Ministry of Construction and State Administration for Industry and Commerce on Printing and Distributing the "Model Text of Commercial Housing Contracts"

Construction committees and administrations of the provinces, autonomous regions and municipalities directly under the Central Government:

According to the "Contract Law of the People's Republic of China" and the problems in the sale of commercial housing in recent years, the Ministry of Construction and the State Administration for Industry and Commerce have revised the "Model Text of the Purchase and Sale Contract of Commercial Housing" issued in 1995 and renamed it as the "Commodity House Sale Contract". Model text. The Model Text is now issued to you and the relevant issues are notified as follows:

First, fully understand the significance of the implementation of the "Model Text" and vigorously promote the use of the "Model Text." In recent years, consumers have complained more about commercial housing. The main complaints are: false advertising, one-room sales, shrinking area, poor quality, delayed delivery, and property rights disputes. These problems arise because there are reasons why the system is not perfect, management is not in place, and there are reasons why the contract is not standardized. The emergence of these problems not only damages the legitimate rights and interests of consumers, but also affects the formation of housing consumption hotspots. The implementation of the "Model Text" is conducive to protecting the legitimate rights and interests of the parties, avoiding the unfairness and inaccuracy of the contractual lack of funds and the party's meaning, and the emergence of unfair and illegal provisions; The settlement of disputes is conducive to mobilizing consumers' enthusiasm for buying houses, promoting housing consumption and stimulating economic growth. All localities should take the opportunity of implementing the new "Demonstration Text", strengthen the management of the real estate market, standardize the sales behavior of commercial housing, and effectively solve the worries of ordinary people buying houses.

Second, do a good job in the distribution of the "Demonstration Text" to facilitate the collection of the parties. The administrative departments of construction and the administrative departments for industry and commerce at various localities shall, in consultation, designate the printing units of the Model Text and be responsible for the supervision. The parties using the "Model Text" may at any time obtain the fees from the construction administrative departments at all levels and pay the cost of the work. The fees shall be subject to the fees approved by the price management department.

3. The construction committees of all provinces, autonomous regions, and municipalities directly under the Central Government shall report to the Ministry of Construction on the implementation and implementation of the Model Text by the end of November 2000. The Ministry of Construction and the State Administration for Industry and Commerce will check the implementation of the Model Text by the end of 2000 by the end of 2000.

Commercial housing contract

Commercial housing contract description

1. The text of this contract is a model text and can also be used as a contract. Before signing the contract, the buyer should carefully read the contents of this contract. If the contract terms and professional terms are inconsistent, they can consult the local real estate development department.

2. The term "commercial housing" as used in this contract refers to a house developed, constructed and sold by a real estate development enterprise.

3. In order to reflect the voluntary principle of both parties to the contract, there are blank lines after the relevant clauses in the text of this contract, for the parties to agree or supplement the agreement. The parties may modify, add or delete the content of the text terms. After the contract is signed into effect, the unprinted text printed text is deemed to be the content of mutual consent.

4. The choices and contents to be included in the text of this contract are given priority by handwritten items.

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

6. Before signing the contract, the seller shall present the relevant certificate and certificate file that should be provided by the seller to the buyer.

7. The terms of this contract are interpreted by the Ministry of Construction of the People's Republic of China and the State Administration for Industry and Commerce.

Commercial housing contract GF-2000—0171

Contract number: __________ Both parties to the contract:

Seller: ___________________________

Registered address:___________________________

Business license registration number:________________________

Enterprise qualification certificate number: ________________________

Legal representative: ______________ Contact number: _______

Postal code: _______________

Attorney: ______________ Address: _________

Postal code: _______________ Contact number: _______

Agency: _________________________

Registered address:___________________________

Business license registration number:________________________

Legal representative: ______________ Contact number: _______

Postal code: _______________

Buyer: ____________________________

"I" "legal representative" name: ______ nationality: _________

"Identity Card", "Passport", "Business License Registration Number" "" __________

address:_____________________________

Postal code: _______________ Contact number: _______

"Authorized Representative" " " Name: ______ Nationality: _________

address:_____________________________

Postal code: _______________ Phone: _________

According to the "Contract Law of the People's Republic of China", the "Urban Real Estate Management Law of the People's Republic of China" and other relevant laws and regulations, the buyer and the seller have reached the following agreement on the sale of commercial housing on the basis of equality, voluntariness and consensus:

Article 1 The basis for project construction.

The seller obtains the land use right of the land located in ____ and numbered ____ by means of ____. The "Land Use Right Transfer Contract No." "Land Use Right Transfer Approval File Number" and "Assignment of Land Use Right Transfer Approval File Number" is ______________.

The land area of ​​the plot is ____, the planned use is ____, and the land use period is from __year__month__day to __year__month__day.

Upon approval, the seller will construct a commercial housing on the above-mentioned land, "now named" and "provisional name" ____. The construction project planning license number is ____ and the construction permit number is ____.

______________________________________________________________________.

Article 2 The basis for the sale of commercial housing.

The commercial housing purchased by the buyer is "present house" and "pre-sale commercial house". The pre-sale commercial housing approval authority is ____, and the commercial housing pre-sale license number is ____.

______________________________________________________________________.

Article 3 The basic situation of the buyer's purchased commercial housing.

The commodity house purchased by the buyer is the item specified in the first article of the contract:

____ "Building" "Seat" ____ "Unit" "Layer" Room ____.

The use of the commercial house is ____, which is a ____ structure, the floor height is ____, the number of building floors is __ layer, underground __ layer.

The commercial room balcony is "closed" and "non-closed".

The commercial building "contract agreement" and "property registration" construction area totals ____ square meters, of which, the construction area within the set is ____ square meters, and the public part and public housing share the construction area of ​​____ square meters.

______________________________________________________________________.

______________________________________________________________________.

Article 4 Pricing method and price.

The seller and the buyer agree to calculate the price of the commodity in the following ____ way:

1. Calculated according to the construction area, the unit of the commercial housing is ____ yuan per square meter, and the total amount is __千__百___拾__万__千__百_______.

2. Calculated according to the building area of ​​the set, the unit price of the commercial house is ____ yuan per square meter, and the total amount is __千__百___拾__万__千__百_______.

3. Calculated according to the set, the total price of the commercial housing is thousands of __百__拾__万__千__百__拾__元整.

4.___________________________________________________________________________________________________________.

Article 5 Area confirmation and area difference processing.

According to the pricing method selected by the parties, this section provides for area confirmation and area difference treatment based on "building area" and "building area within the package".

If the parties choose to calculate the price according to the set, the provisions of this article shall not apply.

Where there is a difference between the contracted area and the registered area of ​​property rights, the area of ​​registered property rights shall prevail.

After the delivery of the commercial housing, the registered area of ​​the property rights is different from the contracted area. The two parties agree to deal with it according to the __ method:

1. Both parties agree on their own:

___________________________________________________________________;

___________________________________________________________________;

___________________________________________________________________;

___________________________________________________________________.

2. Both parties agree to deal with the following principles:

If the area error ratio is within 3% of the absolute value, the house price shall be settled according to the actual amount;

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

If the buyer checks out, the seller will return the buyer's payment to the buyer within 30 days from the date of the buyer's check-out, and pay interest at the ____ rate.

If the purchaser does not check out, the property registration area is larger than the contracted area, and the price difference of the area within 3% is supplemented by the buyer; the price of more than 3% is borne by the seller, and the property rights are bought and sold. people. When the registered area of ​​property rights is less than the registered area of ​​the contract, the price difference of the area error is less than 3%, and the price of the house price is returned to the buyer by the seller; if the absolute value exceeds 3%, the house price is double returned to the buyer by the seller.

Property Registration Area - Contract Area Area Error Ratio = ——————————————×100% Contract Area

If the two parties do not cancel the contract due to the difference in area caused by the design change, a supplementary agreement shall be signed.

Article 6 Payment method and time limit.

The buyer pays by the following __ way:

One-time payment

______________________________________________________________________.

2. Installment payment

______________________________________________________________________.

3. Other ways

______________________________________________________________________.

Article 7 The buyer shall be liable for breach of contract for late payment.

If the buyer fails to pay according to the time specified in this contract, he shall deal with it according to the following __:

1. According to the overdue time, separately processed

Within __ days, from the second day of the payable period specified in this contract to the date of the actual payment of the payables, the buyer shall pay the seller a penalty of __ overdue payment of the overdue payment on the day, the contract continues fulfill;

After the __ day is overdue, the seller has the right to cancel the contract. If the seller cancels the contract, the buyer pays the seller a penalty of __% of the accumulated payables. If the buyer is willing to continue to perform the contract, the contract shall continue to be performed with the consent of the seller. From the second day of the payable period specified in this contract to the date of the actual payment of the payables, the buyer shall pay the overdue to the seller on a daily basis. Liquidated damages for the ratio of the accounts payable in the __ item.

The overdue payment in this article refers to the difference between the due payment in accordance with Article 6 of this contract and the actual payment made in the period; if the payment is made in installments, the difference between the corresponding installment payable and the actual payment for the period is determined.

2._________________________________________________________________________________________________________________________________________________________________________________________.

Article 8 Delivery deadline.

The seller shall, in accordance with the relevant provisions of the State and local people's governments, ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

1. The commercial house has passed the experience.

2. The commercial house has passed the comprehensive inspection and acceptance.

3. The commercial house is qualified for comprehensive inspection by stages.

4. The commercial house obtains the approval file for the delivery of the commercial housing.

5.__________________________________.

However, in the event of the following special reasons, the seller may, in addition to agreeing to terminate the contract or change the contract, the extension may be extended accordingly:

1. encounter force majeure, and the seller informs the buyer within __ days from the date of occurrence;

2.__________________________________;

3.__________________________________. ________________________________________________________________________.

Article 9 The seller shall be liable for breach of contract if the seller fails to pay the house.

Except for the special circumstances stipulated in Article 8 of this contract, if the seller fails to deliver the commercial house to the buyer for the time limit specified in this contract, it shall be handled in the following way:

1. According to the overdue time, separately processed

If the overdue period does not exceed __ day, from the second day of the final delivery period stipulated in Article 8 of this contract to the date of actual delivery, the seller shall pay the buyer a penalty of __ of the delivered house price on the day, and the contract continues. fulfill;

After the lapse of more than __ days, the buyer has the right to cancel the contract. If the buyer cancels the contract, the seller shall refund all the payment within __ days from the date of arrival of the cancellation notice of the purchaser and pay the buyer a penalty of __% of the buyer's accumulated payment. If the buyer requests to continue to perform the contract, the contract shall continue to be performed. From the second day of the final delivery period stipulated in Article 8 of this contract to the date of actual delivery, the seller shall pay the buyer the price of the delivered house price on a daily basis. Liquidated damages for the ratio in the __ item).

2._________________________________________________________________________________________________________________________________________________________________________________________.

Article 10 Agreement on planning and design changes.

If the design change approved by the planning department or the design change agreed by the design unit results in the following quality or function of the commodity house purchased by the buyer, the seller shall notify the buyer in writing within 10 days from the date of approval by the relevant department:

The structure, size, size and orientation of the commercial house;

__________________________________;

__________________________________;

__________________________________;

__________________________________;

__________________________________;

__________________________________.

The buyer has the right to make a written reply to the check-out within 15 days from the date of the notification. If the buyer fails to provide a written reply within 15 days from the date of the notification, it shall be deemed to accept the change. If the seller fails to notify the buyer within the prescribed time limit, the buyer has the right to check out.

If the buyer checks out, the seller must return the buyer's payment to the buyer within __ days from the date of the buyer's request for departure, and pay interest at the ____ rate. If the buyer does not check out, he shall sign a supplementary agreement with the seller separately.

____________________________________________________________________________________________________________________________________________________

Article 11 Handover.

After the commercial house has reached the conditions for delivery, the seller shall notify the buyer in writing of the delivery procedures. When the two parties conduct the inspection and acceptance, the seller shall present the certificate file as stipulated in Article 8 of this contract and sign the house transfer order. If the purchased commercial housing is residential, the seller must also provide the Residential Quality Assurance and Residential Instruction Manual. If the seller does not produce the certificate file or the proof file is incomplete, the buyer has the right to refuse the handover, and the resulting delay in the delivery of the house shall be borne by the seller.

If the buyer fails to deliver on time due to the buyer's reasons, the parties agree to deal with it as follows:

____________________________________________________________________________________________________________________________________________________

Article 12 The seller guarantees that there is no property dispute or debt and debt dispute in the commercial housing sold. The seller shall bear full responsibility for the fact that the commodity house cannot be registered for property rights or has a dispute over creditor's rights and debts due to the seller's reasons.

_____________________________________________________________________________________________________________.

Article 13 The seller’s liability for breach of contract in respect of the decoration and equipment standards.

The decoration and equipment standards of the commercial houses delivered by the seller shall conform to 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:

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

2.____________________________________________________________________.

3.____________________________________________________________________.

Article 14 The seller's commitment to the normal operation of infrastructure and public supporting buildings.

The following infrastructure and public supporting buildings that the seller promises to directly link with the normal use of the commercial housing will reach the conditions of use on the following dates:

1.__________________________________;

2.__________________________________;

3.__________________________________;

4.__________________________________;

5.__________________________________.

If the conditions of use are not met within the specified date, the parties agree to proceed as follows:

1.__________________________________;

2.__________________________________;

3.__________________________________.

Article 15 Agreement on the registration of property rights.

The seller shall, within __ days after the delivery of the commercial house, file the registration of the ownership with the information provided by the seller to the property registration authority for the record. If the buyer cannot obtain the real estate ownership certificate within the prescribed time limit due to the seller’s responsibility, the parties agree to deal with the following items:

1. The buyer will check out, and the seller will refund the buyer’s paid house price to the buyer within __ days from the date of the buyer’s request for check-out, and compensate the buyer according to the __% of the paid house price. loss.

2. The buyer does not check out, and the seller pays the buyer a penalty of __% of the paid house price.

3.____________________________________________________________________.

Article 16 Warranty liability.

If the commercial house purchased by the buyer is a commercial house, the Residential Quality Assurance Book is an auxiliary file of this contract. The seller shall bear the corresponding warranty liability in accordance with the contents promised by the Residential Quality Assurance from the date of delivery of the commercial house.

If the commercial house purchased by the buyer is a non-commodity house, both parties shall specify the scope of the warranty, the warranty period and the warranty liability in the form of a contract subsidiary file.

The quality problem occurs during the warranty period and warranty period of the commercial house, and the seller shall perform the warranty obligation. The seller shall not be liable for damage caused by force majeure or non-sellers, but may assist in repairs, and the repair costs shall be borne by the purchaser.

______________________________________________________________________.

Article 17 Both parties may agree on the following matters:

1. The right to use the roof of the building where the commercial house is located _______________________________________;

2. The right to use the exterior wall of the building where the commercial house is located ______________________________________;

3. The naming rights of the building where the commercial house is located ____________________________________________;

4. The naming rights of the community where the commercial housing is located ____________________________________________;

5.________________________________________________________;

6.________________________________________________________.

Article 18 The buyer's house shall be used only for ____, and the owner's main structure, load-bearing structure and use shall not be altered without authorization during the use of the buyer. Except as otherwise provided in this contract and its subsidiary files, the buyer has the right to share with the other rights holders the public parts and facilities associated with the commercial house during the period of use, and to share the area by area and public parts and public housing. Obligations.

The seller may not arbitrarily change the nature of the use of public parts and facilities associated with the commercial premises.

______________________________________________________________________.

Article 19 The disputes arising during the performance of this contract shall be settled through negotiation between the parties; if the negotiation fails, the following __ methods shall be resolved:

1. Submit to the ____ Arbitration Commission for arbitration.

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

Article 20 The unfinished matters of this contract may be signed by the two parties and signed a supplementary agreement.

Article 21 The subordinate file of the contract has the same legal effect as this contract. In this contract and its accompanying files, the text in the space section is equivalent to the printed text.

Article 22 This contract, together with the ancillary files, has a total of __ pages, one __ copies, with the same legal effect, and the contract holdings are as follows:

The seller __ share, the buyer __ share, ________ share, ________ share.

Article 23 This contract shall come into force on the date of signing by both parties.

Article 24 If a commercial house is pre-sold, the seller shall apply to the ________ for registration within 30 days from the date of entry into force of this contract.

Seller: Buyer:

"Legal Representative": "Legal Representative":

"Authorized Agent": "Authorized Agent":

" "":

____ years __month __ day ____ years __ month __ day sign in ____ sign in ____

Attachment File 1: House Plan

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

Attached file three: decoration, equipment standard

1. Exterior wall:

2. Interior wall:

3. Ceiling:

4. Ground:

5. Doors and windows:

6. Kitchen:

7. Bathroom:

8. Balcony:

9. Elevator:

10. Other:

Sub-file 4: Contract Supplementary Agreement