Real estate transaction contract

Contract number: _________
Party A: _________
address:_________
Postal code: _________
[Business license registration number] [ID card number]: ______
[legal representative] [I]: _________
contact number:_________
Attorney: _________
contact number:_________
address:_________
Postal code: _________
Party B: _________
[I] [legal representative] Name: _________
Country of Citizenship:_________
[ID number] [passport] [business license registration number] []: _________
address:_________
Postal code: _________
contact number:_________
[Authorized Agent] [] Name: _________
Country of Citizenship:_________
address:_________
Postal code: _________
contact number:_________
Party C: _________
Registered address:_________
Postal code: _________
Business license registration number:_________
Legal representative: _________
contact number:_________
According to the "Contract Law of the People's Republic of China", the "Urban Real Estate Management Law of the People's Republic of China" and other relevant laws and regulations, between Party A and Party B, the purchase and sale of housing, the relationship between the two principals and the intermediaries C On the basis of equality, voluntariness and consensus, the following agreements are reached:
Article 1 The basic conditions of the real estate under the contract are as follows:
Owner _________; co-owner _________; seat; project name _________, _________ floor _________ room type _________ room _________ hall _________ _________ balcony; building area; cover area; real estate Warrant number _________; land nature _________; house ownership certificate number _________; land use right certificate number _________; house use right lease number _________; contract registration number _________.
Article 2 Entrusted matters
1. Party A’s entrustment to Party C:
Party A wants to sell the above-mentioned houses to find the buyer, and reports the details and requirements of the house to the buyer. At the same time, report the situation of the buyer to Party A. After Party C has promoted the buyer and seller to reach the intention of buying and selling the house, the two parties sign the contract and are responsible for assisting in handling the property rights change of the house.
2. Party B’s entrustment to Party C:
Party B wants to purchase _________ housing _________ sets in the _________ city _________ area _________ area, the area is _________ square meters. Entrust Party C to search for information and report it to Party B in time to facilitate Party B's purpose of purchasing the house. After Party C has promoted the buyer and seller to reach the intention of buying and selling the house, the two parties sign the contract and are responsible for assisting in handling the property rights change of the house.
3. In order to ensure the normal performance of the transfer agreement reached between Party A and Party B, the client jointly entrusts Party C to provide the following _________ intermediation services:
Assisting Party A and Party B to sign a performance guarantee contract with the bank;
Collection, transfer of housing and deposits;
Agency housing _________ rights transfer procedures;
Agency loan procedures;
Collection, payment of transfer taxes and loan fees;
Take the title certificate;
Charge the title certificate and cancel the mortgage;
_________.
Article 3 The transaction price of Party A and Party B agrees that the purchase price of the property is _________: _________ yuan. [Where: the purchase and sale price of the property is _________: _________ yuan; the transfer price of the decoration and ancillary facilities is _________: _________ yuan].
Article 4 Details of the transaction
1, matching: _________
2, home appliances: _________
3. Furniture: _________
4. Other: _________
5, fixed decoration: Party A clearly fixed decoration refers to the fixed part of the building decoration including but not limited to floor, wall, closet, iron door, door, door handle, door and window, security net, faucet, embedded exhaust fan , lamps, illuminators, kitchen and bathroom facilities, etc., such fixed decoration will be destroyed to destroy the integrity of the facility, so Party A should maintain its complete delivery.
Article 5 Remuneration of Party C Completion of Entrustment Party C has completed the entrustment of both parties under this contract, and both parties voluntarily choose the following _________ methods to pay Party C:
According to the proportion of _________% of the contract, Party A _________%, Party B _________%.
Both parties pay Party C's lowercase _________ yuan, capitalized _________. Among them, Party A _________ yuan, capital _________. Party B _________ yuan, capitalized _________.
Article 6 If Party C fails to complete the entrusted tasks, Party C shall not receive remuneration for the failure to complete the entrusted instructions of the Principal, but may charge a certain fee according to the actual expenses. The Principal shall voluntarily choose the following _________ Pay the fee to Party C.
One-time payment of RMB _________ yuan to Party C shall be borne by each of the principals by 50%.
According to the actual expenses incurred by Party C, both parties shall bear 50% of each.
Article 7 Settlement method
1. Both parties agree to agree that the house price is RMB ______.
2. Both Party A and Party B agree to agree on the taxes and fees required for the transfer of property rights of the house, and select the following _________ items:
Party A and Party B each bear the same;
All taxes and fees are borne by _________ party.
3. The “Real Estate Sale Contract” signed by both parties, if they need to be notarized, the expenses shall be borne by _________.
4. Both parties agree and agree that, from the date of signing this contract, Party B will deposit the deposit of RMB _________ by the Party C for custody; the deposit will be deposited into the performance guarantee bank.
5. Party A and Party B agree to agree that within _________ days from the date of signing this contract, _________ will transfer the house transfer fee to RMB _________ yuan, and _________ will transfer the loan fee to RMB _________ yuan to C The party is kept.
6. Party A and Party B agree to agree to Party B to adopt the following payment method of _________ payment method. Within _________ days from the date of signing this contract, Party B shall deduct the purchase price from the purchase price after the deposit has been paid. _ yuan, oral sex is kept by C; the deposit is deposited into the performance guarantee bank.
In cash instalments, within ______ days from the date of signing this contract, Party B shall pay Party A the amount of RMB _________ for the down payment. Within _________ days from the date of signing this contract, Party B will deduct the balance of the purchase of the house other than the deposit and the down payment, RMB _________ yuan, and the oral hand will be kept by Party C; the deposit will be deposited into the performance guarantee bank.
Commercial loan Party B applies for a commercial loan with a loan amount of RMB ______ yuan and a loan term of _________ years. Within _________ days from the date of signing this contract, Party B shall deduct the total amount of the purchase of the house from the amount of the deposit and the amount of the loan to be paid. The _________ oral account shall be kept by Party C; the deposit shall be deposited into the performance guarantee bank.
The provident fund loan Party B applies for a provident fund loan. The proposed loan amount is RMB _________ yuan, and the loan period is _________ years. Within _________ days from the date of signing this contract, Party B shall deduct the total amount of the purchase of the house from the amount of the deposit and the amount of the loan to be paid. The _________ yuan shall be handed over to Party C for custody; and the deposit shall be deposited into the performance guarantee bank.
Group loan B applies for a portfolio loan, in which the commercial loan amount is RMB _________ yuan, the loan period is _________ years; the proposed fund for the provident fund is RMB _________ yuan, and the loan period is _________ years. Within _________ days from the date of signing this contract, Party B shall deduct the total amount of the purchase of the house from the balance of the purchase of the deposit and the amount of the loan to be paid. The _________ yuan shall be handed over to Party C for custody; .
7. If Party B encounters difficulties in formulating one of the above loans, Party A and Party B agree to change Party B's payment method of _________:
Cash lump sum cash installment provident fund loan portfolio loan
Article 8 Party A's Rights and Obligations
1. Party A promises:
The ownership of the house is clear, and there are no factors affecting the transfer, such as seizure, mortgage, lease, debt and debt disputes;
The personal identification certificate, business license, house ownership certificate and relevant file information required for the transfer and loan issued to Party C are true, legal and valid;
Spouses, family members and cohabitants agree to sell the house and must not conceal marital status;
If the house is being rented, Party A must issue a statement that the lessee waives the purchase of the house and agrees to the relocation guarantee;
Party A shall settle all relevant expenses such as water, electricity, gas, heating, property, telephone, and cable TV viewing fees before the delivery of the house. If the relevant arrears cannot be paid in time, Party A will be willing to deposit the deposit equal to the arrears at Party C when obtaining the full amount of the payment. After Party A pays the arrears, Party A will recover the deposit with the payment invoice. Upon payment of the arrears, Party A will use the deposit to offset the arrears and authorize Party C to transfer the deposit to Party B.
Party A shall move out the account before the house is delivered to Party B. If there is any difficulty, Party B agrees that Party A will move out of the account within _________ days from the date of the arbitrage, and when Party A collects the payment, the account deposit of RMB _________ yuan will be handed over to Party C for custody, and the account will be moved out. After that, Party A will collect the deposit from Party C, unless otherwise agreed by Party A and Party B.
2. The gas source fee and maintenance fund paid by Party A will not be returned to Party A after the sale of the house, and the ticket will be delivered to Party B. If Party A’s ticket is lost, it needs to be transferred to provide relevant certificates, and the expenses incurred due to the transfer. Committed by the _________ party. After consultation between Party A and Party B, the gas source fee that has not been paid shall be borne by _________ party, and the maintenance fund that has not been paid shall be borne by _________ party.
3. The relevant archives required for the transfer of the house and the loan will be fully prepared within _________ days of signing this contract.
4. On the day when Party A obtains all the funds, Party A will deliver the house to Party B and handle the house handover procedures. After Party A delivers the house to Party B, Party A no longer assumes responsibility for the maintenance of the house.
5. Party A shall personally go to the site to verify the identity and relevant legal documents in accordance with the regulations of the housing management department and the time notified by Party C.
6. Party A shall provide necessary assistance and cooperation for Party C's intermediation activities.
Article 9 Party B's Rights and Obligations
1. Party B guarantees that the relevant documents and materials required for the transfer of the ownership of the house and the application for the loan issued by Party C are true, legal and valid; and the required file materials are sent to Party C within _________ days of signing this contract.
2. Party B shall pay on time according to the time stipulated in this contract.
3. Party B shall go to the site to verify the identity and relevant legal documents in accordance with the regulations of the housing management department and the time notified by Party C. If Party A meets the requirements of the first paragraph of Article 8, Party B can accept the house and pay the purchase price in time according to _________.
After paying the transfer tax and fees, after the property right certificate is completed, the bank will release the money after Party A retreats.
4. Party B shall provide necessary assistance and cooperation to Party C's intermediation activities.
Article 10 Rights and Obligations of Party C
1. Party C accepts the entrustment of both parties, and prompts both parties to provide relevant file information.
2. Party A entrusts Party C to collect the purchase deposit and house purchase payment paid by Party B. Party C shall indicate in the receipt of receipt that Party A collects the fee.
3. The documents and documents issued by Party C to Party A and Party B shall be properly kept.
4. Party C shall receive the transfer procedures for Party A and Party B within three working days after receiving all the room payment, partial house payment or down payment, and the documents provided by Party A and Party B within three working days. In accordance with the relevant regulations and the notice of Party C, the _________ party will accompany the relevant personnel to the site for inspection.
5. Properly arrange the handover between Party A and Party B, and remind Party A and Party B to settle the agreed fees.
Article 11 Party C’s liability for breach of contract
1. Party C has one of the following acts that is a breach of contract:
Unauthorized dissolution of the contract without justifiable reasons;
Colluding with others and damaging the interests of both parties;
Intervention of the client's willingness to buy and sell the house, in lieu of one of the principals negotiating, signing, etc. with the other party, damages the rights of the other party.
_________.
2. If Party C defaults, it shall bear _________% of the total price of the commission expected by Party C. If Party C causes economic losses to any party to the client due to breach of contract, and the liquidated damages are insufficient to make up for it, Party C shall compensate the victim for the difference in the loss.
Article 12 The principal’s liability for breach of contract
1. The client has one of the following circumstances:
Unauthorized dissolution of the contract without justifiable reasons;
Interacting with each other or with others, damaging the interests of Party C;
Failure to provide relevant real estate documents, files, contracts, identity documents, etc. to Party C in accordance with the power of attorney or the principal of this contract, causing Party C to fail to complete the intermediation task and causing actual losses to Party C;
_________.
2. If the principal breaches the contract, choose from the following:
If a deposit has been paid to Party C, the deposit cannot be recovered;
Compensation shall be paid in accordance with the commission that Party C shall receive in this contract;
Indemnify Party C in accordance with the % of the total price of the subject matter of this contract.
_________.
Article 13 Dissolution of the contract
1. The parties agree to cancel the contract;
2. The purpose of the contract cannot be achieved due to force majeure;
3. Before the expiration of the entrustment period, one of the parties expressly indicates or fails to perform the main obligations in accordance with its own conduct;
4. The party concerned delays the performance of its main obligations and fails to perform it within _________ working days after being urged;
5. The party concerned cannot cause the purpose of the contract to be realized due to other reasons.
Article 14 Declaration and Guarantee Party A:
1. Party A has the right to sign and be able to perform this contract.
2. All the procedures required for Party A to sign and perform this contract have been completed and are legal and valid.
3. At the time of signing this contract, no court, arbitral institution, administrative organ or regulatory body has made any judgment, ruling, ruling or specific administrative act that is sufficient to cause Party A to have a material adverse effect on the performance of this contract.
Party B:
1. Party B has the right to sign and be able to perform this contract.
2. All the procedures required for Party B to sign and perform this contract have been completed and are legal and valid.
3. At the time of signing this contract, no court, arbitral institution, administrative organ or regulatory body has made any judgment, ruling, ruling or specific administrative act that is sufficient to cause Party B to have a material adverse effect on the performance of this contract.
Party C:
1. Party C has the right to sign and be able to perform this contract.
2. All the procedures required for Party C to sign and perform this contract have been completed and legally valid.
3. At the time of signing this contract, no court, arbitral institution, administrative organ or regulatory body has made any judgment, ruling, ruling or specific administrative act that is sufficient to have a material adverse effect on Party C's performance of this contract.
Article 15 The three parties shall guarantee the confidentiality of the files and materials that are known to others during the process of discussion, signing and execution of this agreement and that cannot be obtained through public channels. The other party may not disclose all or part of the trade secret to any third party without the consent of the original provider of the information and the file. However, unless otherwise stipulated by laws and regulations or otherwise agreed by the three parties. The period of confidentiality is _________ years.
Article 16 Notice
1. According to this contract, all notices sent by one party to the other party, as well as the file exchanges of the three parties and the notices and requirements related to this contract, must be in writing and can be transmitted by _________. If the above methods cannot be delivered, the method of delivery of the announcement may be adopted.
2. The mailing address of each party is as follows: _________.
3. A party's change notice or mailing address shall be notified to the other party in writing within _________ days from the date of change; otherwise, the unreported party shall bear the relevant liabilities arising therefrom.
Article 17 Change of Contract During the performance of this contract, in the event of special circumstances, if either party A, B or C needs to change this contract, the party requesting the change shall promptly notify the other party in writing, and after obtaining the consent of the other party, the three parties shall A written change agreement is signed within the time limit and the agreement will become an integral part of the contract. Without the written documents signed by the three parties, neither party has the right to change this contract. Otherwise, the economic losses of the other party will be borne by the responsible party.
Article 18 Assignment of a Contract Unless otherwise provided in the contract or agreed by the three parties, any rights and obligations of the three parties provided for in this contract shall not be transferred to the third party without the prior written consent of the other party. By. Any transfer without any express written consent of the other party is void.
Article 19 Dispute Resolution
1. This contract is governed by and construed in accordance with the laws of the People's Republic of China.
2. The disputes arising during the performance of this contract shall be settled by the parties concerned through negotiation, or may be settled by the relevant departments; if the negotiation or mediation fails, the following _________ methods shall be adopted:
Submit to the _________ Arbitration Commission for arbitration;
Prosecuted to the people's court according to law.
Article 20 Force majeure
1. If any party to this contract fails to perform all or part of its obligations under this contract due to the event of force majeure, the performance of the obligation shall be suspended during the event of force majeure.
2. The party claiming to be affected by the force majeure event shall, as far as practicable, notify the other party of the occurrence of the force majeure event in writing within the shortest possible time, and provide the other party with such force majeure events within _________ days after the occurrence of the force majeure event. Appropriate evidence of its duration and written information that the contract cannot be performed or needs to be extended. Claiming a force majeure event causes its performance of this contract to be objectively impossible or impractical, and it is the responsibility of all reasonable efforts to eliminate or mitigate the effects of such force majeure events.
3. When a force majeure event occurs, the three parties shall immediately decide how to implement this contract through friendly negotiation. After the event of force majeure or its effects is terminated or eliminated, the three parties shall immediately resume the performance of their respective obligations under this contract. If force majeure and its effects cannot be terminated or eliminated, causing either party to the contract to lose the ability to continue to perform the contract, the three parties may negotiate to terminate the contract or temporarily delay the performance of the contract, and the party facing the force majeure shall not be liable for this. If the party is force majeure after the delay in performance, the liability cannot be waived.
4. The term "force majeure" as used in this contract means that the affected party cannot reasonably control it, cannot be expected or even if it is expected to be inevitable and cannot be overcome, and appears after the signing date of this contract, so that the party may Partial performance is objectively impossible or impractical. Such events include, but are not limited to, natural disasters such as floods, fires, droughts, typhoons, earthquakes, and social events such as war, turmoil, strikes, government actions, or legal requirements.
Article 21 Interpretation of the Contract The unfinished matters or the contents of the clause are unclear. The parties to the contract may make a reasonable explanation of the contract in accordance with the principles of this contract, the purpose of the contract, the trading habits and the content of the related terms. This interpretation is binding unless the interpretation is inconsistent with the law or this contract.
Article 22 Supplementary and subsidiary files The matters not covered in this contract shall be implemented in accordance with relevant laws and regulations. Where the laws and regulations do not stipulate, the three parties shall be able to reach a written supplementary contract. The subsidiary files and supplementary contracts of this contract are inseparable components of this contract and have the same legal effect as this contract.
Article 23 The validity of the contract
1. This contract shall take effect from the date on which the representative of the three parties or the three methods or their authorized representative signs and affixes the official seal of the unit or the special seal of the contract.
2. The validity period is _________ years, from _________ years _________ months _________ days to _________ years _________ months _________ days.
3. The original form of this contract is _________ copies, and each of the three parties holds _________ copies, which has the same legal effect.
person A person B:_________
Legal representative: _________ Legal representative: ______
Attorney: _________ Attorney: ______
Bank of deposit: _________ Bank of deposit: _________
Account number: _________ account number: _________
Signing location: _________ Signing location: _________
_________Year ____________________________________________________________________________________________________________________________________
Broker qualification number: _________
Real estate agent qualification number: _________
place of signing:_________
_________year month day