商品房买卖合同-英文样板.docx

CF-2000-0171
Contract No.:15119

COMMODITY HOUSE PURCHASE AND SALES CONTRACT

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Vender：

Vendee：

Shandong Industry and Commercial Administration sealed

Made under Supervision of National Construction Department and Shandong Provincial Administration for Industry and Commerce

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Contract Parties:

Vender：
Register Address：
Register Business License Number：
Company Qualification Certificate Number：
Legal Representative： Contact Phone：
Postal Code：
Entrusted Agent： Contact Phone：
Address：
Postal Code：
Entrusted Agency：
Register Address：
Register Business License Number：
Legal Representative： Contact Phone：
Postal Code：

Vendee：
[ Myself]【Legal representative】 Name：
Nationality:
【ID card】【Passport】【Business license registration number】
【 】
Address：
Postal Code： Contact Phone：

According to the《People's Republic of China Law of contract》, 《People's Republic of China City Real estate Control law》 and other relevant laws and regulations，The vendee and vender should be base on the equality, voluntarily, consults unanimously foundation to reach the following agreements about purchasing the commodity apartments .

Article 1 Project construction basis

Seller get the land employment right of which is located in , the serial number is by the way of .【contract number for granting of land-use right 】【document number for allowing and authorizing of land-use right】【document number for transferring and authorizing of land-use right】is .
This land area is , the plan use is the , the land use age is limited from to .
Seller by approving of authority, construct the commercial residential houses in the above land parcel, 【present name】,【 temporary name 】 , the construction project plan license number is , the building permit license number is .

Article 2 Residential basis.

The residential is 【completed house】【the selling house in advance】 .The approval authority of selling house in advance is , pre-selling permit license number is .

Article 3 Fundamental state of vendee’s commodity house.

Vendee’s commercial residential building (hereinafter referred to as the commodity building, the house plan is specified in appendix 1 to the contract, house number is bases on the appendix 1 details) which stipulated in the first article of the contract is:
【tents】（building number ）specific house number is ， 【unit】 【layer】house number .
Commercial building’s use which is approved by planning department is , belongs to structure, layer height is .the total number of residential plies are underground layer are .
The balcony of this apartment is [sealed] [not sealed].
The total building area of this apartment is ㎡ as [stipulated on contract] [property registration]. The Usable Area is ㎡, with Public area to be shared ㎡( refer to the attachment2 for Public area to be shared construction explanation )

Article 4 Valuation Mode & price

Vender and vendee calculate the price of this apartment as stipulated in mode below:
1. According to the building area, the unit price of this apartment is ( ) /㎡, totally ( )

2. According to the Usable area, the unit price of this apartment is ( ) /㎡, totally ( )
3. According to the Set, the unit price of this apartment is totally ( )
4．

。

Article 5 Area confirmation and difference treatment

According to the valuation mode which interested parties choose, this article stipulates the area confirmation and difference treatment according to [building area][usable area]( hereinafter called area for short).
Parties selected price according to Set, this clause shall not apply.
For any differences in contracted area and registration area, the registration area will be taken as the standard.
After the apartment is transferred to the buyer, for any differences in contracted area and registration area, both parties will agree to manage according to the following
term:
1. Special agreement by both parties
（1） ；
（2） ；
（3） ；
（4） 。
2. Both parties will agree to manage according to the following principle:
（1）If the absolute value difference is within 3%( include 3%), the charge will be according to actual amount.
（2）If the absolute value difference is exceeds 3%( include 3%), the buyer has rights to cancel the order.
For the buyer who cancels the order, the seller must return the money to buyer within 30 days after buyer make the order cancel application, and pay the interests rates according to %.
For the buyer who choice not cancel the order, if the registration areas is within 3% (including 3%) bigger than contracted area, the exceeded amount should be supplemented by the buyer; for the case which is more than 3%, the exceeded amount should be born by the seller, the property rights belongs to the buyer. If the registration areas is smaller than contracted area, the area ratio is within 3% (including 3%), the exceeded amount must be returned to the buyer; the amount which are more than 3% must be doubled and return to the buyer.

Registration areas - Contracted area
Area tolerance ratio = ×100﹪ Contracted area

The difference caused by the design modification, which both parties does not terminate the contract, buyer and seller should sign complementary agreement of contract.

Article 6 Payment and Deadline

The buyer must make the payment according to the mode
1. Full Payment in once

。
2. Installment Payment

。
3. Loan Payment

。
 4. Others

。

Article7 Breach of contract responsibility for overdue payment

If the buyer cannot effect the payment in the stipulated time, he or she will be treated in the mode:
1. According to the late pay time, process respectively (not cumulative)
（1）If the overdue date is within_ _days, from the 2nd due payment date to the actual payment date, the buyer should pay to the seller % default fine according to the overdue date, the contract will continue to be performed.
（2）If the overdue date is exceeds __ days, the buyer has the rights to terminate the contract. the buyer should pay to the seller % default fine according to the overdue date, If buyer still willing to continue the contract, after seller agrees, the contract will continue to be performed, from the 2nd due payment date to the actual payment date, the buyer should pay to the seller % (this ratio cannot less than the rates in （1）) default fine according to the overdue date.
The overdue payment in this article refers to the balance between 6th article due payment and actual effected payment; for installment payment, it should be decided by the balance between due installment and actual payment.
2．

。

Article 8 Delivery deadline

According to the state’s and local government regulations, the seller should handover the commercial residential building, which possess the below conditions, as stipulated by the contract, to the buyer before
1. This commodity residential building is inspected to be qualified.
2. This commodity residential building is comprehensively inspected to be qualified.
3. This commodity residential building is installment inspected to be qualified.
4. This commodity residential building obtained the approval documents of commercial residential handover for usage.
5． 。
But in case of the following exceptional reasons, except for both parties agree the termination or alternation of contract, the seller can prolong the deadline as per actual fact.
1. Encountered with majeure, and seller informed the buyer within days after the majeure occurs;
    2． ；
    3． 。

。

Article 9 Responsibility of delay in handover apartment

Except for the special cases stipulated in article8, if the seller cannot handover the apartment to buyer in the stipulated schedule in this contract, the buyer should be treated in the following mode:
1. According to the overdue time, the seller should be treated separately (not be accumulated)
（1）For overdue date less than days, from the 2nd day of deadline stipulated in article 8 to the actual deliver day, the seller should pay _____% default fine of the already effected payment, this contract will be performed continuously.
（2）For overdue date more than days, the buyer can terminate the contract. In this case, the seller should return all the payment within days after the date of termination, and pay __% default fine of the already effected payment. If the buyer requests continuously perform the contract, this contract will be performed continuously. From the 2nd day of deadline stipulated in article 8 to the actual deliver day, the seller should pay the buyer % ( this ratio cannot be less than the rates in 1) of the already effected payment
2．

。

Article 10 Agreement on the planning and designing variation

The planning and designing variation agreed by government or designing organization, which affects the commodity residential quality and usage of buyer, the seller should send written notification to the buyer within 10 days after the approval upon the related authority:
（1）The construction, layout, space dimension, orientation;
（2） ；
（3） ；
（4） ；
（5） ；
（6） ；
（7） 。
The buyer has the rights to reply in written words regarding whether to cancel the order within 15 days after receiving the notice. If the buyer didn’t cancel the order within 15 days after receiving the notice, it will be regarded as acceptance to the variation. If the seller hasn’t noticed the buyer within stipulated time, the buyer has rights to cancel the order.
If the buyer cancel the order, the seller must return the effected payment within _ days after the request is made, and also pay the interests according to %. If the buyer doesn’t cancel the order, he or she should sign supplementary agreement with the seller.

。

Article 11 Handover

When the residential commodity meets the usage condition, the seller should send written notification to the buyer to make handover procedure. During the handover, the seller must issue the proof documents stipulated in article 8, and sign the residential handover sheet. For the residential which belongs to habitation, the seller also need to provide the [habitation quali