Nanjing City Commercial Housing Presale Contract (Official Model 2007 Edition)

The text of this contract applies to the pre-sale of commercial housing that has obtained the pre-sale permit for commercial housing within the scope of state-owned land within the administrative area of Nanjing. The pre-sale of affordable housing does not apply to this contract.

Except for the signing columns of Party A and Party B and the registration column of the registration authority, other blanks of this contract shall be printed and filled out through the online real estate system of Nanjing.

In the [ 】 in this contract, hit "√" to indicate selection, and "x" to indicate no choice. If the space part of this contract is a blank sentence, it should be marked with the words “below blank”.

This contract specially produces the "Special Procedure for Party B's Registration Procedure", which is specially used for Party B to handle various registration procedures; the special text is deposited into the Real Estate Archives by the housing ownership registration authority after Party B handles the ownership transfer registration. Party A and Party B can customize the number of copies of each contract as needed; however, each contract must include a copy of the special text.

" 》 commercial housing pre-sale contract

Pre-sales: _____________

Pre-ordered person: _____________

Party A has obtained the ___ "State-owned Land Use Certificate" and enjoys the state-owned land use right of the Nanjing ____ District ____ plot according to law; the plot number is _________.

Party A is approved to develop and construct commercial housing on the above-mentioned plots. [] The name of the place name [] is tentatively named.

Party A has received the “Nanjing City Commercial Housing Pre-sale Permit” from Ningfang Sales No. _____, and can pre-sell the corresponding commercial housing according to law.

According to the "Contract Law of the People's Republic of China", "The Law of the People's Republic of China on Urban Real Estate Management" and the Ministry of Construction's "Measures for the Administration of Pre-sale of Urban Commercial Housing" and "Measures for the Administration of Commercial Housing Sales", Party A and Party B shall pre-sell the commodity housing. By consensus, the contract is as follows.

The basic situation of the first contract mark

1. The commercial housing pre-sold by Party A to Party B is the number in the above-mentioned "Nanjing City Commercial Housing Pre-sale Permit", which is the provisional number of the [] public security certification number [ ]. For the general plane position of the building where the commercial house is located, see the general plan of the attached file 1. The set of the nested and layered planes is shown in the attached file.

2. The main building structure of the building where the commercial house is located is _____, and the number of main building layers is ____ layer, of which _____ layer below +0.00 m, _____ layer above +0.00 m, the commercial house is located in [ 】 +0.00 m or more [ 】 + 0.00 m below the _____ layer.

Third, the commercial house is designed for _____, with a height of __ meters.

4. The construction area of the commercial house is _____ square meters, of which the building area within the set is _____ square meters, and the shared building area is _____ square meters. For the construction sites that are included in the above shared shared allocation area, see the attached file.

5. The decoration and decoration materials and equipment standards of the commercial housing are shown in the attached file.

6. The state-owned land use right within the occupied area of the commercial house, and the land use right area shall be verified by the competent government department when Party B handles the registration of the state-owned land use right. The land use of the commercial house is _____, and the land use period is from ____________________ to ____________________.

7. The current project construction image of the building where the commercial house is located is ________.

Article 2 The rights of the commercial housing瑕疵

1. Party A informs Party B that the commercial house has the following rights:

[ ] The land use right within the occupied area has been mortgaged, the mortgagee is ____, the mortgage registration department is _____, and the mortgage registration date is _____.

【】The mortgage for construction in progress has been set up, the mortgagee is _____, the mortgage registration department is ____, and the mortgage registration date is _____.

2. Party A has notified the mortgagee of the pre-sale of the certificate of the commercial housing and Party A's commitment to handle the above-mentioned rights.

Article 3 Deposit and its treatment

1. Party B shall pay the deposit to Party A before ____, the currency _____.

2. When both Party A and Party B perform this contract, the deposit shall be processed in the following manner: ________.

【】At the time of the last payment of Party B, the contract price will be charged.

【】 At _____, Party A will return Party B at one time.

Article 4 Pricing Method and Price

Party B pre-purchased the commercial house with the construction area, the unit price is _____ yuan / square meter, the total price total _____, ____, the currency is ____. The total price consists of the following: ________________

[√] House price: ______ yuan.

【】 Decoration and decoration in the house cover: _______ yuan.

Article 5: Payment method, time and responsibility for late payment

1. Party B shall pay Party A the contract price in the following manner and time:

【】 One-time payment: ________________

[ 】 installment payment: __________________

【】 Pre-purchased commercial housing mortgage loan: ________

According to the provisions of this paragraph, the date on which Party B shall submit the complete loan application materials to the loan bank shall be deemed as the date on which Party B shall pay. If the loan bank issues a loan according to the contract, the date on which Party B actually submits the complete loan application information to the loan bank is regarded as the date of actual payment by Party B.

2. If Party B delays payment of the contract price, Party A shall bear the following liability for breach of contract, unless Party A terminates this contract according to law:

[ 】 Paying liquidated damages to Party A according to the interest of the deferred period calculated by the PBOC's commercial loan benchmark interest rate for the same period.

【】 According to the ____/day of the unpaid due price, Party A shall pay Party A the penalty for the delay period.

3. Party B delays payment of the contract price, and after Party A has not paid the due price in the future, and the amount of the unpaid amount has reached ____% of the total price, Party A has the right to terminate this contract and Clean up and settle:

【】 According to the benchmark interest rate of the People's Bank of China for commercial loans at the same time, Party A may require Party B to compensate the loss according to the total price of ____ times of the same period of interest from the date of signing this contract to the date of termination of this contract. Party A shall, within ____ days after the termination of this contract, refund the amount received by Party B to Party B after deducting the amount that Party B shall compensate. If Party B still has the pre-purchased commercial housing mortgage loan not returned, Party A may refund the refunded loan on behalf of Party B and refund the loan that has not yet expired in advance.

If there is another deposit at the time of the cancellation of this contract, the deposit will not be returned.

Party B shall, within the day when Party A terminates this contract, assist Party A to cancel the registration procedures before the cancellation of this contract. If the registration formalities handled before the termination of this contract are delayed due to the reasons of Party B, Party B shall bear the following liability for breach of contract:

【】 According to the _____/day of the total price, pay Party A the penalty for the delay period.

Article 6 Time, conditions and delays in delivery of the house

1. Party A shall deliver the commercial housing to Party B by _____ years _____ _____ days.

2. The delivery of the commercial house shall meet the following conditions:

[√] has obtained the "Construction Project Planning Acceptance Certificate" and the building construction project completion acceptance record proof materials;

[√] has obtained the “House Surveying and Mapping Achievements” for housing ownership registration;

[ ] The rights listed in Article 2 have been eliminated;

[ 】 The first item in the subsidiary file 6 that meets the commitment conditions of Party A at the same time as the delivery of the commodity house has reached the conditions promised by Party A;

If the commercial housing is residential, Party A shall also provide the Residential Quality Assurance and Residential Instruction Manual.

3. If Party A delays delivery of the commercial house, it shall bear the following liability for breach of contract; however, unless Party B terminates this contract:

[ 】 Paying liquidated damages to Party B according to the interest of the deferred period calculated by the PBOC's benchmark interest rate for commercial loans at the same time.

【】 According to the _____/day of the received price, Party B will pay the penalty for the delay period.

【】 Calculate the liquidated damages according to the rent standard of similar houses in the same place assessed by the real estate appraisal agency.

4. Party A delays the delivery of the commercial house. If Party B fails to deliver the goods after the notice is given by Party B, Party B has the right to terminate this contract and clean up and settle it according to the following agreement:

[According to the calculation of the benchmark interest rate of the commercial loan of the People's Bank of China during the same period, Party B may require Party A to compensate the loss in accordance with the total interest at the date of the signing of this contract until the date of the termination of the contract. Party A shall, within the date of termination of this contract, return the collected price to Party B and pay compensation to Party B at the same time. If Party B still has the pre-purchased commercial housing mortgage loan not returned, Party A may return the loan that has expired on behalf of Party B and refund the loan that has not yet expired.

If there is another deposit at the time of the termination of this contract, the deposit shall be refunded twice.

Party B shall, within ______ days after receiving the above agreed payment, assist Party A to cancel the registration procedures before the cancellation of this contract. If the registration formalities handled before the termination of this contract are delayed due to the reasons of Party B, Party B shall bear the following liability for breach of contract:

【】 According to the total price of _______/day, pay Party A the penalty for the delay period.

Article 7 Supporting infrastructure and other facilities

1. Party A's commitment to supporting infrastructure and other facilities can be found in the attached file.

2. If the delay in the facilities in Attachment File 6 reaches Party A's commitment conditions, Party A shall bear the following liability for breach of contract, unless Party B terminates this contract:

【】 According to the calculation of _____ yuan / day · item, paying liquidated damages to Party B.

The liability for breach of contract as stipulated in this paragraph shall not be applied in addition to the liability for late delivery of breach of contract as stipulated in Article 6.

3. After the delivery of the commercial house, the delay of the _____ facility in the Attachment File 6 shall meet the conditions of Party A's commitment. If it has not been reached within _____ days after the notice of Party B, Party B has the right to terminate this contract and deal with it as follows: _______________.

Article 8 Ownership of supporting houses and buildings

Party A and Party B agree that the supporting houses and buildings listed in Subsidiary File 7 are not included in the above-mentioned shared sharing area, but with the sale of commercial houses, they should be transferred free of charge to all owners, and all owners shall enjoy the rights and responsibilities according to the regulations. obligation.

The supporting houses and buildings other than those listed in the attached file 7 are owned by Party A. However, the right holder shall use the supporting houses and buildings in accordance with the planned approved purposes, and shall not arbitrarily change their uses.

Article 9 Agreement on Planning and Design Changes

1. Party A undertakes to construct according to the conditions determined in the “Construction Engineering Planning Permit” and the approved plan of the public housing project that has been publicized.

2. With the approval of the planning administrative department, the conditions stipulated in the “Construction Engineering Planning Permit” of the commercial housing project shall be changed after the entry into force of this contract, and the following conditions affecting the quality or function of the commercial housing shall occur. Party A shall approve the change. Party B shall notify Party B in writing within the day: ____________________.

[ 】 The distance between the building of the commercial building and the adjacent building is reduced by _____ meters.

【】 The height of the adjacent building in the south is increased by ____ meters.

[ ] The azimuth change value of the commercial house orientation exceeds ___ degrees.

3. With the consent of the design unit, the construction engineering design file of the commercial house shall be changed after the entry into force of this contract. If the following factors affect the quality or function of the commercial house appear, Party A shall notify Party B in writing within ____ days from the date of establishment of the change. :

[√] The structure of the commercial house has changed.

[√] The commodity house type has changed.

[√] The size of the space of the commercial house has changed, resulting in a reduction in the height of the floor over ____ cm, or the change in the floor area agreed in this contract exceeds _____ square meters.

[ 】 The commercial building has a shared building area sharing coefficient that exceeds the original coefficient by more than _____%.

4. Party B shall, within ______ days after receiving the notice from Party A, make a written reply to cancel the contract; if Party B has not replied to this contract in writing within the agreed time limit, Party B shall deal with it as follows:

[ 】 It is deemed that Party B accepts the change and the resulting contract price change.

5. If Party A fails to notify Party B in writing within the agreed time limit, Party B has the right to terminate this contract.

If Party B terminates this contract, Party A and Party B shall clear and settle according to the following agreement:

[ 】 Party A shall return the paid price, deposit and interest calculated according to the commercial loan interest rate of the People's Bank of China to Party B within the day after the termination of this contract, and compensate Party B for ______% of the total price.

6. Party B shall not reply to this contract in writing within the agreed time limit after receiving the notice from Party A, or Party A shall not notify Party B in writing within the agreed time limit, but Party B shall not terminate this contract, Party A shall cause the change to Party B. The actual impact will be compensated to Party B. Party A and Party B shall negotiate to resolve the compensation issue on a fair and reasonable basis; if the negotiation fails, the parties shall resolve the dispute in the manner agreed in Article 18 of this contract.

7. If the commercial housing project and the architectural engineering design file of the commercial housing have other planning changes or design changes after the entry into force of this contract, the rights and obligations of both parties A and B shall be handled in accordance with the laws and regulations and the spirit of other countries.

Article 10 Delivery and Receiving Procedures

1. After the commercial housing has the delivery conditions stipulated in the second paragraph of Article 6, Party A shall notify Party B in writing of the time and place of the handover formalities and the documents to be carried on the day before the confirmed delivery date. The delivery date determined by Party A's notice shall give Party B the necessary preparation time and necessary convenience.

2. When both Party A and Party B are handed over, Party A shall present the certificate file as stipulated in the second paragraph of Article 6, and satisfy the other conditions of delivery as stipulated in the second paragraph of Article 6. If Party A does not produce the certificate file or the certificate file presented is not complete, or fails to meet the other delivery conditions stipulated in the second paragraph of Article 6, Party B has the right to refuse to accept the commercial house, and Party A shall bear the late delivery according to the provisions of Article 6. responsibility.

When Party A and Party B hand over, Party A clearly informs Party B that the commercial house delivered has not yet obtained the certification documents stipulated in Article 6, paragraph 2, or has not met the other delivery conditions stipulated in Article 6, paragraph 2, and Party B is still willing to accept the commercial housing. It is considered as a change in the conditions for the delivery of the house.

3. Party A and Party B sign the commercial house transfer order, and deliver the key after delivery.

4. The commercial housing has met the delivery conditions, but after receiving the written notice from Party A, Party B refuses to accept the commercial housing or fails to handle the handover procedures as follows:

[ 】 Party B shall pay Party A the liquidated damages during the overdue handover period on a daily basis. The risk of damage or loss of the house shall be borne by Party B from the date of delivery determined by the written notice of the delivery.

Article 11 Treatment of Area Differences and Other Differences

1. When both Party A and Party B handle the handover procedures, if there is any error between the measured area of the commercial housing and the area agreed in the first article as stated in the second section of Article 6 of the Housing Surveying and Mapping Achievements, the following methods shall be adopted:

[ 】 If the building area error ratio is within ____% of the absolute value, it shall be settled according to the price agreed in Article 4;

If the building area error ratio exceeds the above ratio in absolute value, Party B has the right to terminate this contract. If Party B terminates this contract, Party A shall refund the price paid by Party B within the day after the date of termination of this contract, and calculate the interest paid according to the annual interest rate _____%. Party B agrees to continue to perform this contract. If the measured construction area is larger than the construction area stipulated in this contract, the price within part of the above ratio shall be replenished by Party B according to the price stipulated in Article 4, and Party B may not bear the price exceeding the above ratio, but its ownership shall be borne. If Party B is less than the construction area agreed in this contract, the price of part of the above ratio shall be returned by Party A to Party B. The price exceeding the above ratio shall be returned to Party B by Party A.

Second, the handling of other differences:

1. If the actual floor height of the commercial house is lower than the first agreed-up layer, and the error value exceeds the relevant national norms and standards allowable error values, Party A shall bear the following responsibilities:

2. If the decoration and decoration materials and equipment standards delivered by the commercial house are lower than the agreed standards of the subsidiary file 4, Party A shall bear the following liability for breach of contract:

【】 Double compensation to Party B according to the market price difference at the time of delivery.

Article 12 Pre-sales specialization and supervision

1. Party A guarantees that before the completion of the commercial housing, the contract price collected will be used exclusively for the construction of the building where the commercial house is located, and will not be used for other purposes.

2. Party A has signed a supervision contract with the bank for pre-sales of commercial housing, and the account opening behavior of the bank supervision account.

Party A and Party B agree that the contract price paid by Party B before the completion of the commercial housing shall be supervised by the above-mentioned banks in accordance with the relevant provisions on the supervision of pre-payment of commercial housing.

Article 13: Quality assurance of commercial housing

1. Party A promises that the commercial building uses qualified building materials and structural fittings. The quality of the commercial housing meets the requirements of the national, provincial and municipal engineering quality standards, standards and construction drawing design files.

2. If the quality of the main structure of the commercial house is unqualified by the provincial or municipal construction quality inspection agency with the above-mentioned testing qualifications at the municipal level or above, or because the commercial project has major engineering quality problems that seriously affect the normal use, Party B has the right. Release this contract. If Party B terminates this contract, it shall clear and settle it according to the following agreement:

[A] Party A shall refund all payments made within _____ days after the termination of this contract, and calculate interest payments according to the _____ interest rate; if Party A causes economic losses to Party B, Party A shall be liable for compensation.

Third, the engineering quality warranty scope and warranty period of the commercial housing can be found in the attached file 8. The warranty period is calculated from the date of delivery of the commercial housing.

Party A shall bear the responsibility for the project quality warranty of the commercial house in accordance with the state regulations and this contract. During the warranty period, if Party B discovers that there is a project quality problem in the commodity house, Party A shall promptly notify Party A or its trustee; Party A or its trustee shall, after receiving the notice of repair from Party B, attend the inspection within the hour and according to the quality of the project. The actual situation and Party B agreed on the specific repair date, timely and reasonable arrangements for maintenance. Party B shall provide necessary cooperation during the inspection and maintenance of Party A or its trustee.

The trustee entrusted by Party A to undertake the warranty task shall be stationed at the site of the commercial housing project during the year. If Party A does not entrust the warranty task to the trustee, Party A shall set up a repair point at the site of the commercial housing project during the year.

Party A or its trustee shall bear the following responsibilities in fulfilling the responsibility for the quality warranty of the commercial housing project:

【】Pay liquidated damages to Party B on the basis of one day delay.

If the commercial housing is damaged due to the quality of the project during the warranty period, Party A shall compensate Party B according to the following agreement:

[ 】 Party B's actual economic losses.

4. If Party A and Party B have disputes over the quality of the commercial housing project, either party may entrust the provincial and municipal construction quality inspection agencies with the above-mentioned testing qualifications at the municipal level to test and the other party shall cooperate and assist in the testing.

If the test result supports one party's claim, the other party shall bear the test fee.

Article 14 Pre-property services

1. Before the signing of this contract, Party A has signed the “Preliminary Property Service Contract” with the property management enterprise for the property management of the commercial housing project of the commodity house, and has formulated the “Provisional Convention for Owners”. The "Preliminary Property Service Contract" and the "Provisional Owners' Convention" are detailed in Attached File 9-1 and Attached File 9-2.

Party B has read and voluntarily complied with the “Pre-Property Service Contract” and has signed the “Provisional Convention for Owners” and promised to exercise its rights and fulfill its obligations in accordance with its provisions.

After the signing of this contract, the owner's committee shall be produced by the owner's assembly according to law, and the “property service contract” signed by the owner's committee and the property management enterprise entrusted by the owner and the “owner's convention” formulated by the owners' general meeting shall be effective according to law. The Contract and the Temporary Owners’ Convention are terminated by themselves.

2. For other matters related to the property management of the commercial housing, see Attached File 9-3.

Article 15: Procedures for registration of contracts and procedures for registration of ownership

1. Within the day after the signing of this contract, Party A shall, through the online real estate operation system of Nanjing Municipality, deliver the basic information of this contract to the Property Market Office of Nanjing Real Estate Administration for the record.

2. After the basic information of this contract is transmitted to the property market of Nanjing Real Estate Administration for record, and within ______ days after the signing of this contract, Party A and Party B shall go through the formalities for registration of the pre-sale contract for commercial housing in accordance with the regulations.

3. Party B shall apply for the registration of the pre-purchased commodity housing for the payment of the contract price, and Party A and Party B shall, at the same time or in advance, go through the registration formalities for the pre-sale contract of the commercial housing.

4. Within _____ days after the delivery of the commercial housing, Party A and Party B shall jointly apply for the registration of ownership transfer.

Party A shall submit the registration information of the ownership of the house to be provided to the property market of Nanjing Real Estate Administration before both parties apply for registration of ownership transfer.

5. Party A promises:

【】 After Party B receives the “Building Ownership Certificate”, Party B has the right and should require Party A to cooperate with the registration of the change of state-owned land use right within the scope of occupation of the commercial house.

【】 After Party B receives the “Building Ownership Certificate” _____ days, Party B has the right and should require Party A to cooperate with the registration of the change of state-owned land use right within the scope of occupation of the commercial house.

6. If one party is at fault, the procedures listed in this article are delayed, and if the other party fails to handle the matter after the other party’s reminder, the fault party shall bear the following liability for breach of contract:

【】 Calculate the liquidated damages according to the delay of _____ yuan per day.

7. After the supporting houses in the subsidiary file 7 are completed, Party A shall promptly hand over to the owners' committee or the property management enterprise as required. Among them, the property management service house shall apply for the ownership registration of the house in the name of all the owners in the property management area in accordance with the prescribed procedures when Party A handles the initial registration of the ownership of the house; if other owners’ committees that meet the conditions for the registration of ownership have been established, Party A shall Cooperate with the owners' committee to timely register the ownership transfer of the house according to the relevant regulations, and register it in the name of all the owners.

Article 16 Conditions for Entry into Force A and B agree that this contract shall be signed by both parties and shall become effective.

Article 17 The documents relating to this contract served by the other party shall be delivered to the destination by the mailing address specified in this contract; if one party needs to change the mailing address, it shall promptly notify the other party. If the recipient does not receive the service file due to the recipient or its signatory, it is deemed to have been delivered.

Article 18: Where disputes are resolved due to the conclusion, validity, performance, modification, transfer, termination, etc. of this contract, Party A and Party B shall resolve the dispute through negotiation. If the negotiation fails, it will be resolved as follows:

【】 File a lawsuit in the people's court.

【】 Apply to the Nanjing Arbitration Commission for arbitration.

【】 Apply to the _____ Arbitration Commission for arbitration.

Article 19 The validity of the contents of the supplementary agreement, the contents of the subsidiary files, and the blanks

1. In the event that the contract is not completed, Party A and Party B may sign a supplementary agreement. The Supplementary Agreement has the same legal effect as this Agreement. However, the contents of the Supplementary Agreement are unreasonably relieved or exempted from the liability of Party B, which shall be borne by Party A, or unreasonably aggravate Party B’s liability and exclude Party B’s main rights.

2. The subsidiary file of this contract is an integral part of this contract. The contents of the subsidiary file and the contents of the space have the same legal effect as the printed content. However, the content of the subsidiary file and the content of the blank part exclude the non-optional content in the printed part, and unreasonably reduce or exempt the responsibility stipulated in this contract from Party A, or unreasonably increase Party B’s liability and exclude Party B’s main The rights are still subject to the excluded printed content.

Article 20: The number of contracts and the agreement after receipt

This contract is a _____ share; Party A _____ copies, Party B _____ copies; Party B shall also hold a copy of "Party B for registration procedures".

Attached file 1, general plan

Attached file 2, set and layered plane position map

Attached file 3, counted in the common part of the shared sharing area

Attached file 4, decoration and equipment standards

[√] Exterior wall:

[√] interior wall:

[√] Ceiling:

【√】Indoor floor:

【】Outer window:

【】 unit security door:

【】Customer door:

【】Internal door:

【】Kitchen: 【√】Ground:

[√] Wall:

[√] Ceiling:

【】 Facilities:

【】Bathroom: [√] Ground:

[√] Wall:

[√] Ceiling:

【】Sanitary Ware:

【】Elevator: 【√】Brand name and model:

[√] Origin:

【】Other:

Subsidiary file 5

Party A has notified the mortgagee to pre-sell the certificate of the commercial housing

Party A’s commitment to handling rights

【】 The registration of the mortgage of the commercial house will be cancelled within days after the signing of this contract.

【】 Go through the mortgage registration before the registration of the pre-sale contract for commercial housing.

[ ] The mortgage registration is cancelled before the delivery of the commercial housing.

【】 Cancellation of mortgage registration before registration of ownership transfer.

Party B has the right to terminate this contract because Party A has delayed the registration of the above-mentioned cancellation of mortgage registration, and has not processed it within the day after Party B’s reminder, or Party A provides false “A Party has notified the mortgagee to pre-sell the commodity house”. And clean and settle as follows:

[A] Party A shall return the paid price and the interest calculated according to the interest rate to Party B within one day after the termination of this contract, and shall also bear punitive damages to Party B at twice the amount of the paid price.

Attachment file 6, supporting infrastructure and other facilities

【】 1, water, water facilities:

____ years ___ month ____ day reached;

【】 2, power supply and distribution facilities: