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Commercial housing pre-sale contract and subscription book (2)


Article 11 Delivery conditions

The seller shall deliver the commercial house to the buyer by ____________________________

The commercial housing shall be delivered in accordance with the following 1, 2, , , , ,

The conditions listed in the item; if the commercial housing is residential, the seller shall also provide the Residential Quality Assurance and the Residential Instruction Manual.

1. The commercial housing has obtained the planning acceptance approval file and the construction project completion acceptance record form;

2. A technical report on the actual area of ​​the commercial housing issued by a qualified real estate surveying and mapping agency;

3. The seller has obtained the ownership certificate of the building in which the commercial house is located;

4. Meet the conditions for the municipal infrastructure that the seller promised in Article 12;

5. _____________________________________________________;

6. _____________________________________________________;

7. _____________________________________________________.

Article 12 Commitment to Municipal Infrastructure and Other Facilities

The seller promises that the municipal infrastructure and other facilities directly related to the normal use of the commercial housing will meet the following conditions on the agreed date:

1. Municipal infrastructure:

Sheung Shui, Sheung Shui: ____________________________________________________________________________________________________________________________

Electricity: ________________________________________________________________________________________________________________________

Heating: ________________________ reached _________________________________;

Gas: ____________________ Days reached ________________________________;

____________________________________________________________;

____________________________________________________________.

If the conditions are not met within the agreed time limit, the parties agree to proceed as follows:

____________________________________________________________;

____________________________________________________________.

2, other facilities

Public green space: ____ years ____ ___ day reached __________________________;

Public roads: ____ years ____ ___ days reach _____________________________;

Public parking lot: ________________________ on ____________________

Kindergarten: ____________________________

School: ____________________________________________________________________________________________________________________________________________

Clubhouse: ________________________________________________________________________________________________________________________________________________________

Shopping Center: ________________________________________________________________________________________________________________________________

Sports facilities: ____________________________________________________________________________________________________________________________________

____________________________________________________________;

___________________________________________________________.

If the conditions are not met within the agreed time limit, the parties agree to proceed as follows:

____________________________________________________________;

____________________________________________________________.

Article 13 Overdue Housing Responsibility

Except for force majeure, if the seller fails to deliver the commercial house to the buyer in accordance with the time limit and conditions as stipulated in Article 11, the following ______ methods shall be adopted:

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

The time limit within the _____ day of the overdue period), from the day after the expiration of the delivery period agreed upon in Article 11 to the date of actual delivery, the seller shall pay the buyer the payment of the house price on a daily basis. The ratio of the _____ liquidated damages) and the buyer’s liquidated damages will be paid within _____ days from the date of actual delivery of the commercial housing, and the contract will continue to be performed.

The buyer has the right to check out after the expiration of more than the date in the _____ day. If the buyer checks out, the seller shall refund all the payment within _____ days from the date of delivery of the check-out notice, and pay the buyer a penalty of _____% of the buyer's payment. If the buyer requests to continue to perform the contract, the contract shall continue to be performed. From the day after the expiration of the delivery period agreed upon in Article 11 to the date of actual delivery, the seller shall pay the buyer all the paid amount on a daily basis. Liquidated damages for the ratio in the _____ item, and payment of liquidated damages to the buyer within _____ days from the date of actual delivery of the commercial housing.

2,__________________________________________________________.

Article 14 Area Difference Processing

When the commercial housing is delivered, the seller shall publicize the actual technical report of the commercial housing area issued by the qualified real estate surveying and mapping agency entrusted by the buyer, and provide the buyer with the measured data of the area of ​​the commercial housing. If the measured area is inaccurate with the predicted area specified in Article 3, both parties agree to deal with it according to the ________ method:

1. According to the agreement of Article 5 in accordance with the construction area of ​​the set, both parties agree to deal with the following principles:

If the error of the building area within the set is less than 3%, the house price shall be settled according to the actual amount;

The buyer has the right to check out when the building area error exceeds 3% of the absolute value.

If the buyer checks out, the seller shall refund the buyer’s paid house payment within 30 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, if the building area in the measured set is larger than the predicted building area, the price of the building area within the set is less than 3%, and the price of the house is covered by the buyer; more than 3% of the house price is sold out. The person bears and the property rights are owned by the buyer. When the measured building area is smaller than the predicted building area, the housing area error within the set is less than 3%, and the part of the house price is returned to the buyer by the seller; the absolute value exceeds 3% of the house price by the seller. I also returned to the buyer.

Measured building area - forecast building area

In-set floor area error ratio =________________________________ x 100% forecast inside building area

2. According to Article 5, according to the agreement on the construction area, the two parties agree to deal with the following principles:

If the error ratio of the building area and the building area within the set is within 3%, the house price shall be settled according to the measured building area;

The buyer has the right to check out when one of the building area and the building area error ratio exceeds 3%.

If the buyer checks out, the seller shall refund the buyer’s paid house payment within 30 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, if the measured building area is larger than the predicted building area, the building area error ratio is less than 3%, and the price of the part is supplemented by the buyer; the price of more than 3% is borne by the seller, and the property rights are bought. Be owned by people. When the measured building area is less than the contracted construction area, the building area error is less than 3% of the absolute price of the house price returned by the seller to the buyer; the absolute value exceeds 3% of the house price is double returned to the buyer by the seller .

Measured building area - projected building area

Building area error ratio = _____________________________________ x 100%

Predicted building area

3. The two parties agree on their own:

____________________________________________________________

____________________________________________________________.

Article 15 Handover Procedure

After the commercial house reaches the delivery conditions stipulated in Article 11, the seller shall notify the buyer in writing of the time and place of the handover formalities and the documents to be carried before the 7th day of the delivery date. When the two parties conduct inspection and acceptance, the seller shall produce the certificate file agreed upon in Article 11 and satisfy the other conditions as stipulated in Article 11. If the seller does not produce the certificate file or the certificate file presented is not complete, or fails to meet the other conditions stipulated in Article 11, the buyer has the right to refuse to accept, and the resulting overdue house liability shall be borne by the seller and shall be in accordance with the tenth Three treatments.

After the acceptance of the handover, the two parties shall sign the commercial housing handover order. If the buyer fails to handle the handover procedures on time due to the buyer's reasons, both parties agree to deal with the following arrangements:

____________________________________________________________;

____________________________________________________________.

Both parties agree to pay taxes in accordance with the following _______ methods:

1. The seller shall not pay the taxpayer's tax as the condition for handing over the commercial house.

____________________________________________________________.

2. The buyer agrees to entrust the seller to pay the following ____, ____, ____, ____, ____,

___ kinds of taxes and fees, and the above taxes are paid to the seller at the same time as receiving the commercial housing.

Special maintenance funds;

Deed tax

Article 22 The agreed property service fees;

Heating costs;

________________________________________________________;

________________________________________________________.

3. The buyer pays the following ____, ____, ____, ____, ____ to the relevant units.

____ kinds of taxes and fees, and present the tax payment fee to the seller at the same time as receiving the commercial housing.

Special maintenance funds;

Deed tax

Article 22 The agreed property service fees;

Heating costs;

________________________________________________________;

________________________________________________________.

Article 16 Agreement on the Quality, Decoration and Equipment Standards of Commercial Housing

The seller promises that the commercial house uses qualified building materials and components, and the quality of the commercial house complies with the requirements of the national and the city's engineering quality specifications, standards and construction drawing design files.

The seller and the buyer agree as follows:

1. If the quality of the foundation and main structure of the commercial house is unqualified, the buyer has the right to check out. If the buyer checks out, the seller shall refund all the payment within ______ days from the date of delivery of the check-out notice, and pay interest according to the ___________ interest rate, and the seller shall be liable for the loss caused by the buyer. . Therefore, the cost of testing incurred is borne by the seller.

If the buyer requests to continue to perform the contract, a separate agreement shall be signed with the seller.

________________________________________________________.

2. If the indoor air quality of the commercial house is not in compliance with the national standards, the buyer has the right to check out within _______ days from the date of delivery of the commercial house. If the buyer checks out, the seller shall return the buyer’s payment within ______ days from the date of delivery of the check-out notice, and pay the interest according to the ___________ interest rate, and the seller shall cause losses to the buyer. Liability. Therefore, the cost of testing incurred is borne by the seller.

If the buyer does not check out or the commercial house has been delivered for more than __ days, a supplementary agreement shall be signed with the seller.

________________________________________________________.

3. When the commercial house is delivered, the commercial house has been qualified by the construction, survey, design, construction, engineering supervision and other units. The seller should check the house together with the buyer. If any other problems are found, the two parties agree to follow the ____ _ kind of way to handle:

The seller shall deliver the repaired commercial house within _______ days. The resulting overdue house responsibilities are borne by the seller and are handled in accordance with Article 13.

_____________________________________________________________.

The seller shall be responsible for the repair within _____ days from the date of delivery of the commercial house in accordance with the specifications and standards of the relevant project quality of the State and this Municipality, and shall bear the cost of repair, and the loss caused to the buyer shall be liable for compensation by the seller.

_____________________________________________________________.

4. The decoration and equipment standards of the commercial houses delivered by the seller shall meet the standards agreed by both parties. If the agreed standard is not met, the buyer has the right to request the seller to handle the following ______ methods:

The seller compensates for double the decoration and equipment price difference.

___________________________________________________________;

___________________________________________________________.

For the specific decoration and equipment standards, see Attachment VI.

If the seller and the buyer dispute the quality of the project, either party may entrust a qualified construction quality inspection agency to inspect, and both parties have the obligation to assist and cooperate with the other party's testing.

___________________________________________________________.

Article 17 Residential Warranty Responsibility

The commercial housing is a residential property, and the seller shall bear the corresponding warranty liability according to the contents promised by the Residential Quality Assurance Book from the date of delivery of the commercial housing.

The commercial housing is non-residential, and both parties shall sign a supplementary agreement to specify the scope of warranty, warranty period and warranty liability.

In the warranty area and warranty period of the commercial housing, the quality problem occurs. If both parties have the check-out agreement, the contract shall be handled according to the agreement; if there is no check-out agreement, the seller shall perform the warranty obligation, and the buyer shall cooperate with the warranty. The seller is not liable for damage caused by reasons other than the seller.

Article 18 Residential Energy Saving Measures

If the commercial housing is residential, it shall comply with the national regulations on building energy conservation and the requirements of the “Construction Building Energy Efficiency Design Standards” issued by the Beijing Municipal Planning Commission and the Beijing Municipal Construction Commission. If the standard is not met, the seller shall make energy-saving measures in accordance with the requirements of the “Resident Building Energy-Saving Design Standards” and bear all the expenses; therefore, if the buyer causes losses to the buyer, the seller shall be liable for compensation.

Article 19: Use commitment

During the use of the commercial housing, the buyer shall not arbitrarily change the main structure, load-bearing structure and use of the commercial housing. Except as otherwise provided in this contract, the supplementary agreement and its subsidiary files, the buyer has the right to use the shared parts and facilities related to the commercial house with other rights holders during the use of the commercial house, according to the sharing area and the shared housing sharing area. Obligations.

The seller shall not arbitrarily change the nature of the use of the shared parts and facilities associated with the commercial housing.

Article 20: Registration of property rights

Initial registration

The seller shall obtain the ownership certificate of the building where the commodity house is located before ______ ______ month ___ day. If the seller’s responsibility fails to obtain the ownership certificate of the building where the commercial house is located within the time limit stipulated in this paragraph, both parties agree to deal with the following ______ methods:

1. The buyer has the right to check out. If the buyer checks out, the seller shall refund all the payment within ____ days from the date of delivery of the check-out notice, and pay the buyer a penalty of ____% of the buyer's payment. If the buyer does not check out, the contract shall continue to be performed. From the day after the seller’s expiration of the ownership certificate of the building where the commodity house is completed to the date when the actual ownership certificate is obtained, the seller shall buy it on a daily basis. The person accepts the liquidated damages of _____, which has been paid in full, and pays the buyer within _____ days from the date when the seller actually obtains the certificate of ownership.

2,_____________________________________________________.

Transfer Register

1. After the commercial housing is delivered for use, both parties agree to deal with it according to the following _____ methods:

Both parties jointly apply to the ownership registration authority for registration of the ownership transfer of the house.

The buyer agrees to entrust _____________ to apply to the ownership registration authority for registration of the ownership transfer of the house, and the entrusted fee is __________ yuan.

2. If the buyer fails to obtain the house ownership certificate within _______ days from the date of delivery of the commercial house due to the seller’s responsibility, the parties agree to deal with the following ______ methods:

The buyer has the right to check out. If the buyer checks out, the seller shall refund the buyer all the 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, the date from the expiration of the period when the purchaser should obtain the house ownership certificate until the date when the house ownership certificate is actually obtained, the seller shall pay the buyer the full payment of the payment according to the daily calculation. The ____ liquidated damages shall be paid by the seller within ____ days from the date the buyer actually obtained the house ownership certificate.

_________________________________________________________.

Article 21: Agreement on Common Interests

1. The right to use the roof of the building where the commercial house is located is owned by all property owners;

2. The right to use the exterior wall of the building where the commercial house is located belongs to all property owners;

3. _________________________________________________________________;

4. ______________________________________________________________.

Article 22 Pre-property services

The property management enterprise selected by the seller according to law is: __________, the qualification certificate number is: __________.

During the period of property management during the previous period, the price of the property service charge was ______________. The square meter is collected by the property management company in accordance with the "year", "half-year" and "season". The price structure includes the cleaning fee in the property area, the maintenance fee for public order, the daily maintenance fee for the shared facilities and equipment, the green maintenance fee, the comprehensive management fee, __________, __________, __________.

Among them, the above-ground parking fee __________, underground parking fee __________.

The seller is responsible for supervising the property management enterprise to provide property services in accordance with the agreement of the previous property service contract.

The contents of the property services and the contents of the Owner's Provisional Convention can be found in Annex VII. The buyer has read the entire contents of the sub-file 7 on the property services and the temporary agreement of the owners, and agreed that the property management enterprises selected by the seller according to law provide pre-property services and comply with the temporary conventions of the owners.

Article 23 Special maintenance funds

If the buyer entrusts the seller to pay the special maintenance funds, the seller shall submit the special maintenance fund payment certificate to the buyer within _____ days from the date of entrustment.

If the buyer pays the special maintenance funds by himself, he shall submit the special maintenance fund payment certificate to the property management enterprise within the _____ days from the date of delivery of the commercial housing.

Article 24 Force Majeure

If the contract cannot be performed in accordance with the contract due to force majeure, part or all of the liability shall be exempted according to the influence of force majeure, but one party who fails to perform the contract in accordance with the contract due to force majeure shall promptly inform the other party.

Article 25 Dispute Resolution

The disputes arising during the performance of this contract shall be settled by the parties or negotiated for mediation; if the negotiation or mediation fails, the following ______ methods shall be adopted:

1. Submit to the ____________ Arbitration Commission for arbitration.

2. Prosecution to the people's court according to law.

Article 26 This contract shall come into force on the date of signature by both parties, and the parties may sign a supplementary agreement separately. The modification or dissolution of this contract shall be in writing. The sub-files and supplementary agreements of this contract have the same legal effect as this contract.

Article 27 This contract and its subsidiary files are ______ pages, one ______ copies, with the same legal effect, of which ______ copies of the seller, ______ copies of the buyer, ______ copies, ______ copies .

Article 28 Within 30 days from the effective date of this contract, the seller shall apply to __________ for the registration and registration of the pre-sale contract of the commercial house. If the seller has not applied for pre-sale registration within 30 days from the effective date of this contract, the buyer may apply for pre-sale registration. If the pre-sale commercial house has been mortgaged, the pre-sale registration shall be jointly applied by both the seller and the buyer.

Seller: Buyer:

"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:

Attachment File 1: Floor plan and location map throughout the building

Attached file 2: Description of the composition of the shared area and shared housing

Subsidiary file 3: The commercial house obtains the certificate that the mortgagee agrees to sell and the relevant agreement of the mortgage party

Subsidiary file 4: Other methods of pricing method and house payment

Sub-file 5: Payment method and term agreement

Subsidiary Archive 6: Conventions on Decoration and Equipment Standards

1. Heating system:

Central heating: "heat sink" "floor heating" " ___________________________;

Household heating: "gas stove" "electric heating" " _____________________________;

Heating equipment brand: _______________________________________________.

2, insulation materials:

External wall insulation: "Extrusion polystyrene board" "Foamed polystyrene board" "Foamed polyurethane" ""________.

Interior wall insulation: "Gypsum polystyrene board" "" __________________________________.

3, the outer wall: "tile" "paint" "glass curtain wall" "" ____________________________.

4, interior walls: "paint" "wallpaper" "" _______________________________________.

5, ceiling: "gypsum board ceiling" "paint" "" _________________________________.

6. Indoor floor: "marble", "granite", "cement plastering" and "solid wood flooring" ""________.

7, doors and windows:

The outer window structure size is: ________________________________________________;

The opening method is: ____________________________________________________;

Door and window profiles: "double glass hollow broken bridge aluminum alloy window" "plastic steel double glass" "" ___________.

8, the kitchen:

Ground: "cement plastering" "tile" "" _________________________________;

Wall: "water-resistant putty" "tile" "" _________________________________;

Ceiling: "cement plastering" "gypsum ceiling" " _____________________________;

Kitchenware: ______________________________________________________.

9, the bathroom:

Ground: "cement plastering" "tile" "" _________________________________;

Wall: "water-resistant putty", "paint", "tile" "" __________________________;

Ceiling: "cement plastering" "gypsum ceiling" " _____________________________;

10. Balcony: "plastic steel closed" "aluminum alloy closed" "broken bridge aluminum alloy closed" "not closed"

" " ______________.

11, the elevator:

Elevator brand name: _______________________________________________;

Elevator speed: _____ m / s;

Elevator load capacity: __________________________kg;

_____________________________________________________________.

13, other

__________________________________________________________________;

__________________________________________________________________.

Subsidiary File 7: Property Services

First, the property service content

Second, the quality of property services

Third, property charges and prices

Fourth, the owners' temporary convention

V. Other agreements

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