substances in Adhesives for Carpets, Carpet Liners and Carpets", "Concrete Plus" Release Limits, Radionuclide Limits for Building Materials and other safety standards.
Article 69, Construction Standards and Practices:
Hall: Ground _____, wall _____, ceiling _____, doors and windows _____, other _____;
, room: ground _____, wall _____, ceiling _____, doors and windows _____, other _____;
, kitchen: ground _____, wall _____, ceiling _____, doors and windows _____, other _____;
, Wei: Ground _____, wall _____, ceiling _____, doors and windows _____, other _____;
Other: ground _____, wall _____, ceiling _____, doors and windows _____, other _____;
If it is not stated in the preceding paragraph, it shall be determined by the "Renovation Construction Drawing" which is the attached file of this contract.
Article 70: Decoration materials: The quality of the materials and equipment provided by the seller must comply with the national standards. The quality inspection certificate and the name, specification, model, manufacturer's name, and factory address of the product with Chinese identification shall not be eliminated by the state. Architectural decoration materials and equipment. The materials and equipment provided by the seller must comply with national environmental standards, including but not limited to indoor air quality, radiation, lighting and noise intensity after completion, so that the buyer can achieve safe living and living purposes. If the seller violates the provisions of the preceding two paragraphs, it shall immediately replace and redo the materials, and the materials and equipment after replacement shall not be charged, and the original construction period shall remain unchanged.
Article 71, Material Prices: Materials and equipment used for construction shall be referred to as the “Main Material Quotation” as an attached file of this contract, and the “Annual Material Quotation” as an auxiliary file of this contract. The labor expenses of the seller shall be attached as the contract. The “Labor Fee Quotation” of the file; the seller shall indicate the name of the material and equipment, the name of the manufacturer, the address, the brand, the model, the specification, the grade, and the price in the “Main Material Quotation” and “Auxiliary Material Quotation”. And the number...
Article 72, decoration price: The total price of the house project is _____ yuan, including material fee _____ yuan, labor fee _____ yuan, management fee _____ yuan, design fee _____ yuan, garbage clear Shipping _____ yuan, tax _____ yuan, other expenses _____ yuan. The total project price is the sum of the price of each item. The total price and itemized price mentioned in the preceding paragraph are the seller's budget price. If the settlement price exceeds the budget price, the buyer shall pay the total project price according to the budget price; if the settlement price is lower than the budget price, the buyer shall pay the total project price at the settlement price. The seller’s quotation for material, labor, management, design, and garbage clearance shall not exceed the market average price of the fee at the time of signing this contract; if the seller’s quotation in this contract exceeds the market average price, If the two parties disagree with the average market price mentioned in the preceding paragraph, they may entrust the price assessment department to evaluate and the evaluation conclusion of the price assessment department shall be accepted by both parties.
Article 73, Remedy: If the materials and equipment provided and used by the seller are inconsistent with the provisions of the "Main Material Quotation" and "Auxiliary Materials Quotation", the buyer has the right to choose to deal with it in one of the following ways: People should accept:
If the buyer agrees to continue to use it, the seller shall be exempt from the cost of the materials and equipment;
If the buyer does not agree to continue to use, the seller shall replace and redo according to the provisions of the "Main Material Quotation" and "Auxiliary Material Quotation", and the replacement materials and equipment fees shall be halved, and the original construction period shall remain unchanged.
、 玻璃幕牆：考慮到玻璃幕牆可能對室內外環境產生不良影響，出賣人承諾未經過買受人同意，不使用玻璃幕牆，否則買受人有權解除買賣契約，買受人暫不解除契約的，則出賣人按總房價的千分之一每日向買受人支付違約金。
第74條、 品質保證：出賣人承諾裝修時將向買受人提供材料表與設計圖，如果沒有材料的詳細規格，則雙方認為由買受人將有權選擇最高品質的產品，而計價則由最低計價，例如：雙方如果沒有就門進行約定，則由買受人選擇價值5000元的門，則在最終結算時只能按1000元計價，由出賣人做為對買受人的賠償。
第75條、 裝修變更：買受人變更施工內容的，出賣人應當同意。工期、總價款、《主要材料報價單》和《輔助材料報價單》的內容相應變化的，經買受人書面確認後生效。
第76條、 違約責任：裝修交付使用時間為 年 月 日，如不能達到此交付時間要求並符合前述質量標準，則買受人有權解除契約要求退房；如買受人暫不解除契約要求退房，則出賣人向買受人按日支付相當於總房價千分之一的違約金。
第10部分 室內環境
第77條、 健康保證：考慮到房屋室內外的各項設備及設施將對買受人的健康產生長久的影響，因此出賣人承諾與本房屋的全部設計條件均依據政府的要求進行設計；如果存有可能導致疾病傳播的設計缺陷；如不能達到此標準，則買受人有權解除契約要求退房；如買受人暫不解除契約要求退房，則出賣人每日向買受人支付相當於總房價千分之一的違約金。
第78條、 日照時間：考慮到採光系決定房屋價格的重要構成內容，出賣人承諾房屋全年在日照時間最短的一天，其窗戶能夠接受的滿窗日照時間為6小時，由出賣人提供具體數據；如不能達到此標準，則買受人有權解除契約要求退房；如買受人暫不解除契約要求退房，則出賣人每日向買受人支付相當於總房價千分之一的違約金。
第79條、 自然通風：考慮到室內通風涉及買受人的安全，系決定房屋價格的重要構成內容，出賣人承諾其自然通風性能不低於政府商品房設計標準的最高要求，具體內容由出賣人提供數據；如不能達到此標準，則買受人有權解除契約要求退房；如買受人暫不解除契約要求退房，則出賣人每日向買受人支付相當於總房價千分之一的違約金。
第80條、 室內保溫：考慮到房屋保溫情況將對買受人的生活質量有重要影響，出賣人承諾室內保溫不低於政府商品房設計標準的最高要求，具體內容由出賣人提供數據；如不能達到此標準，則買受人有權解除契約要求退房；如買受人暫不解除契約要求退房，則出賣人每日向買受人支付相當於總房價千分之一的違約金。
第81條、 房屋隔熱：考慮到房屋隔熱情況將對買受人的生活質量有重要影響，出賣人承諾外牆隔熱不低於政府設計標準的最高要求，具體內容由出賣人提供數據；如不能達到此標準，則買受人有權解除契約要求退房；如買受人暫不解除契約要求退房，則出賣人每日向買受人支付相當於總房價千分之一的違約金。
第82條、 噪聲隔音：考慮到室內噪聲隔音將對買受人的身心健康有重要影響，出賣人承諾牆體隔聲情況不低於政府設計標準的最高要求，具體內容由出賣人提供數據；如不能達到此標準，則買受人有權解除契約要求退房；如買受人暫不解除契約要求退房，則出賣人每日向買受人支付相當於總房價千分之一的違約金。
第83條、 電磁輻射：考慮到室內外電磁輻射可能嚴重影響買受人的身體健康，出賣人承諾不低於政府設計標準的最高要求，具體內容由出賣人提供數據；如不能達到此標準，則買受人有權解除契約要求退房；如買受人暫不解除契約要求退房，則出賣人每日向買受人支付相當於總房價千分之一的違約金。
第11部分 室外環境與綠化
第84條、 周邊建築：本商品房周圍 米外無其他建築物，從本商品房各窗戶、門及門外50米內沒有公共垃圾處理場所、污水處理站、供變電站、公共停車場、有軌交通工具等其他設施。出賣人與本商品房相連的建築物中沒有任何飯店餐飲設施、洗浴場所等其他可能聲生油污、躁音等污染的設施，以免使買受人的居住環境受到不良影響。
第85條、 採光保障：出賣人應當知道在本樓房與其南側的建築物之間的距離，並承諾此距離絕對不會影響買受人所購房屋的採光；其間距係數不得小於1.8，以保證買受人所購商品房之室內的能夠直接被陽光所照射。
第86條、 環境綠化：本商品房 米範圍內不可能再建設任何非綠化設施，如不能達到此標準，則買受人有權解除契約要求退房；如買受人暫不解除契約要求退房，則出賣人每日向買受人支付相當於總房價千分之一的違約金。
第87條、 綠地定義：所謂綠地是處於房屋以外，種植於地面的自然植物，指高度不低於50厘米，可以包括楊樹、柳樹、槐樹、梧桐，其目的在於給買受人以心理上的舒適感覺，並且能夠產生隔音、清潔空氣的作用，綠化植物壽命不應低於10年。
第88條、 綠地面積：考慮到綠地面積將對買受人生活有重要影響，出賣人承諾本社區綠地面積為： 平方米，綠化率不應低於北京市標準，交付時綠化率的計算方法為地面綠地面積與總建築面積之比，房屋交付時本社區的綠化率不低於30%，交付使用時間： 年 月 日；如不能達到此要求，則買受人有權解除契約要求退房；如買受人暫不解除契約要求退房，則出賣人向買受人按日支付違約金，違約金標準為總房價的千分之一。
第89條、 氣味條款：本商品房敞開門窗後，不會聞到任何異味；室內在任何條件下均不會出現異味。雙方對是否是異味有爭議的，可以隨機選擇3人進行評價，以多數人的意見作為最終結果；此三人的決定如果未被執行，其決定應當在訴訟中作為決定性證據。
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- Korean swear words
- Construction engineering survey contract
- Real estate mortgage loan contract