商品房买卖合同(英文).doc

Contract No.:

___________ Real Estate Purchase and Sale Contract
(Presale)

Seller: ______________________________
Registered Address: _________________
Post Code: _______ Tel: ______________________________
Legal Representative: Country or Region: _____________

Purchaser: __________________________
Address: ____________________________ Post Code: ________________________
Name of Company or Institution: _____________________________________________
Registered Address: _ Post Code: ________________________

Article 1 [Bases for Concluding This Contract]
This Contract has been concluded by Purchaser(s) and Seller(s) on the basis of the principles of equality, voluntariness and reaching unanimity through consultation, in accordance with the provisions of P. R. C General Principles of the Civil Law, P. R. C Contract Law, P. R. C Real Right Law and other related laws and regulations.

Article 2 [Reference for Project Construction]
Seller has obtained the land use rights to the plot of land that is located in , plot No.: , of an area of ㎡. This plot shall be used for the purpose of , including a building with____ stories; the construction land use life is from (dd/mm/yy) to ________________________ (dd/mm/yy).
This plot’s Real Estate License number is ; seller will construct real estates (□housing/□business office/□retail store/□others) on this plot after approval from __________________, with the project identified as
; Seller has obtained a Construction Land Planning Permit, a Construction Engineering Planning Permit, a Construction Permit and a Real Estate Presale Permit for this project.
1. Construction Land Planning Permit
Issue Authority: Permit No.: ______________________
2. Construction Engineering Planning Permit
Issue Authority: Permit No.: ______________________
3. Construction Permit
Issue Authority: Permit No.: ______________________
4. Real Estate Presale Permit
Issue Authority: Permit No.: ______________________

Article 3 [Profile of Purchased Real Estate]
The real estate purchased by Purchaser(s) (“the Real Estate") for the project mentioned in Article 2 of this Contract is [**building] [**unit/tower] [**floor] [**room No.] (Please see the attached floor plan for room number and see attached elevation drawing for floor number). This Real Estate is to be used for □apartment/□residence/□villa/□office/□business/□factory/□ , of a building area (refer to the attached Survey Report) ㎡, in which the usable area is ㎡.
Please refer to Annex I for details, including rules for calculating usable area, shared or unshared common usable area, building area, and shared or unshared common building area.
Please refer to the attached general plan, elevation drawing, floor plan, section drawing and condo plan for explicit information regarding the floor and location.
Please refer to Annex II for public utilities and ancillary facilities of this project.

Article 4 [Right to the Jointly Owned Part of the Building Area]
“Jointly owned part within the building area” means the jointly owned part of the property, except the proprietary part of the property and all of the other places and facilities that do not belong to the proprietary part of the building, the municipal public parts, or any other rightful owners, especially the following:
1. Basic construction, including building foundation, load bearing construction, outer walls, roofs, etc.
2. Public access structures, including passageways, elevators, stairs, halls, etc.;
3. Ancillary facilities and equipment, including fire control fixtures and equipment, public lighting fixtures, etc.;
4. Structural parts, including refuge floors, equipment floors or equipment rooms, etc.;
5. Streets within the building area (excluding urban public streets);
6. Green areas within the building area (excluding urban public green areas and green areas clearly stated to be personal);
7. Other public places, public facilities and space used for real estate services, which are within the building area;
8. Parking lots located in the streets and/or other places jointly owned by proprietors;
9. All the other places and facilities neither belonging to the proprietary parts of the building, nor the municipal public parts, nor any other rightful owners:
.

If ownership of this Real Estate is transferred to a third party, then Seller shall at the same time transfer its joint ownership right and joint management right to the jointly owned part of the Real Estate within the building area, except as otherwise clearly stipulated by laws and regulations.

Article 5 [Pricing Mode and Purchase Price]
Purchaser and Seller agree to calculate the total purchase price of this real estate according to one of the following methods (the two parties may select one method by making a tick (√) in the □):
I. □Calculated according to building area: Unit price shall be _________Yuan per m2, total amount: million(s) _________thousand(s) hundred(s) Yuan (amount in figures: Yuan).

II. □Calculated according to per set (unit), total amount shall be ___________________million(s) thousand(s) ______________hundred(s) Yuan (amount in figures: _____________________Yuan).

Total Purchase Price hereof refers to the total price which the Purchaser shall pay the Seller for the purchased real estate, excluding various taxes and other charges levied on the act of purchase and sale. If Seller charges or collects various taxes and other charges levied on the act of purchase and sale from Purchaser, Seller shall provide Purchaser with regulatory documents in connection with such taxes and charges, and shall ask for Purchaser’s permission, otherwise, Purchaser has the right to refuse it or to directly pay such taxes and charges to related authorities.

Article 6 [Payment Term and Related Matters]
A. Purchaser shall pay the sum pursuing to one of the following methods (the two parties may select one method by making a tick (√) in the □):
I. □ Lump Sum:
Total Purchase Price shall be paid at one time □on/□within days from the signing date of this Contract, total amount: million(s)
thousand(s) hundred(s) and _________________Yuan (amount in figures: Yuan).

II. Payment by Installments
1. □ % of the Total Purchase Price shall be paid within days from the signing date of this Contract, amount: million(s)
thousand(s) hundred(s) and ___________________Yuan (amount in figures: Yuan).
2. □ % of the Total Purchase Price shall be paid within days from the signing date of this Contract, amount: million(s)
thousand(s) hundred(s) and
Yuan (amount in figures: Yuan).
3. □ % of the Total Purchase Price shall be paid within days from the signing date of this Contract, amount: million(s)
thousand(s) hundred(s) and _____________________ Yuan (amount in figures: Yuan).

III. □ Payment by Mortgage
The down payment, % of the Total Purchase Price, shall be paid within ______
days from the signing date of this Contract, amount: million(s)
thousand(s) hundred(s) and Yuan (amount in figures: Yuan).
Purchaser shall, within days from the signing date of this Contract, initiate bank mortgage loan and pay to Seller the rest amount of million(s)
thousand(s) hundred(s) and Yuan (amount in figures: Yuan).
Purchaser and Seller agree to initiate a mortgage loan via one of the following methods (the two parties may select one method by making a tick (√) in the □):
1. □ If Purchaser entrusts Seller to initiate the mortgage loan, then Purchaser shall, within days from the signing date of this Contract, submit to Seller or a third party designated by Seller all materials that need to be provided by Purchaser for the request for the bank mortgage loan.
2. □ If Purchaser initiates the mortgage loan by itself, then Seller shall, within days from the sighing date of this Contract, submit to Purchaser or a third party designated by Purchaser all materials that need to be provided by Seller for the request for the bank mortgage loan.

IV. □ Other Payment Terms
.

B. Measures to be taken by Purchaser and Seller in the event of failure to enter into a real estate mortgage loan contract:
1. If either of the Parties is responsible for a failure to enter into a real estate mortgage loan contract and both the Parties agree to continue to perform the Real estate Purchase and Sale Contract, then the Parties agree to make the payment according to the foregoing method.
2. If either of the parties causes a failure to enter into a real estate mortgage loan contract and result is that the Real Estate Purchase and Sale Contract may not continue to be executed, then the other Party may request rescission of the Real Estate Purchase and Sale Contract. If Purchaser causes the failure to execute the Real Estate Purchase and Sale Contract, then Purchaser shall have no right to request return of the Deposit; if Seller causes the failure to execute the Real Estate Purchase and Sale Contract, then Seller shall pay to Purchaser twice the amount of the Deposit.
3. If a force majeure causes a failure to enter into a real estate mortgage loan contract, which results in a failure to continue to execute the Real Estate Purchase and Sale Contract, then Purchaser and Seller both have a right to ask a court or arbitration agency to change or rescind the Real Estate Purchase and Sale Contract. If the said Contract is rescinded, then Seller shall return to Purchaser either the down payment of the Total Purchase Price plus interest or the Deposit plus interest. Interest shall be calculated at the loan interest rates announced by the People’s Bank of China during the relevant period.

Article 7 [Purchaser’s Liability for Its Overdue Payment]

In this Article, “Overdue Payables” means the balance between the amounts due during a period under this Contract and the payment already paid in such period; “Accumulated Payables” refers to the total amount due under this Contract.

In the event that Purchaser fails, without good cause, to make a payment within the time limit prescribed in Article 6 herein, one of the following measures shall be taken (the two parties may select one method by making a tick (√) in the □):
I. Payment shall be handled, respectively, according to the overdue time and the portion of the payment that is due:
□ If a payment is overdue by 90 days or less, or if a payment is overdue by more than 90 days and the amount that is overdue is less than 1/5 of the Total Purchase Price: Purchaser shall pay Seller liquidated damages of 0.03% of the accumulated payables for every day that payment is in arrears, from the expiration of the agreed payment date of the payables to the date on which the payables have been fully paid, and the Real Estate Purchase and Sale Contract shall continue to be executed;
□ If a payment is overdue for more than 90 days and e the amount that is overdue is 1/5 of the Total Purchase Price or more, then Seller shall have the right to require either that the Purchaser to pay the Total Purchase Price or that the Real Estate Purchase and Sale Contract be rescinded within six months of the date by which payment was due. If Seller rescinds the contract, then Purchaser shall pay to Seller liquidated damages of 10% of the accumulated payables, and Seller shall return to Purchaser the purchase price already paid by Purchaser; in the event that Purchaser is willing to continue performance of the Contract and Seller approves, then the Contract shall continue to be executed and Purchaser shall pay Seller liquidated damages of 0.04% of the overdue payables for every day that payment is in arrears, from the expiration of the agreed payment date of the payables to the date on which the payables have been fully paid.
II. □

.
If Purchaser pays by mortgage loan and is unable to repay principle with interest regularly pursuant to the Real Estate (Guarantee) Loan Contract, causing the mortgage bank to require Seller to bear liability as the guarantor, then Seller shall have the right to claim against Purchaser for a compensation equivalent to % of the Overdue Payables for which Seller is liable.

Article 8 [Payment Certificate]
After Purchaser pays the purchase price, Seller shall issue an invoice. In addition, Seller shall issue a paid-up certificate after Purchaser has paid the Total Purchase Price.

Article 9 [Delivery Time and Method]
Seller shall deliver the real estate to Purchaser before [**date/month/year], and shall obtain the Record-Keeping for the Acceptance Check of _________ [the name of the city where the real estate is located] Completed Construc