房屋买卖居间合同(纯英文版).docx

Brokerage contract of property transaction
Party A (Seller): ID:

Party B (Buyer): ID:

Party C (Agent):          

Pursuant to , < Urban Real Estate Management Laws of the People's Republic of China > and other relevant laws, and regulations of the People’s Republic of China relevant rules, Party A and Party B entrust Party C to act as their agent for the sales between Party A and Party B and bear testimony to the afore-said transaction in principle of voluntary, fairness and honesty. Through friendly negotiation, Party A, Party B and Party C hereby agree to enter into this Agreement and abide by it jointly.

1. Property information

Party A agrees to sell the property to Party B. The property is qualified for sale in the market in accordance with the regulation of Qingdao Municipal Construction Committee. Together with the sales of the property, the allocated land area for the property and the usable term of the land is transferred to Party B jointly. The property is described as:

1.1 The property located on ________________________________________________________________;
_______________________

1.2 Construction area: ______________m2; Usable floor space: __________________ m2 (optional);
Architecture: ________________________, purpose: __________________________________________;

1.3 Serial no. of the title certificate of the property is: ________________________________________;

1.4 Together with the title of the property, facilities and interior decorations to be transferred are as described in Appendix;

1.5 Party A shall guarantee that it has completely disclosed the facts about the property, including but not limited to the title, decoration and relevant information; Party B has fully understood the facts and agrees to buy the property voluntarily.

1.6 Co-owners (refer to more than one person, legal person or organization, who own the title of the property together) of the property and intention for the sale

2. Sales price and terms of payment

2.1 Party A and Party B agree that the sales price of the property be RMB______;
The price includes: [price of the property], [public maintenance fund], [permanent interior decoration], [air-conditioners] and others.

2.2 Terms of Payment
Party B shall make the payment in accordance with ________ as follow:

2.2.1 Cash
Upon signing of this Agreement, Party B shall pay 10% of the price (say RMB________) as the deposit. This payment shall be made in accordance with ______as follow:
a).Paid to Party A in full and Party A shall issue an invoice;
  b).Deposited temporarily to the escrow account of Part C, this deposit will be released only when the title transfer from Party A to Party B is completed and the property handover has been concluded, and the deposit will be released together with the remaining payment to Party A. To do this, Party A and Party B need to sign a separate Escrow Agreement with Part C.
  Payment method of the remaining amount
  Party A and Party B hereby agree that, for the afore-said method (b), once the escrow fund is deposited in the escrow account of Part C, it is deemed that Party B has performed its payment obligation of deposit and the sales price.

2.2.1 Mortgage
Upon signing of this Agreement, Party B shall pay ______% of the price (say RMB________) as the deposit, which will be part of the down payment.
  Within ____ days after signing of this Agreement, Party B shall make up the rest part of the down payment (the down payment shall be no less than   % of the price in accordance with mortgage bank’s requirement).
  Through the negotiation, Party B agrees to make the afore-said payment in ______way as follow:
  a).Paid in full amount to Party A and Party A shall issue an invoice;
  b).Deposited temporarily into the escrow account of Part C.  This deposit will be released only when the title transfer from Party A to Party B is completed and the property handover has been concluded, and the deposit will be released together with the remaining payment to Party A. To do this, Party A and Party B need to sign a separate Escrow Agreement with Part C.

Party A and Party B hereby agree that, for the afore-said method (b), once the escrow fund is deposited in the escrow account of Part C, it is deemed that Party B has performed its payment obligation of deposit and the down payment.

If Party B makes the remaining payment with bank mortgage, Party B shall sign a separate Entrusted Payment Authorization with Part C for its mortgage services.

1） If Party B satisfies the criteria of getting the mortgage loan through the examination of the lending bank, the lending bank shall remit the loan in lump sum to the special settlement account opened by Party A at the bank in accordance with the Entrusted Payment Authorization.

2) In case Party B does not satisfy the criteria of getting the loan through the examination of the lending bank, Party B will choose _______of the following methods as the solution:

A. Within ______ days after the bank decides not to provide the loan, Party B shall raise the remaining payment by himself and pay in cash to Party A. Party B shall bear all the expenses occurred during this period;

B. Terminate this Agreement, and Party A and Party B shall refund the money which have been paid to each other. Party B shall bear all the expenses occurred during this period.

3. Taxes and fees

3.1   Party A and Party B shall pay all the taxes and fees respectively in accordance with relevant regulations of the state and local governments. Party C shall assist Party A and Party B to calculate relevant taxes and fees. Through negotiation, Party A and Party B agree to bear the taxes and fees as follows:

For any taxes or fees unspecified, unclear, or changed with the policy, Party A and Party B shall reach a consensus day before the title transfer, or Party A and Party B shall make the payment in accordance with the government regulation.

Fees including but not limited to property management fee, utility fees for water, electricity, gas, telephone and others before the handover of the property is concluded shall be born by Party A. And the fees after shall be born by Party B.

3.2 Party A and Party B may entrust Party C to pay the aforesaid taxes and fees and Party C shall transfer the payment proof, receipts and invoices issued by relevant government to the parties that make the payment.

3.3 Commission and terms of payment
  Party A and Party B agree to pay Party C the commission for providing the agency services in accordance with   of the following payment methods:

3.3.1 Born by one party. Party    shall pay __________ % of the property price (say RMB_) to Party C upon signing of this Agreement;

3.3.1 Shared by two parties. Party A shall pay ___________ % of the property price (say RMB___________), and Party B shall pay __________ % of the property price (say RMB__________) to Party C upon signing of the agreement.
The afore-said commission shall not be refunded by Party C to any party if this agreement failed to be performed due to default of either Party A or Party B once this Agreement is entered by the three parties.

4. Title transfer agency services 

Party A and Party B shall prepare the certificates and materials for title transfer and Party C shall provide chargeable title transfer services for Party A and Party B with fees.
The service fee for title transfer agency services is RMB_____________. The fee shall be paid by Party __________ to Party C upon signing of this Agreement (or, Party A pay RMB     and Party B pay RMB    to Party C).

5. Handover of the property

5.1. Party A and Party B agree that Party A shall vacate the property    days before the title transfer. Party C shall assist Party A and Party B with the handover of the property. In case Party A and Party B agree to conduct handover of the property after the title transfer, Party A shall pay Party C a deposit in the amount of RMB ____________________ and this amount will be refunded to Party B after the handover of the property is completed.

5.2 Party A shall promise to compensate Party B for the damage to or the dismantling of the decorations and accessories covered by Appendix I of the agreement from the signing of the agreement to the handover of the property in accordance with the evaluation of the damaged or dismantled decorations and accessories.

5.3 Party A shall bear the property management fee and other relevant fees before the handover of the property and the aforesaid fees shall be paid by Party B after the handover of the property.

5.4 Party A and Party B agree to conduct the title transfer  ________  days after signing of this Agreement taking title certificate and relevant material. Party C will inform the specific date. Party ____ shall pay the taxes and fees for title transfer in accordance with the government regulations.

6. Rights and obligations of Party A

6.1 Rights of Party A

6.1.1 Party A shall have the right to check Party B’s identification.

6.1.2 Party A shall have the right to get deposit and property sales price as stipulated in the Agreement.

6.1.3 Party A shall have the right of lawsuit upon Party B’s breach to this Agreement.

 6.2 Duties of Party A

6.2.1 Party A shall provide Party B with true, completed and valid information about the property;

6.2.2 Party A shall disclose to Party B the real facts about the property, including but not limited to the rental, collateral, leakage and other defect of the property;

6.2.3 Party A shall change its residence address at the property ______ days after title transfer;

6.2.4 Party A shall cooperate with Party B for title transfer in a timely manner;

6.2.5 Party A shall guarantee all the facilities and accessories of the property described in Appendix I are in good condition upon the handover of the property;

6.2.6 Party A shall pay off all the fees related with the property before the handover of the property.

7. Rights and obligations of Party B

7.1 Rights of Party B

7.1.1 Party B shall have the right to check all the material, contracts and certificate about the property;

7.1.2 Party B shall have the right to inspect the property;

7.1.3 Party B shall have the right to be informed of the facts about the property;

7.1.4 Party B shall have the right of lawsuit upon Party A’s breach to this Agreement.

7.2 Obligations of Party B

7.2.1 Party B shall pay the deposit and sales price in accordance with the stipulation of this Agreement;

7.2.2 Party B shall cooperate with Party A for title transfer in a timely manner;

7.2.3 Party B shall provide true, completed and valid identification material.

8. Rights and obligations of Party C
8.1 Party C shall provide agency services for Party A and Party B for signing this Agreement, providing the signing place, and bearing testimony of signing this Agreement;

8.2 Party C shall provide Party A and Party B related material, update them the transaction process and assist them with   property handover.

9. Breach of the Agreement by Party A

9.1 Party A shall refund doubled deposit to Party B in case the title of the property fails to be transferred or the property fails to be handed over due to the false, uncompleted or invalid certificates, contracts or material in relation with the property provided by Party A;

9.2 In case Party A fails to hand over the aforesaid property to Party B within the period stipulated in the agreement, Party A and Party B agree to adopt    of the following solutions:

9.2.1 Party A shall pay Party B ______% of the collected payment par day as the default fine and the agreement shall continue to be effective.

92.2 In case the length of overdue period exceeds   days and Party A has not handed over the property or transfer the property title to Party B, Party B shall send a written notice to Party A, and Party B shall have the right to terminate the agreement when Party A still fails to handover the property or transfer the title    days after Party B sends out the written notice to Party A. In this case, Party A shall return double the deposit to Party B and compensate Party B economic damage due to the default.

9.3 In case there occurs any damage on Party B as the result that Party A fails to disclose to Party B the real facts about the property, including but not limited to the rental, collateral, leakage and other defect of the property, Party A and Party B agree to adopt      of the following solutions:

9.3.1 Party A shall pay Party B ______% of the property sales price par day as the default fine and the agreement shall continue to be effective.

9.3.2 Party A promises to recover the property to the condition satisfied by Party B within    days, and the agreement shall continue to be effective. Otherwise, Party B reserves the right to terminate this Agreement and in this case, Party A shall return double the deposit to Party B and compensate Party B economic damage due to the default.

9.3.3       Party B reserves the right to terminate this Agreement and in this case, Party A shall return double the deposit to Party B and compensate Party B economic damage due to the default.

9.4 Party A shall change the residence address within    days and shall pay RMB    to Party B as the default fine.

9.5 In case Party A damages the facilities or accessories in the property intentionally or negligently, Party A shall compensate Party B the actual price for the damage and pay RMB _______________ as defaulting fine to Party B.

10. Breach of the Agreement by Party B

10.1 In case the title fails to be transferred due to the false, uncompleted or invalid certificates or material provided by Party B, Party A reserves the right not to refund the deposit to Party B.

10.2 In case Party B fails to make the payment or conduct title transfer process following the timing as stipulated in this Agreement, Party A and Party B agree to adopt  as the solution:

10.2.1 Party B shall pay Party A ______% of the default payment par day as the default fine and the agreement shall continue to be effective.

10.2.2 In case the overdue, Party A shall send a written notice to Party B, and Party A shall have the right to terminate the agreement when Party B still fails to make the payment or conduct title transfer process    days after Party B receives the written notice from Party A. In this case, Party A shall reserve the right not to refund the deposit to Party B, and Party B shall compensate the economic damage to Party A due to the default.

11. Breach of the Agreement by Party C

11.1 Party C shall compensate the damage on Party A and