[Boutique] second-hand house sale and purchase agreement

Article 1: Second-hand house sale and purchase agreement

Party A: ID card number:

identification number:

Party B: ID card number:

identification number:

According to the "Economic 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, Party A and Party B shall, on the basis of equality, voluntariness and consensus, a model contract for second-hand housing sales. Party B shall sign this contract with Party A to purchase the property, in order to share the implementation.

Article 1, Party B agrees to purchase the property owned by Party A and located in the county of ****, with a construction area of ​​**** square meters. The additional **** garage area is **** square meters.

Article 2 The transaction price of the above-mentioned real estate is: the total price is **** yuan, and Party B shall pay the house payment to Party A in one lump sum on the day of signing this contract. Party A shall deliver all the real estate transactions to Party B within the day after receiving the full amount of Party B's payment.

Article 3 Party A shall cooperate with Party B to complete the transfer procedures within 3 months from the date of the five-year period of the real estate certificate, and Party B shall bear all expenses incurred by the transfer.

Article 4: Liability for breach of contract: After the contract between Party A and Party B is signed, if Party B breaches the contract in the middle, Party A shall notify Party A in writing, Party A shall return Party B's payment without interest to Party B within three days, but the purchase fee is ** * Yuan is owned by Party A. If Party A breaches the contract in the middle of the contract, Party B shall notify Party B in writing and return the paid and corresponding bank interest to Party B within three days from the date of default, and shall pay Party B's liquidated damages ***.

Article 5, this contract is in duplicate. Party A and Party B each hold one copy. The disputes arising during the performance of the contract may be resolved by negotiation and litigation.

Article 6: If there is no such thing as this contract, Party A and Party B may separately agree, and the supplementary agreement shall be legally binding by the signing of both parties and this contract.

Out of the seller: Purchaser:

ID card number: ID card number:

Address: Address:

Phone: Phone:

Witness:

address:

phone:

Date of signing: Year, month and day

Article 2: Second-hand house sale and purchase agreement

Seller:

buyer:

In accordance with the relevant laws and regulations of the People's Republic of China and the relevant provisions of this Municipality, Party A and Party B shall enter into this contract in accordance with the principles of voluntariness, fairness and good faith, in order to comply with them.

Article 1 Party A transfers its own house and the land use right within the scope of the house to Party B. The real estate situation is as follows:

The real estate is located in Shanghai *** [district] [county] housing type *** structure:;

The building area of ​​the house is *** square meters, and the land use right [area] [assessed area] *** square meters within the occupied area of ​​the house.

Real estate four to range

The property ownership of the real estate is [state-owned] [collectively owned] land; the land use right is obtained by [transfer] [allocation];

Floor plan layout and attached facilities, interior decoration standards

Party A obtains the real estate right certificate number according to law: ***; Party B has fully understood the specific conditions of the above-mentioned transferred real estate of Party A and voluntarily bought the above-mentioned real estate.

Article 2 Party A and Party B agree by consensus that the above-mentioned real estate transfer price is *** yuan. : Thousands of thousands of thousands of far-reaching. Party A and Party B agree that within *** days from the date of signing this contract, Party B shall pay the above-mentioned real estate transfer price to Party A, and the specific payment method and term shall be separately paid. Party A shall issue a receipt voucher for the house price delivered by Party B.

Article 3 If the real estate purchased by Party A is the [transfer method] [allocation method] to obtain the right to use state-owned land, it shall be handled in the following [1] [2].

1. Party A's use of state-owned land use rights is for years. Party B shall transfer the above-mentioned real estates in accordance with this contract. The period of ownership of state-owned land use rights is _____ years, which is the effective period for Party B to use state-owned land use rights according to law. . After Party A transfers the above-mentioned real estate to Party B, the rights and obligations specified in the transfer contract are transferred to Party B.

2. In accordance with the laws, regulations, rules and relevant regulations of the People's Republic of China, [shall apply] [may not apply] the procedures for the transfer of land use rights, [Party A] [Party B] shall go through the procedures for the transfer of land use rights. Pay the land use right transfer fee] [to transfer the land income from the proceeds from the transfer of real estate to the country].

Article 4 Party A and Party B agree that after the entry into force of this contract, Party A shall, in addition to the irresistible human factors, Party A shall deliver the protest real estate to Party B on the ***, ***, and *** days. Delivery mark: ***.

Article 5 Except that the real estate transaction management institution makes a decision not to transfer the account according to law, the date of the transfer of the above real estate rights shall be subject to the date on which the [city] [district] [county] real estate transaction management institution accepts the application for transfer of the real estate.

Article 6 The above-mentioned real estate risk liability shall be transferred to Party B from the date of the real estate [rights transfer] [transfer possession].

Article 7 After the entry into force of this contract, Party A and Party B shall pay taxes and fees in accordance with the relevant provisions of the State and this Municipality. Other expenses such as property management fees, utilities, gas, telecommunications charges and other expenses incurred in the use of the property that were not paid before the above-mentioned real estate [rights transfer] [transfer possession] shall be paid in accordance with the attached document of this contract. The expenses incurred in the real estate after [rights transfer] [transfer of possession] shall be paid in accordance with the stipulations of the attached file of this contract.

Article 8 The real estate transferred by Party A to Party B shall be the [residential] [non-residential] houses recorded in the original real estate right certificate. For the related relationship, see Attached File V. For the Owners' Convention, see Attached File 6.

Party B shall not arbitrarily change the structure and use of the house during its use. Party B shall bear corresponding obligations for the use of public parts, passages and facilities associated with the real estate, and shall safeguard public facilities and public interests. Party B confirms the above-mentioned owners' convention of the transferred real estate, and has the corresponding rights and corresponding obligations.

After the above-mentioned real estate is registered for transfer transfer, Party A and Party B jointly go to the property management unit to handle the change of use, maintenance management account name and related procedures after the transfer of the real estate.

Article 9 Party A guarantees that there is no property dispute or financial dispute at the transfer of the above-mentioned transferred real estate. If the property rights or financial disputes existed prior to the handover of the above-mentioned real estate transfer, Party A shall bear full responsibility.

Article 10 If Party B fails to pay according to the time limit stipulated in this contract, it shall pay interest to Party A according to the overdue payment. The interest shall be calculated from the second day from the date of payment due to the date of actual payment. After the lapse of *** days, Party A and Party B agree to deal with the following [1] [2].

1. In addition to paying interest, Party B shall pay Party A the liquidated damages according to the ***% of the overdue payment, and the contract shall continue to perform.

2. Party A has the right to notify Party B to unilaterally terminate the contract. Party A shall deduct from Party B's payment that Party B shall pay Party A the overdue payment of ***% of the liquidated damages, and the balance shall be returned to Party B. Party B shall pay Party A on the date of receipt of the written notice. If Party B defaults to cause economic losses to Party A, and Party A’s actual economic losses exceed Party B’s liquidated damages, the difference between the actual economic losses and liquidated damages shall be compensated by Party B.

Article 11 In addition to the manpower irresistible factors, if Party A fails to deliver the above-mentioned real estate to Party B within the time limit stipulated in the contract, Party B shall pay interest to Party B according to the received payment, and the interest shall be delivered from the second day to the date of delivery. On the day of the interest, the interest is calculated. After the lapse of *** days, Party A and Party B agree to deal with the contents of [1] [2] below.

1. Party A shall pay Party B the liquidated damages in addition to the interest payable, and the contract shall continue to perform.

2. Party B has the right to notify Party A to unilaterally terminate the contract. Party A shall, in addition to returning the paid house payment and interest to Party B within the day after receiving the written notice, shall also pay ***% of the paid house payment. Party B pays liquidated damages. If Party A breaches the contract and causes economic losses to Party B, if the actual economic loss of Party B exceeds the liquidated damages payable by Party A, the difference between the actual economic loss and the liquidated damages shall be compensated by Party A according to the facts.

Article 12 The two sides of the Serie A and Party B agree that the matters not covered in this contract may be supplemented or supplemented by the supplementary clauses and supplementary agreements without the violation of the principles of this contract. The supplementary clauses and supplementary agreements and supplementary files entered into by Party A and Party B An integral part of this contract. The text in the space section of this contract and its accompanying files is equivalent to the printed text.

Article 13 This contract shall come into force on the date of A and B [signed by both parties] [notarization of notary office]. When signing this contract, both Party A and Party B have full capacity for civil conduct, clearly understand their respective rights and obligations, and perform in accordance with the provisions of this contract.

Article 14 This contract is used in the laws and regulations of the People's Republic of China. If a dispute arises between Party A and Party B in the process of travel this contract, it shall be settled through negotiation. If the negotiation cannot be resolved, the following method shall be selected:

Submitted to the Arbitration Commission for arbitration;

Prosecuted to the people's court according to law.

Article 15 This contract is in one form, one for each of Party A and Party B, one for the [city] [district] [county] real estate transaction management agency, and one for the [city] [district] [county] real estate registration agency.

Seller: Buyer:

**Year **Month **Day **Month **Day

Part 3: Second-hand house sale and purchase agreement

Basic information of the parties:

Seller:

Name: ________________ Nationality/Region: _____________

ID/Passport number: _____ contact number: ______________

Mailing address: ___________ postal code: ______________

Share: ________________________________

Company or organization name: __________________

Business license number: ________ share: _____________

Mailing address: ____________ postal code: _____________

Legal representative: __________ Contact number: ______________

ID/Passport number: ________________________________

Agent: ______________ Contact number: ______________

ID/Passport number: ________________________________

Mailing address: _____________ postal code: _____________

Co-owner:

Name: __________________ Nationality/Region: ____________

ID/Passport number: _______ Contact number: _____________

Mailing address: ______________ Postal code: ____________

Share: ___________________________________

Company or organization name: ________________

Business license number: __________ share: ____________

Mailing address: ______________ Postal code: ____________

Legal representative: ____________ Contact number: ____________

ID/passport number: ___________

buyer:

Name: _________________ Nationality/Region: ____

ID/passport number: ______ postal code: ________

Mailing address: ____________ Contact number: _________

Share: ________________________________

Company or organization name: _____________

Business license number: _______ share: _____ _

Mailing address: ___________ Postal code: ________

Legal representative: _________ Contact number: ________

ID/passport number: ____________________

Agent: _____________ Contact number: ________

ID/passport number: _______________________

Mailing address: ___________ Postal code: ________

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", "Shenzhen Special Economic Zone Real Estate Transfer Regulations" and relevant laws and regulations, buyers and sellers are based on equality, voluntariness, fairness and consensus. For the transfer of real estate involved in this contract, the following agreement is reached:

The first transfer target

The real estate transferred by the seller is located at: __________.

The real estate license number is: ___. The real estate use is: ____. The registered building area is: __ square meters. The building area within the set is: ___ square meters.

The real estate land use rights are from ___year___month__day to ___year__month___day. The property was completed in ___year__month.

At present, the real estate property management company is _____, and the property management service fee is RMB per square meter of construction area per month: __佰__拾__元__角__ points.

Article 2 Status of Real Estate Property Rights

The real estate has not been mortgaged or sealed, and the seller has full disciplinary power over the real estate.

Article 3 Status of Real Estate Leases

The current status of the lease attached to the real estate is _____:

1. There is no lease in the real estate;

2. There is a lease on the real estate. The lease contract can be found in the attached file [lease number: _____, monthly rent ** yuan, rent period from ___ year __ month __ day to ___ year ___ month __ day. The seller must obtain a written certificate from the lessee to waive the pre-emptive right or waive the right to purchase before signing the "Shenzhen second-hand house sale and purchase contract", otherwise it will be deemed as the seller default. The buyer and the seller shall, by consensus, dispose of the lease contract in the following ___ manner:

1 After the transfer of the real estate property rights, the original lease contract is still valid for the buyer within the validity period. The seller shall assist the buyer to enter into a new lease contract with the lessee before _____, and the seller shall transfer the lease deposit/margin and the prepaid rent paid by the lessee to the seller to the buyer. The buyer shall have the seller in the original ___ The rights and obligations under the lease contract.

2 The seller shall terminate the original lease contract before the real estate is delivered to the buyer, and the buyer shall not be liable for any dispute arising from the original lease contract. ”

Article 4 Accounts attached to the real estate

The account attached to the real estate, the seller guarantees to move out within ___ days from the date of receiving the total price of the real estate transfer, and overdue the payment of liquidated damages to the buyer on the basis of the total price of the real estate transfer. .

Article 5 Transfer price

The total price of the real estate transfer is RMB: __ 亿__仟__佰__拾__万__仟__佰__拾__元__角__分. The transfer price does not include taxes.

Article 6 transaction deposit

The real estate transaction deposit is RMB: __ 亿__仟__佰__拾__万__仟__佰__拾__元__角__分. The buyer agrees to pay as follows:

At the time of signing this contract, the seller shall pay a deposit of RMB: __ 亿__仟__佰__拾__万__仟__佰__拾__元__角__分.

Within ________ days after the signing of this contract, the seller shall pay the deposit balance RMB: __ billion__仟__佰__拾__万__仟__佰__拾__元__角__ points.

The above deposit proposal is subject to the supervision of the third party account of the bank as agreed by the buyer and the seller. The buyer will deposit the deposit into the supervisory account during the contractual term, which is deemed to be the seller's receipt. The deposit is automatically converted into a building payment when the buyer and the seller go through the transfer procedures, unless otherwise agreed.

Article 7 Handing over the room deposit

In order to prevent the risk of trading, the seller is urged to deliver the real estate as scheduled and deliver all the expenses as scheduled. The buyer and the seller agree to reserve RMB from the total transaction price when the contract is signed: __佰__拾__万__ 仟__佰__拾__元__角__分分 as a deposit for the house. This payment is settled when the seller actually delivers the real estate and completes the registration of the transfer of property rights. The handling method of this deposit is the following _____:

1. Submitted to the intermediary by the intermediary;

2. Other: __________.

Article 8 Payment method

Unless otherwise agreed by the buyer, it is recommended to conduct fund supervision in the form of bank third party custody.

The buyer pays the deposit in addition to the deposit and the deposit of the house in the following _____ way: __ 亿__仟__佰__拾__万__仟__佰__拾__元_ _ corner __ points:

1, one-time payment

The buyer must pay the above payment to the third party supervision account agreed by the buyer and the seller before ___ ___ ___ day.

2. Buying bank mortgage payment

The buyer must pay the remaining down payment in addition to the deposit and the deposit of the house before _____ _____ _____ date: __ 亿__仟__佰__拾__万__仟_ _佰__拾__元__角__ is divided into the third party supervision account of the bank agreed by the buyer and the seller;

The buyer shall submit the relevant information of the mortgage application to the bank before _____ _____ _____ day, and cooperate with the bank to handle the loan approval procedures. The amount of the mortgage loan shall be subject to the amount of the loan promised by the bank;

If the bank promises that the loan is insufficient to pay the balance of the house, the parties agree to deal with it in the following ____ way:

1. The buyer shall make up the dues within three days from the date of the bank's loan commitment letter.

2. If the contract is terminated, the seller shall refund the buyer _______ and other payments in full within three days from the date of termination of the contract.

3. Other payment methods agreed by the buyer and the seller: __________.

The above payment is recommended to the buyer to pay the third party regulatory account of the bank as agreed between the buyer and the seller.

Article 9: Liability for breach of contract by the buyer overdue payment

If the buyer fails to pay the payment, the seller has the right to request the buyer to bear the liability for breach of contract in the following _____ manner:

1. The buyer is required to pay the liquidated damages on the basis of the unpaid amount, and the contract continues to be executed.

2. The right to terminate the contract and require the buyer to pay a penalty of ____% of the total price of the real estate.

Article 10 Tax Fees

According to the relevant regulations, the seller is required to pay taxes and fees: business tax; urban construction and maintenance tax; education surcharge; stamp tax; personal income tax; land value-added tax; real estate transaction service fee; land use fee. Early repayment of short-term loan interest; early repayment of penalty interest.

The buyer is required to pay taxes and fees: stamp duty; deed tax; property registration fee; real estate transaction service fee; real estate certificate decal; mortgage registration fee; loan contract notary fee;

Other expenses: rights investigation fee; notary fee for real estate sales contract; evaluation fee; attorney fee; insurance fee; other ______. After consultation between the two parties, among them:

The above _________ items are paid by the seller.

The above ___________ item is paid by the buyer.

The taxes and fees newly added for the purposes of laws, regulations and policies during the performance of this contract shall be handled in the following ___ manner:

1. Payment by the payer as stipulated by laws, regulations and policies.

2. The buyer and the seller agree to be paid by the _____ party.

3. Other: The buyer pays: _____%; the seller pays: _________%.

The above-mentioned taxes and fees payable by the seller and the buyer shall be changed due to changes in the taxpayer as the buyer and the seller negotiate to change the actual taxpayer.

If either party fails to pay the relevant taxes and fees in accordance with the agreement or the laws and policies, and the transaction cannot continue, the party shall pay the other party a penalty of _____ percent of the total price of the real estate.

Article 11 Real Estate Delivery

The seller shall deliver the real estate to the buyer at ______ and perform the following procedures:

1. The buyer and the seller jointly check and accept the real estate and ancillary facilities and equipment, decoration and related items list, record the readings of water, electricity and gas meters, and handle the handover procedures;

2. Deliver the real estate key;

3. _________________.

Article 12: Liability for breach of contract in late delivery

Except as otherwise provided in this contract, the seller fails to deliver the real estate to the buyer within the time limit stipulated in the contract. From the day after the expiration of the agreed delivery period to the actual delivery date, the seller shall use the total price of the real estate transfer as the basis. The fourth payment of liquidated damages to the buyer, the contract continues to perform.

Article 13 Treatment of accompanying debts

When delivering the real estate, the seller shall settle the accompanying water, electricity, gas, telephone, cable TV, property management service fee, garbage clearance, ________, etc., and the receipt shall be confirmed by the buyer, otherwise the buyer The right to deduct the arrears from the deposit of the house.

Article 14: Registration of Property Rights Transfer

Both the buyer and the seller must apply to the real estate registration authority for transfer registration formalities within ___ days of signing this contract.

Within _____ days from the expiration of the reply date specified in the receipt of the receipt, both the buyer and the seller are required to pay the tax payment fee. The real estate certificate is collected by the buyer.

If the buyer has a mortgage obligation, he/she must go through the mortgage registration formalities within ____ working days after the buyer receives the new property certificate.

Article 15 Other liability for breach of contract

If either party fails to perform the obligations stipulated in this contract, the purpose of the contract cannot be fulfilled, and the observant party has the right to choose the penalty penalty or require the other party to pay the penalty of _____ percent of the total price of the real estate.

Article 16 Force Majeure

If the contract cannot be performed due to force majeure, part or all of the liability shall be exempted according to the influence of force majeure, except as otherwise provided by law. A party who fails to perform the contract in accordance with the contract due to force majeure shall promptly inform the other party and provide proof to the other party within _____ days from the date of termination of force majeure.

Article 17 Conflicts between this contract and other files

If the parties and the parties agree to the commitments and agreements prior to the signing of this contract, if there is any inconsistency with this contract, this contract shall prevail.

Article 18 Contract Attachment File

This contract has a total of _____ copies of the attached files. The subordinated file of the contract is an integral part of the contract and has the same legal effect.

Article 19: Law Application and Dispute Resolution

Disputes arising from this contract shall be settled through negotiation between the buyer and the seller. When the negotiation fails, according to the laws of the People's Republic of China, the following _____ methods are adopted:

1. Apply to the Shenzhen Arbitration Commission for arbitration;

2. Apply to the South China Branch of the China International Economic and Trade Arbitration Commission for arbitration;

3. Prosecute to the people's court.

Article 20 Number and holding of contracts

This contract is _____ copies, the seller _____ copies, the buyer _____ copies, and the other relevant departments have the same legal effect.

Article 21 Service

The mailing address confirmed by the party is the delivery address.

Article 22: The contract takes effect

This contract shall become effective on the date of signing by both parties.

Seller: Buyer:

Seller Agent: Buyer Agent:

Year, month, day, month, day