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担保行业深圳市二手房买卖合同翻译

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2021-01-07 22:49
tags:深圳二手房信息

素菜大全-百夫长贾克斯

2021年1月7日发(作者:池诚)
.
This contract is applicable to the transaction of real properties that have been issued with a title
deed.





Shenzhen Contract for the Sale of Second- Hand House
Property





Urban Planning, Land and Resources Commission of Shenzhen
Municipality
Market Supervision Administration of Shenzhen Municipality
Edition 2008




S(F)FXM Zi (2010) No. XXXX




Special Notes

To better safeguard the Buyer’s and the Seller’s legitimate rights and
interests, the Buyer and the Seller are expected to read through the following
contents carefully before concluding this contract. .

1. The text of this contract is automatically generated through the “Online
Transaction System for Second-hand Real Estate in Shenzhen”. The
contracting parties can, after mutual agreement, make modification or
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2.
3.
4.
5.
6.
7.
supplementation to items specified in the Contract, but such modification and
supplementation must be in conformity with the relevant provisions stipulated
in laws and rules.
Prior to entering this contract, the Buyer and the Seller may request the other
party to show his or her relevant certificates, such as ID card, Business
License of Enterprise Legal Person, House Ownership Certificate, etc. They
shall carefully read through the contents of this contract and then make
confirmations about the items selected, supplemented, or modified. If you
have any questions, please ask for professional advice from people familiar
with laws and legislations.
The Buyer shall, prior to entering into this contract, make a complete and full
site survey over the house property in respect of the environment,
transportation, adjacent schools, opportunity to attend schools, and
household conditions. The Seller is obligated to provide true information about
the house property’s ownership, lease condition, household, etc.
For the purpose of assuring the safety of the capital, it is recommended that
the Buyer and the Seller shall have a third party supervise the funds by
concluding a special agreement to clearly specify the capital supervision
account and the other matters about payment of funds.
After this contract comes into effect, the unmodified and printed words as well
as the valid writings and marks filled out in the blanks shall be deemed as
contents agreed by both parties. In addition, the attachments and the
supplementary agreements of this contract, once signed by both parties, shall
have the same legal force as the text of this contract.
Where the Buyer needs to borrow a mortgage loan to pay the price of the house
property, he or she shall first of all get to know exactly about the requirements
for mortgage loan as well as the documents to be provided.
The transfer of ownership is not marked by the conclusion of this contract, but
by the registration of ownership transfer by house property right registration
organ. As it takes time to transfer the ownership after concluding this contract,
there may be special conditions like sealing up of house property, please pay
attention to the possible risks in the transaction.



Basic Information of Parties Hereto

Seller:
Name: XXX Nationality: Chinese
ID Card No.: XXX
Share of Ownership: 12 Transferred Share of Ownership: 12

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Seller:
Name: XXX Nationality: Chinese
ID Card No.: XXX
Share of Ownership: 12 Transferred Share of Ownership: 12

Buyer:
Name: XXX Nationality: Chinese
ID Card No.: XXX
Share of Ownership Accepted: 100%

According to the
Contract Law of the People’s Republic of China
, the
Law of the
People's Republic of China on Administration of the Urban Real Estate
, the
Regulations of Shenzhen Special Economic Zone on Transaction of Real Property
,
and relevant laws and regulations, the Seller and the Buyer hereby enter into this
contract on the transfer of a house property after amicable negotiation on the
principles of equality, fairness and voluntary participation.

Article 1 [Subject of Transaction]
The house property sold by the Seller (hereinafter referred to the house property)
is located at XXX Hongli Road, Futian District, Shenzhen City.
The house ownership certificate No. is XXX; the house property is used for the
purpose of Residence.
The registered construction area is: 84.12 square meters; the room building area
is --- square meters.
The land use right relating to the house property features a term from October 17,
1984 to October 16, 2054. The house property is completed in July 1984.
Currently the house property management company is ------------------; the
property management fee is RMB----square meter.

Article 2 [Current Status of House Property]
The house property is neither mortgaged nor sealed up; the Seller enjoys full right
to dispose the house property.

Article 3 [Lease Condition of House Property]
The lease condition of the house property is as the following 1 condition:
1. The house property is not leased to anybody.
2. The house property is leased to some one; please refer to the attachments for
the lease contract (No. ------). The monthly rental is RMB---month; the lease
term is --- years from ---- to ---. The Seller shall, before signing on this contract,
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obtain the lessee’s written acknowledgement of giving up the priority to buy
the house property; otherwise it shall be deemed as violation of the contract.
After consultation, the Seller and the Buyer decide to deal with the lease
contract in the following ---- ways:
a) After the house property is transferred, the original lease contract is still
valid for the Buyer before the expiry date. The Seller shall help the buyer
to conclude a new lease contract with the lessee before ----- and in the
meantime give the lease deposit and advance rental paid by the lessee to
the Buyer for keeping. The Buyer shall enjoy the original rights of Seller
under the lease contract after ------.
b) The Seller shall rescind the original lease contract before delivering the
house property to the Buyer; Buyer is not liable for any disputes arising
from the original lease contract.

Article 4 [Household Affiliated to House Property]
The Seller has promised to transfer out the household affiliated to the house
property within 30 days after receiving the total payment for the house property. If
they fail to do so within the time limit, they shall pay the Buyer liquidated
damages at 0.03% of the total house transfer price on a daily basis.

Article 5 [Transfer Price of House Property]
The transfer price of the house property is RMB Thirty-six Thousand, Five
Hundred and Forty- five Yuan only (in number: 36545); it does not include the
taxes.

Article 6 [Earnest Money]
The earnest money for the transaction of the property is RMB Five Thousand Yuan
only (in number: RMB 5000). The Seller agrees that it shall be paid in the following
ways:
Upon conclusion of this contract, the Buyer shall pay the Seller the earnest money
of RMB Five Thousand Yuan only (RMB5,000).
It is recommended that the Buyer shall first give the earnest money to a mutually
specified third party for supervision. The Buyer’s paying the earnest money to
the third party for supervision shall be deemed as the Seller’s receiving of the
deposit. The earnest money will be latterly paid to Seller as part of the transfer
price of the house property when the formalities for transfer of ownership are
completed.

Article 7 [Deposit for Delivery of House Property]
In order to prevent risks in the transaction and meanwhile urge the Seller to
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deliver the house and settle relevant expenses as scheduled, the Buyer and the
Seller both agree that RMB----- of the transfer price shall be firstly retained as a
deposit for delivery of the house (not exceeding 2% of the total price. The deposit
shall be paid to the Seller after the real estate is actually delivered and the
ownership is transferred. The deposit shall be kept as following first item:
1. kept by the intermediary party
2. others: -----------------------------

Article 8 [Payment Method]
Unless otherwise specifically agreed, all the Buyer’s payments (including deposit
and payment for price of house) are recommended to be kept by the bank as a
third party for supervision of capital.
The Buyer shall pay the house price other than the earnest money and the deposit
for the delivery of house in the following first ways, that is: RMB Thirty one
Thousand, Five Hundred and Forty Five Yuan Only (RMB31545) to the Seller.
1. One-off payment
The Buyer shall pay the above house price to the bank account mutually specified
by both parties for supervision before XXX.
2. Payment with mortgage loan from bank
(1) The Buyer shall, before ------, pay the first installment of payment, RMB----
other than the earnest money and the deposit for delivery of house to the bank
account mutually specified by both parties hereto for supervision by the bank
as a third party.
(2) The Buyer shall submit the documents relating to the application for mortgage
loan to the Bank and then cooperate with the bank to handle the loan
examination and approval formalities. The amount of the mortgage loan is
subject to the bank’s letter of commitment.
(3) Where the loan issued by the bank is insufficient to pay the rest price of the
house property, parties hereto agree to handle the case in the following ---
ways.
a. The Buyer shall supplement the insufficient amount within 3 days after
the bank issues the letter of commitment.
b. The contract shall be rescinded and the Seller shall refund the capital paid
by the Buyer within 3 days.
3. Other payment method -----------------

Article 9 [Buyer’s Liability for Breach of Contract due to Late Payment]
Where the Buyer fails to make the payment in time, the Seller shall have the right
to ask the Buyer to undertake the liability for breach of contract in the following 1
way.
(1) Asking the Buyer to pay a liquidated damage at 0.04% of the unpaid amount
on a daily basis and the contract shall remain valid.
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(2) Requiring the termination of this contract and asking the Buyer to pay a
liquidated damage at ---% of the total price.

Article 10 [Undertaking of Taxes and fees]
According to the relevant regulations, the Seller shall undertake the following
taxes and fees: a. business tax; b. urban construction and maintenance tax; c.
education surcharge; d. stamp tax; e. individual income tax; e; land VAT; f. real
property transaction service charge; g; land use right fee; h. deed tax; i. interest
for advance repayment of short-term loan; j. penalty for advance repayment.
The Buyer shall undertake the following taxes and fees: k. stamp tax; l. deed tax;
m. house property right registration fee; n. house property transaction charge; o.
stamp on house ownership certificate; p. mortgage registration fee; q. borrowing
contract notarization fee; r. entrustment notarization fee.
Other expenses: s. ownership investigation fee; t. real property transaction
contract fee; u. appraisal fee; v. lawyer’s fee; w. insurance fee; x. others ---------
(subject to the actual occurrence)
After amicable negotiation, the parties hereto agree that all above item a – item x
shall be undertaken by the Buyer.
New taxes and fees occurring due to the laws, regulations and policies shall be
disposed with the following 1
st
method:
1. payable by parties as required by the laws, regulations and policies
2. payable by party ------.
3. Others: ---% payable by Buyer; ---% payable by Seller.
With regard to aforementioned taxes and fees payable by the Buyer and (or) the
Seller, if the parties hereto change the actual payment method, the legal
responsibilities will not be transferred with the alteration of tax payment.
Where the transaction cannot be continued due to a party’s failure in paying the
taxes and fees, the contract-breaching party shall pay the other party a liquidated
damage at 1% of the total transfer price of the property.

Article 11 [Delivery of Real Property]
The Seller shall deliver the house property to the Buyer within 7 days after
receiving the entire transfer price of the house property (except for the deposit for
the delivery), and meanwhile perform the following duties:
1. The Buyer and the Seller shall check the house property and its affiliated
equipment, decoration, furniture and etc. together and record the readings of
the water, electricity and gas meters;
2. To hand over the key to the house property.
3. ---------

Article 12 [Liability for Breach of Contract Due to Late Delivery]
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Unless otherwise agreed by this contract, if the Seller fails to deliver the house
property to the Buyer, he or she shall pay the Buyer a liquidated damage at 0.04%
of the total transfer price of the house property on a daily basis for the period from
the due date of delivery to the date of actual delivery, and then the contract shall
remain valid.

Article 13 [Disposal of Accompanying Debts]
Upon delivery of the house property, the Seller shall also settle all the expenses
relating to the house property, such as water fee, electricity fee, gas fee, telephone
fee, cable TV fee, property management fee, garbage disposal fee, etc. and then
give the relevant slips to the Buyer for confirmation. Otherwise, the Buyer shall
have the right to deduct such amounts from the deposit for delivery of house
property.

Article 14 [House Property Right Transfer Registration]
The Buyer and the Seller shall, within 30 days after concluding this contract,
apply for the transfer of the house property’s ownership with the property right
registration authority.
Then within 3 days after the reply date indicated by the document receipt expires,
the Seller and the Buyer shall pay the relevant taxes and fees accordingly.
The Buyer shall obtain the house ownership certificate.
Where the Buyer is obligated with mortgage, he or she shall deregister the
mortgage within 0 work days after obtaining the new house ownership certificate.

Article 15 [Other Liabilities for Breach of Contract]
Where the purpose of this contract cannot be realized due to a party’s failure in
performing the obligations, the contract observing party may either dispose the
case following the regulations about the earnest money or ask the other party to
pay a liquidated damage at 3% of the total house price.

Article 16 [Force Majeure]
Where this contract cannot be performed due to force majeure, the parties may be
fully or partially exempt from the liabilities according to the effect of the force
majeure unless otherwise specified by the laws. The party that cannot perform
this contract due to the force majeure shall notify the other party in time and in
the meantime provide relevant evidences to the other party within 15 days after
the force majeure ends.

Article 17 [Settlement of Conflicts between This Contract and Other
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Documents]
Where there are conflicts between this contract and the commitments and
agreements made or concluded by parties hereto before this contract is concluded,
this contract shall prevail.

Article 18 [Attachments]
This contract has 0 attachments. They are part of this contract and shall have the
same legal force.

Article 19 [Governing Laws and Settlement of Disputes]
The Seller and the Buyer shall negotiate with each other to settle disputes arising
from the performance of this contract. Where no agreement is made, the following
third method shall be adopted according to the laws of the People’s Republic of
China.
1. To bring the case to Shenzhen Arbitration Committee for arbitration;
2. To bring the case to
China International Economic and Trade Arbitration
Commission for arbitration.

3. To bring the case to the people’s court.

Article 20 [Quantity of Contract Copies and their Holding]
This contract is prepared in three original copies, of which the Buyer, the Seller
and the other government authority shall hold one respectively. They shall have
the same legal force.

Article 21 [Receipt of Contract]
The contract is deemed as receipt once it arrives at the address specified herein.

Article 22 [Effectiveness of Contract]
This contract shall come into effect as from the date the Buyer and the Seller affix
signatures and stamps on it.

Seller:
Buyer:




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August 23, 2010























Attachment 1:
















(Seal) Special Stamp for Covers of Contract
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Jan.1, 2008 Handled by:

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