Demonstration text of commercial housing contract

Ministry of Construction, State Administration for Industry and Commerce

Notice 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 October 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.

Attachment: Demonstration text of commercial housing contract

Ministry of Construction, State Administration for Industry and Commerce

September 13, 2000

No.: GF-2000-0171

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

Parties to the contract:

Selling person: ____________________________

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:___________________________

Legal representative: __________ Contact number: ___________

Postal code: ___________________________

Buyer: ____________________________

[I] [legal representative] Name: _________ Nationality_______

[ID card][passport][business license registration number][ ]___________

address:_____________________________

Postal code: ___________ Contact number: ___________

[Authorized Agent][] 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:

The first project construction basis.

The seller obtains the land use right of the land parcel located at ______ and numbered ______ by way of _____. [Land use right transfer contract number] [land use right allocation approval file number] [allocated 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 ________ to ___________.

The seller shall, upon approval, construct a commercial house on the above-mentioned land, [now named] [tentative name]___. The construction project planning license number is _____ and the construction permit number is _____.

______________________________.

The second basis for the sale of commercial housing.

The commodity house purchased by the buyer is [current house] [pre-sale commodity 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:

The first _____[building][seat]_____[unit][layer]______ room.

The use of the commercial house is _____, which belongs to the _____ structure, the floor height is ____, the building layer is _____ layer on the ground, and the underground _____ layer.

The commercial room balcony is [closed] [non-closed].

The commercial housing [contract agreement] [property registration] construction area total ______ square meters, of which, the building area of ​​the building is _____ square meters, and the public parts and public housing share the building area ___ square meters.

_________________________________.

The fourth method of pricing 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 price of the commercial house 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_______ yuan.

3, according to the calculation, the total price of the commercial housing is __千__百__拾__万__千__百______ yuan.

4. _______________________________.

Article 5 Area confirmation and area difference processing.

According to the pricing method selected by the parties, this article provides for area confirmation and area difference treatment based on [building area] [in-building area].

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 the following methods:

1. The two 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 refund the buyer 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 - contracted 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:

1, 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, it shall be handled in the following way:

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 terminate 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 ___ item to be paid.

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 housing experience has passed.

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

3. The commercial house has passed the comprehensive inspection and acceptance of the sub-period.

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

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. Suffering 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 ___ manner:

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 ___ the penalty for the payment of the house price on the day, and the contract continues. fulfill;

After the ___ day is overdue, 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 planning change approved by the planning department or the design change agreed by the design unit results in the following factors affecting the quality or function of the commercial 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 is handed over.

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 ___:

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 for the loss of ___% of the paid house price.

2. If the buyer does not check out, the seller will pay 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 shall not arbitrarily change the main structure, load-bearing structure and use of the commercial house during use. 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 adopted:

1. Submit to the ______ Arbitration Commission for arbitration.

2. Prosecuted 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 subsidiary files, has a total of ___ pages, 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]:

[ ]:

___Year ___月___日___年___月___日

Signed in

Attachment File 1: Floor 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