Commercial housing pre-sale contract and subscription book (1)

February 22, 2005 Beijing Municipal Construction Committee and Beijing Administration for Industry and Commerce, Beijing Jianjiao [2005] No. 138

In order to regulate the sales behavior of commercial housing, safeguard the legitimate rights and interests of both parties, and strengthen the management of the city's real estate market, the Beijing Municipal Construction Commission and the Beijing Municipal Administration for Industry and Commerce are based on the "Contract Law of the People's Republic of China" and the "Urban Real Estate Management Law of the People's Republic of China". The "Beijing Municipal Real Estate Transfer Management Measures" and other laws and regulations have jointly formulated the "Beijing Commercial Housing Pre-sale Contract" and "Beijing Commercial Housing Subscription" model text. The relevant issues are hereby notified as follows:

1. The model text is applicable to the project of obtaining the pre-sale permit for commercial housing in the administrative area of ​​this Municipality. The model text of the “Beijing Commercial Housing Subscription Book” can also be applied to the existing housing project of commercial housing.

Second, all units should pay attention to collecting the problems found in the use of the model text, and timely feedback to the Municipal Construction Committee and the Municipal Industry and Commerce Bureau.

3. The model text was officially launched on March 15, 2005.

Description

1. The text of this contract is a model text, which is jointly formulated by the Beijing Construction Committee and the Beijing Administration for Industry and Commerce.

2. Before signing, the seller shall present the pre-sale permit for the commodity house and other relevant certificates and supporting documents to the buyer.

3. The parties shall conclude the contract in accordance with the principles of voluntariness, fairness and good faith, and neither party may impose its will on the other party. The parties may modify, add or delete the content of the text terms. After the contract is in force, the unprinted text is deemed to be the consent of both parties.

4. Before signing the pre-sale contract for commercial housing, the buyer should carefully read the terms of the contract, and should carefully review the content that is selective, supplementary, infill, and modifyable.

5. In order to reflect the voluntary principle of both parties to the contract, there is a blank line after the relevant clauses in the text of this contract, for the parties to agree or supplement the agreement. The seller and the buyer may sign a fair and reasonable supplementary agreement according to the specific conditions of the items sold, or the supplementary agreement may be made in the blank line after the relevant clauses.

6. The content selected in the text of the contract, the blank space and other contents that need to be deleted or added shall be determined by both parties through negotiation. The content selected in " " is selected by stroke; if the actual situation does not occur or the parties do not make an agreement, it should be marked in the space to delete.

7. If the parties have a dispute in the performance of the contract, they may choose to file a lawsuit in the people's court where the real estate is located, or they may choose to apply to the arbitration committee for arbitration. If you choose to apply for arbitration, you can apply to the Beijing Arbitration Commission, China International Economic and Trade Arbitration Commission, and the Foreign Arbitration Commission.

8. The parties may decide the original number of the contract according to the actual situation and carefully check it when signing the contract to ensure that the contents of each contract are consistent; in any case, the buyer should hold at least one original contract.

BF——2005——0117 Contract No.:

Beijing Commercial Housing Subscription

Selling person: ________________________________________

Buyer: _________________________________________

Beijing Municipal Construction Commission Beijing Municipal Administration for Industry and Commerce

This subscription is not a mandatory procedure for signing a commercial house contract. The two parties can sign a commercial house contract directly after consultation. If the subscriber subscribes for the commercial housing by means of the payment of the prepayment nature fee, this subscription is not applicable.

Seller: _______________________________________________________

mailing address:_____________________________________________________

Postal code: ________________________________________________________

Business license registration number:_______________________________________________

Enterprise qualification certificate number: _______________________________________________

Legal representative: ____________________ Contact number: _____________________

Attorney: ____________________ Contact number: _____________________

Commissioned sales agency: ____________________________________________

mailing address:_____________________________________________________

Postal code: ________________________________________________________

Business license registration number:_______________________________________________

Subscriber: ______________________________________________________

"Legal Representative" "Responsible Person": _______________ Nationality: __________________

"Identity Card", "Passport", "Business License Registration Number" "": ________________________

Date of birth: ______ years ______ months ______ days, gender: _____________________

mailing address:_____________________________________________________

Postal code: ______________________ Contact number: __________________

"Legal Agent" "Authorized Agent": _____________ Nationality: ________________

"Identity Card" "Passport" "": ____________________________________________

Date of birth: ______ years ______ months ______ days, gender: _____________________

mailing address:_____________________________________________________

Postal code: ______________________ Contact number: __________________

The first basic situation

The commodity house subscribed by the Subscriber is the ___________ "Building" "Seat" ___________ "Unit" "Layer" ___________ Room developed by the seller in the _______ District ________ project in Beijing, with the orientation: ___________ .

The purpose of the commercial housing is: ___________, the total construction area is ___________ square meters, of which the building area is ___________ square meters, and the shared area and shared housing share the building area _________ square meters.

Second sales basis

"1" The commercial housing is a pre-sale commercial housing. The pre-sale commercial housing approval authority is: _____________, and the pre-sale license number is: ________________________.

"2" The commercial house is an existing house, the building ownership certificate number is: _____________, and the state-owned land use certificate number is: _____________.

The third price and payment method

The commercial house is priced according to the “building area within the set”, the unit price is ________ yuan/square meter, and the total house price is ___________ yuan.

The commercial house is priced according to the "building area", the unit price is ________ yuan / square meter, and the total house price is ___________ yuan.

The commercial house is priced according to the "set", and the total house price is ___________ yuan.

The seller agrees that the subscriber will pay in accordance with the following ____:

1. One-time payment.

2. Instalment payment.

3. Payment by loan method.

4. Other ways.

The subscriber chooses the third way to pay, and the subscriber can pay ____% of the total purchase price in the first installment. The rest of the price can be paid to the __________ bank or the housing provident fund management institution.

Article 4 Subscription Deposit

The Subscriber shall pay the subscription deposit ________ yuan to the seller within ______ days from the date of signing this subscription; after the seller receives the deposit, the seller shall issue a receipt voucher to the subscriber and indicate the time of receipt. If the subscriber fails to pay the subscription deposit within the time limit, the seller has the right to cancel the subscription and has the right to sell the commercial housing to a third party.

The Subscriber agrees to negotiate with the seller the terms and conditions of the commercial house sale and purchase contract within _____ days from the date of payment of the deposit.

Article 5 If the subscriber fails to negotiate with the seller in the terms and conditions stipulated in the second paragraph of Article 4, the seller shall have the right to terminate the subscription. If the seller cancels the subscription, the deposit paid by the subscriber shall not be refunded, and the seller has the right to sell the commodity to another party.

Article 6 The Subscriber negotiates with the seller within the time limit stipulated in the second paragraph of Article 4 the relevant provisions of the commercial house contract, but the parties have not reached an agreement, exceeding the day after the expiration of the time limit stipulated in Article 4, paragraph 2 On the ___ day, this subscription is automatically cancelled; both parties may also cancel the subscription. The seller shall return the deposit received to the subscriber within ___ days from the date of termination of this subscription.

Article 7 If the seller sells the commercial house to a third party from the date when the subscriber pays the subscription deposit and the date of the termination of the subscription, the seller shall return the deposit to the subscriber twice.

Article 8 The buyer of the commercial housing is "I" and "relatives within the same household registration" "": __________.

Article 9 Other Agreements

_______________________________________________________________.

Article 10 This subscription book shall become effective after being signed and sealed by both parties. The subscription form shall be terminated by itself after the commercial house contract signed by the two parties comes into effect. After the termination of this subscription, the subscription deposit shall be “returned to the subscriber” and “returned to the commodity price”.

Article 11 A supplementary agreement may be signed for the unfinished business of this subscription book.

Article 12 This subscription is made in two copies, each party holding one copy and two copies having the same legal effect.

Seller: Subscriber:

"Legal Representative": "Legal Representative":

"Authorized Agent": "Responsible Person":

"Entrusted Sales Agency": "Authorized Agent":

Signing time: ___year ___month ___ day signing time: ___ year ___ month ___ day

Signing place: Signing place:

Beijing commercial housing pre-sale contract

Seller: _________________________________________________________

mailing address:________________________________________________________

Postal code: ________________________________________________________

Business license registration number:__________________________________________________

Enterprise qualification certificate number: __________________________________________________

Legal representative: ____________________ Contact number: ________________________

Attorney: ____________________ Contact number: ________________________

Commissioned sales agency: _______________________________________________

mailing address:________________________________________________________

Postal code: ________________________________________________________

Business license registration number:__________________________________________________

Buyer: ___________________________________________________________

"Legal Representative" "Responsible Person": __________________ Nationality: ___________________

"Identity Card", "Passport", "Business License Registration Number" "": ____________________________

Date of birth: ______ years ______ months ______ days, gender: _________________________

mailing address:_________________________________________________________

Postal code: ______________________ Contact number: _________________________

"Legal Agent" "Authorized Agent": ______________ Nationality: ______________

"Identity Card" "Passport" " "": ________________________________________________

Date of birth: ______ years ______ months ______ days, gender: _________________________

mailing address:_________________________________________________________

Postal code: ______________________ Contact number: _________________________

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", "Administrative Measures for Urban Real Estate Transfer in Beijing" and other relevant laws and regulations, sellers and buyers are equal, voluntary, fair, On the basis of consensus, the following agreements were reached on the pre-sale of commercial housing:

The first project construction basis

The seller obtains the state-owned land use right located on the ___________ plot by means of "transfer", "transfer" and "allocation". The land parcel number of the state-owned land use certificate is ______________________________, and the land use right area is: ___________. The land used for the commercial house purchased by the buyer is: ___________, the land use period is ______ years _____ month _____ day to ______ year _____ month ______ day.

With the approval of the seller, the "Provisional Name" of the commercial house constructed on the above-mentioned land parcels is: _________, the construction project planning permit number is: ___________, the construction project construction permit number is: ___________, construction contract The agreed start date is: ______________, and the completion date agreed in the construction contract is: ___________________.

The second pre-sale basis

The commercial house has been pre-sold by _____________, and the pre-sale license number is: ___________.

The third basic situation

The main building structure of the building where the commercial house is located is: _____________, the number of building layers is: __________ layer, in which the ground ___________ layer, underground ___________ layer.

The commercial housing is the _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ The room number shall prevail. The floor plan of the commercial house and the location map in the entire building are shown in Attached File 1.

The use of the commercial housing is "Ordinary Residence", "Affordable Housing", "Apartment", "Villa", "Office" and "Commercial" "": ________; "Layer" and "Net Height" are: ________ meters, "Slope roof height" The minimum is: ________ meters, the highest is: _______ meters. The commercial housing orientation is: _______________. There are ______ balconies, of which ________ balconies are closed and ________ balconies are non-closed.

The real estate surveying agency commissioned by the seller to predict the area of ​​the commercial housing is ______________, which predicts a total construction area of ​​___________ square meters, of which the building area is ___________ square meters, and the shared area and shared housing share the building area ___________ square Meter. For the description of the composition of the shared area and the shared building area, see Attachment II.

When the contract is signed, the progress of the construction of the building where the commercial house is located is _______________.

The term “height” as used in this Article refers to the vertical distance between two floors or the floor and the ground. The net height is the vertical distance between the floor or floor to the bottom of the upper slab or the bottom of the ceiling.

Article 4 Mortgage

The mortgage related to the commercial housing is: ___________.

1. The land use rights and construction in progress allocated by the commercial housing are not mortgaged;

2. The land use right allocated by the commercial house has been mortgaged. The mortgagee is: ____________, the mortgage registration department is: ______________________, and the mortgage registration date is: _____________.

3. The mortgage for the commercial housing construction has been set up. The mortgage holder is: _________, the mortgage registration department is: ______________________, and the mortgage registration date is: ______________________.

______________________________________________________________.

The mortgagee agrees that the pre-sale of the commercial housing and the relevant agreement on the mortgage can be found in the attached file III.

Article 5 Pricing Method and Price

The commercial housing is residential, and the seller and the buyer agree to calculate the housing price of the commodity according to the following first method. Wherein, the commercial housing is an economically affordable housing, and the seller and the buyer agree to calculate the housing price of the commodity according to the following first method and the second method.

The commercial housing is non-residential, and the seller and the buyer agree to calculate the price of the commodity according to the following _______ methods.

1. Calculated according to the building area of ​​the set, the unit price of the commercial house is ______ yuan per square meter, the total amount _____仟_____佰_____ _____ million _____仟_____佰_____ Pick up _____ yuan yuan.

2. According to the calculation of the construction area, the unit price of the commercial housing is __________ yuan per square meter, the total amount _____仟_____佰_____ _____ million _____仟_____佰_____ _____ yuan renminbi.

3, according to the calculation of the set, the total price of the commercial housing is __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ yuan yuan renminbi.

4. Other agreements. See attached file four

The term "building area" as used in this Article refers to the horizontal projected area of ​​the outer layer of the outer wall of the house, including balconies, galleryes, basements, outdoor stairs, etc., and has a permanent structure with a top cover and a firm structure with a height of more than 2.20 meters. .

The so-called inside construction area refers to the sum of the inner use area of ​​the complete set of commercial housing, the inner wall area of ​​the set and the floor area of ​​the balcony.

Article 6 Payment Methods and Term

The buyer pays by the following ____ way.

1. One-time payment.

2. Instalment payment.

3. Payment by loan method. The buyer can pay _____% of the total purchase price in the first installment, and the rest of the price can be paid to the ___________ bank or housing provident fund management institution.

4. Other ways.

For the specific payment method and the time limit, please refer to Appendix V.

Article 7 The seller guarantees that there is no property dispute in the commercial house. If the commercial house cannot handle the property right registration or the creditor's rights and debts dispute arises because of the seller's reasons, the seller shall bear the corresponding responsibility.

________________________________________________________.

Article 8 Agreement on Planning Changes

The seller shall construct the commercial house in accordance with the conditions stipulated in the construction project planning permit issued by the planning administrative department, and shall not change it without authorization.

If the seller needs to change the conditions stipulated in the construction project planning permit, it shall obtain the consent of the affected buyer in writing and obtain the approval of the planning administrative department. If the plan changes to the buyer’s rights and causes losses, the seller shall provide corresponding compensation.

Article 9 Agreement on Design Change

Approved by the design review unit entrusted by the planning administrative department, if the following design changes of the construction project construction drawing design file affect the quality or function of the commercial house purchased by the buyer, the seller shall within 10 days from the date of approval of the design review unit’s approval. , notify the buyer in writing.

1. The structure, size, size and orientation of the commercial housing;

2. Heating and heating methods;

3. _______________________________________________________;

4. _______________________________________________________;

5. _______________________________________________________.

If the seller fails to notify the buyer within the prescribed time limit, the buyer has the right to check out.

The buyer shall make a written reply to the check-out within 15 days from the date of delivery of the notice. If the buyer fails to provide a written reply within the time limit, it shall be deemed to accept the change.

If the buyer checks out, the seller shall refund the buyer’s paid house payment within ____ days from the date of delivery of the check-out notice, and pay interest according to the ____________ interest rate. If the buyer does not check out, he shall sign a supplementary agreement with the seller separately.

_______________________________________________________________.

Article 10 Overdue Payment Responsibility

If the buyer fails to pay according to the agreed time, the following ______ methods are adopted:

1, according to the overdue time, respectively, and do not accumulate)

Overdue within _____ days, from the day after the expiration of the agreed payable period to the date of actual payment of the payables, the buyer shall pay the seller a penalty of _____ of the overdue payable on a daily basis. And pay the liquidated damages to the seller within _____ days from the date of actual payment of the payables, and the contract continues to be performed.

The seller has the right to terminate the contract after the expiration of more than the date in the _____ day. If the seller cancels the contract, the buyer shall pay the seller a penalty of _____% of the accumulated overdue payment within _____ days from the date of delivery of the notice of cancellation of the contract, and the seller shall refund the buyer all the payment. . If the buyer is willing to continue to perform the contract, the contract shall continue to be performed after the seller agrees. From the day after the expiration of the agreed payable period to the date of actual payment of the payable, the buyer shall pay the overdue to the seller on a daily basis. Liquidated damages for the ratio of ________ of the payables, and the seller shall pay liquidated damages within _____ days from the date of actual payment of the payables.

The term “overdue payables” as used in this Article refers to the difference between the due accounts payable in accordance with Article 6 and the actual payments made during the period; if the installment payments are made, the difference between the corresponding installment payables and the actual paid amount for the period is determined.

2,___________________________________________________________.