商品房買賣合同翻譯模板

SerialNo.：327338；CommercialHousingSalesCo；SupervisedandmadebyBeiji；StateLandandResourcesand；InstructionsofCommercial；　　1.Thecontractisasampleco；ConstructionCommitteeand；Commerce.；2.T

Serial No. ：327338

Commercial Housing Sales Contract

Supervised and made by Beijing Municipal Bureau of

State Land and Resources and House Management

Instructions of Commercial Housing Sales Contract

1. The contract is a sample contract； which is made together by Beijing

Construction Committee and Beijing Administration for Industry and

Commerce.

2. The commercial house in the contract refers to the house built and sold by

the enterprise of real estate development.

3. Party involved should sign the contract based on willingness， justice，

honesty and reputation. Any party cannot give the law to the counterpart. Both

parties can carry out amendment， supplement and deletion to clauses in the

contract. After the contract taking effect， as to the printed words without

alteration， it can be considered that both parties agree with the contents.

4. As for the selected options， handwriting is preferential.

5. As to [ ] options， blank filling and other contents needed to be deleted or

added in the contract， both parties should make a decision by negotiation. [ ]

Use √ to choose options； With regard to the practical conditions not happened

or unlimited by the two parties， use X to denote deletion.

6. Before signing， vendor should show license of presale of commercial

housing and other related certificates and documentary evidence to buyer.

7. The contract articles are explained by Ministry of Construction of the P.R.C.

and State Administration for Industry and Commerce.

Commercial Housing Sales Contract

The two parties concerned in this contract：

The Seller：

Enterprise Qualification Certificate No.：

Entrusted Agent： Postcode： Telephones No.：

Postcode：

The Purchaser：

【Individual】【Legal Representative】Name： LIANG Qiuling

【ID Card】【Passport】【Business License Registered No.】【 】

【Authorized Agent】【 】Name： Nationality：

Address： Postcode：

Telephone No.：

According to Contract Law of the People's Republic of China， Urban Real

Estate Management Law of the People's Republic of China， and other related

rules and regulations， Party A and Party B come to the following agreement on

the commercial housing sales based on the principle of equality， free will， and

negotiation：

Article One Basis for the Project Construction The【remise of land use right contract No.】【allocation of land use right

approval document No.】【Transfer of Land Use Right approval document No.】

is

The land area is After the approval， the seller constructed commercial houses on the

aforementioned land. 【qualified name】【temporary name】Number of the Construction Project Planning Permit is

Article Two Basis for Sales of the Commercial House

The commercial house bought by the purchaser is 【house completed】

【commercial house for advance sale】。 The administration that authorized

the advance sale of commercial houses is the number of the Article Three Basic Conditions of the Commercial Hou

se Bought by the

Purchaser

The commercial house bought by the purchaser （hereinafter abbreviated as

the commercial house. Its floor plan is specified in annex one of the contract

and the room number is subject to annex one） is located in the project as

stated in the first article of the contract， details as below：

【Building】1 【Floor】18 【Room】07 The balcony of the commercial house is 【close】【semi-close】。

The commercial house‘s construction area【stipulated in the contract】【in

property ownership registration】square meters. （Instructions

on the constitution apportioned construction area of public area and public

houses are specified in annex two）

actual floor. The sold floors exclude Floor 4， 13， 14， 24.

Article Four Pricing Measures and Payment

The seller and the purchaser agree to count the commercial house payment

of the following measures. （the cost of natural gas and

heat energy is not included）

1. According to construction area. The unit price of the commercial house is eighty only.

2.Accordingtoindoorconst；4.；ArticleFiveAreaConfirmat；Accordingtothecountingme；【indoorconstructionarea】；Thisarticledoesnotapplyt；Incaseofdiscrepancybetwe；Afterdeliveryofthecommer；1.

2. According to indoor construction area. The unit price of the commercial house is （currency ） per square meter， and the total payment amount is 3. According to set （unit） The total payment of the commercial house is ） .

4.

Article Five Area Confirmation and Area Discrepancy Handling

According to the counting measure selected by the purchaser， it is stipulated in this article that the area discrepancy handling is based on 【construction area】

【indoor construction area】（abbreviated as the area in this article）

This article does not apply to the party that selects the payment counting according to set.

In case of discrepancy between the area stipulated in the contract and the area in property ownership registration， the area in property ownership registration serves as the criterion.

After delivery of the commercial house， both parties agree to handle the discrepancy between the area in property ownership registration and the area as follow.

1. Joint agreement of the two parties.

（1） （2） （3） （4） 2. Both parties agree on following regulations.

（1） If the absolute value of the area discrepancy is within 3% （3% included），

the house payment will be made according to actual area.

（2） If the absolute value of the area discrepancy is over 3%， the purchaser

has the right to cancel the house purchase.

If the purchaser cancels the house purchase， the seller should return the

paid-up amount to the purchaser within 30 days upon the purchaser‘s

house purchase cancellation， and pay interest according to Interest rate of

If the purchaser does not cancel the house purchase and the area in

property ownership registration is larger than the area stipulated in the

contract， the payment for the discrepancy within 3% （3% included） will be

paid by the purchaser， and the payment for the discrepancy over 3% will

be undertaken by the seller. The property ownership belongs to the

purchaser. If the area in property ownership registration is smaller than the

area stipulated in the contract， the payment for the area discrepancy within

3% （3% included） will be return

ed to the purchaser from the seller， and the

payment for the discrepancy over 3% will be returned doubly to the

purchaser from the seller.

Area discrepancy rate = （area in property ownership registration - area

stipulated in the contract） / area stipulated in the contract X XX%

As for the area discrepancy caused by design alteration， supplementary

agreement should be signed if both partied do not terminate the contract.

Article Six Payment Term and Time Limit 1. Lump sum payment

2. Installment payment

3. Other measures

Article Seven Purchaser‘s Responsibility for Breach of Contract Due to Overdue Payment

If the purchase does not pay according to the time stipulated in this contract，

1. Handle separately according to the overdue period. （No accumulation） percent of the overdue payment per day to the seller as the penalty from

the second day after the payment deadline stipulated in this contract to the

actual payment day， and the contract continues to be effective.

（2） If the overdue period is over days， the seller has the right to

terminate the contract. If the seller terminates the contract， the purchaser

should pay of the accumulative payable amount to the seller as the

penalty. If the purchaser is willing to continue performing the contract， the

contract will continue to be effective with the approval of the seller. From

the second day after the payment deadline stipulated in this contract to the

actual payment day， the purchaser should pay hundred thousandth

（this rate should not be less than the penalty rate stipulated in the item just

above） of the overdue payment per day to the seller.

The overdue payment in this article refers to the balance between the due

payable amount stipulated in article six of this contract and the actual

payment of that term. If adopting installment payment， the overdue

payment will be determined according to the balance between the payable

installment amount and the actual payment of that time.

2. Article Eight Delivery Term

The seller should deliver the commercial house that reaches requirement as follow and matches the stipulations of this contract to the

purchaser according to relevant state and local government regulations 1. The commercial house passes the examination and acceptance.

2. The commercial house passes the comprehensive examination and

acceptance.

3. The commercial house passes the termly comprehensive examination

and acceptance.

4. The commercial house acquires approval document on delivery and

use of the commercial residence.

5. If encountering special reasons as follows， the seller can postpone the delivery according to actual conditions except the conditions that both parties agree to terminate the contract or alter the contract through discussion.

1. Encountering force majeure and the seller informs the purchaser about it 2. 3.

Article Nine Seller‘s Responsibility for Breach of Contract Due to Overdue Delivery

Except the special condition stipulated in article eight of this contract， it will be handled according to the measure if the seller fails to deliver the commercial house to the purchaser according to the time limit stipulated in this contract.

1. Handle separately according to the overdue period. （No accumulation）

1. hundre

d thousandth of the paid-up house purchase payment per day to

the seller as the penalty from the second day after the delivery deadline

stipulated in this contract to the actual delivery day， and the performance

of the contract continues.

2. For the overdue period is the purchaser has the right to

terminate the contract. If the purchaser terminates the contract， the seller

should return all the paid-up payment within days upon the

purchaser‘s announcement day of the contract termination and pay purchaser is willing to continue implementing the contract， the contract will continue to be effective. From the second day after the delivery deadline stipulated in article eight of this contract to the actual delivery daybe less than the penalty rate stipulated in the item just above） of the paid-up house purchase payment per day to the purchaser.

2.

Article Ten Agreements on Alteration of Plan and Design

If the quality or function of the commercial house bought by the purchaser is influenced by the planning alteration approved by the planning department and the design alteration approved by the design unit， the seller should notify the purchaser within 10 days upon the day of approval from relevant department.

1. The structure form， house style， space and size， facing of the commercial house；

2.

3. 4. 5.

6. 7. The purchaser has the right to reply whether or not cancel the house purchase in written form within 15 days after receiving the notice. If no written reply is made， it will be deemed that the purchaser accepts the alteration. If the seller does not inform the purchaser within stipulated time limit， the purchaser has the right to cancel the house purchase.

If the purchaser cancels the house purchase， the seller should return

cancellationdateandpayin；ArticleElevenDelivery；Whenthecommercialhousere；Incaseofoverduedeliveryd；ArticleTwelveTheselleren；ArticleThirteenTheSeller；Thedecorationandfacility；3.Articl

cancellation date and pay interests according to interest rate of If the purchaser does not cancel the house purchase， supplementary agreement should be signed with the seller.

Article Eleven Delivery

When the commercial house reaches the delivery serviceable condition， the seller should notify the purchaser to handle delivery procedures. At the takeover of examination and acceptance， the seller should present documentary proof stipulated in article eight of this contract and sign the house delivery sheet. If the commercial house is bought as residence， the seller should provide Guarantee Letter of Residence Quality and Residence Instruction Book. If the seller cannot present the documentary proof or the documentary proof presented is incomplete， the purchaser has the right to refuse takeover and the seller should undertake the responsibilities caused by overdue delivery.

In case of overdue delivery due to the seller‘s account， both parties agree to comply with following measures：

Article Twelve The seller ensures that the commercial house for sale is not

involved in dispute of ownership or credit‘s rights and indebtedness. In case of the seller’s reasons that cause inability to handle ownership registration or occurrence of credit and debt dispute， the seller should undertake all the responsibilities.

Article Thirteen The Seller‘s Penalty Commitment Regarding Decoration and Facility Standard

The decoration and facility

standard of the delivered house is according to the attachment 3. If the decoration and facility are not qualified， buyer has right to 1. The seller shall compensate the double post of the decoration and equipments.

3. Article Fourteen The Seller‘s Promise on Formal Operation of Public Facilities and Basic Facilities

1. 2. 3. 4. 5. If the conditions are not available up to the regulated date， the two parties agree to solve it as the following way：

1. 2.

Article Fifteen Agreements on Ownership Registration ownership registration materials provided by the purchaser to the ownership registration administration for filing. If the purchaser cannot acquire real estate ownership certificate within stipulated time limit due to the seller‘s reasons，

1. The purchaser cancels the house purchase， and the seller returns the day after the purchaser‘s the compensation for the purchaser’s loss.

2. The purchaser does not cancel the house purchase， and the seller pays

as of the paid-up house payment to the purchaser as the penalty.

3.

Article Sixteen Warranty Responsibilities

For the commercial house bought for commercial residence use， the Guarantee Letter of Residence Quality is the annex of this contract. The seller should assume relevant warranty responsibilities from the commercial house delivery day according to the commitments in the Guarantee Letter of Residence Quality.

For the commercial house bought for non-commercial residence use， both parties should make specific stipulations on warranty scope， period and responsibilities etc in form of contract annex.

As for the quality problems occurred within the warranty scope and period of the commercial house， the seller should perform warranty obligation. For the damage caused by force majeure or not seller‘s reasons， the seller will not undertake responsibility， but may offer assistance for maintenance. The maintenance charges will be paid by the purchaser.

Article Seventeen Both Parties Agree on Following Issues：

1. The right to use the internal surface of the building where the commercial

2. The right to use the exterior wall of the building where the commercial house locates： belongs to the concurrent owner；

3. The right to name the building where the commercial house locates： 4. The right to name the community where the commercial house locates： 5. 6. Article Eighteen The purchaser‘s house is only used foruse period， the purchaser cannot alter the main construction structure， bearing structure and purpose of the commercial house deliberately. Except otherwise regulated in this contract and the annex thereof， the purchaser is entitled to share the common parts and facilities related to the commercial house with other owners， and undertake obligations according to land occupancy area and apportioned area of common parts and public houses.

The seller cannot alter the function of the common parts and facilities related to the commercial house deliberately.

Article Nineteen For the disputes occurred during the performance of the contract， both parties will solve through discussion. If the discussion fails to 1. arbitration committee.

2. Sue to the People‘s Court according to law.

Article Twenty For the issues excluded in this contract， the supplementary agreement （annex four） should be signed upon both parties‘ consents.

Article Twenty One The contract annexes bear the equivalent legal

force as this contract. Within the contract and the annex thereof， the written characters filled in blank bear the equivalent force as the printed text.

Article Twenty Two pages， and

is done in copies， which bear the equivalent legal force. The contracts are held as follow： copy for the seller， copy for the purchaser， copies for

Article Twenty Three This contract comes into effect upon both parties‘ signature.

Article Twenty Four For the advance sale of the commercial house， the seller

Seller： Beijing Zhongguang Real Estate Co.， Ltd. （sealed）

Legal representative：

Purchaser： LIANG Qiuling （signature）

Legal representative：

Annex1：Houseichnography；BeijingZhongguangRealEst；LIANGQiuling（signature）；Annex2：；Formationintroductionoft；1.Floor2undertheground；2.Floor1undertheground；3.Floor1；4.Floor2toFloor22；5

Annex 1： House ichnography

Beijing Zhongguang Real Estate Co.， Ltd. （sealed）

LIANG Qiuling （signature）

Annex 2：

Formation introduction of the apportioned construction area of public area and public houses

1. Floor 2 under the ground

2. Floor 1 under the ground

3. Floor 1

4. Floor 2 to Floor 22

5. Top Floor

6. Walls

All the public construction area is for residence and apportioned by proportion according to the document of J GTFGQ ZI [20XX] No. 369.

LIANG Qiuling （signature）

Beijing Zhongguang Real Estate Co.， Ltd. （sealed）

Jul. 5， 20XX

Annex 3： Decoration and facility standards

1. Outer wall：

2. Inner wall：

3. Ceiling：

4. Floor：

5. Doors and windows：

6. Kitchen：

7. Lavatory：

8. Balcony：

9. Elevator

10. Others：