編輯：萬向翻譯 / 日期：2019-06-12
I. This Contract is a model contract stipulated in accordance with the relevant laws and regulations on the method for real estate transfer, terms and conditions printed hereof are suggestive ones for mutual adoption by both parties.
II. House purchase is a civil legal act involves relatively bigger amount of subject matter, higher expertise and more laws and regulations. To better protect the rights and interests of both parties, a Contract shall be entered into with due discretion and as detailed, comprehensive and precise as possible.
III. Before signing the presale Contract, the real estate developer shall show the presale license of commodity housing to the purchaser. With regard to the authenticity and validity of the presale license and the possibilities of limited transfer of rights caused by the facts that the said commodity house has been presold repeatedly or sealed up by judicial authorities, the purchaser may make an enquiry to the district/county real estate trading center where the said commodity house is located.
IV. To protect their legal rights and interests, both parties herein may make the presale advertisement and brochure the annex of the commodity housing presale Contract upon agreement.
V. As the commodity house for presale is a house under construction (or a built house without initial land registration) by the real estate developer, there are uncertainties concerning the area, delivery date and quality of the house. Before signing the purchase Contract, both parties shall be fully acquainted with issues listed below:
1. When the commodity house is presold, the building area of the house is a result of temporary measurement. Upon delivery, the actual building area determined by the mapping institution appointed by the relevant housing, land or real estate administration authority shall be final. The presale Contract shall explicitly provide the gross building area, interior building area and public share building area. If the temporarily measured area is in discrepancy with the actual area, actions shall be taken in line with Article 20 of Regulatory Measures for the Sale of Real Estate.
[Article 20: Where the price of the commodity house is calculated as per the interior building area or the building area, the parties the parties shall set forth the treatment method for the case when there is discrepancy between the area specified in the contract and the area of property right registration.
If no such provisions are set forth in the contract, in principle, the case shall be treated as follows:
(I) If the absolute value of the area error ratio is less than 3% (inclusive), the price of the commodity house shall be settled according to its actual area;
(II) If the absolute value of the area error ratio is in excess of 3%, the purchaser shall have the right not to buy the commodity house. If the purchaser chooses not to buy the commodity house, the real estate developer shall, within 30 days after the request of the purchaser, refund all commodity house payments already paid by the purchaser, together with any interest accrued thereon. If the purchaser opts to buy the commodity house, when the area error ratio is less than 3% (inclusive), such portion of commodity house price shall be made up by the purchaser; when the area error ratio is greater than 3%, such portion of commodity house price shall be borne by the real estate developer but the purchaser shall have the property right thereto. If the area of property right registration is less than the area specified in the contract, when the absolute value of the area error ratio is less than 3% (inclusive), such portion of commodity house price shall be refunded to the purchaser by the real estate developer; when the absolute value is greater than 3%, such portion of commodity house price shall be refunded to the purchaser by the real estate developer in double.
Area of property title registration – Area specified in the contract
Area error ratio = Area of property title registration – Area specified in the contract ×100%
Area specified in the contract
If area discrepancy is caused by planning design change under Article 24 of these Measures, when the parties select not to terminate the contract, a supplementary agreement shall be signed.
2. As stipulated in Construction Project Quality Management Regulation promulgated by the State Council, construction unit shall provide a warranty to the quality of commodity housing as: “(1) in case of infrastructure work, groundsill foundation work and main structure work of building construction, the reasonable service life of the work hereinbefore as stated by the design documentation; (2) 5 years of antiseep period for roofing waterproof work and toilets, rooms, external walls requiring waterproof function; (3) 2 cycles of heating and cold supply for the heat and cold supply systems; (4) 2 years for installation and decoration of electric pipeline, water supply and drainage pipes and equipments.” The warranty period herein shall be calculated upon and from the date of final acceptance.
The real estate developer shall bear the responsibility to keep the commodity house bought by the purchaser in good repair from the date of delivery, calculating from the date that the rights of real estate are transferred, which period shall not be less than 2 years.
3. After delivery of the house, if its main body structure is found unqualified, actions can be taken according to Article 32 of Regulation for City Real Estate Development and Operation Management issued by the State Council, which regulates that “after delivery of the house, if the purchaser considers the main structure as unqualified, he/she may apply to project quality supervision units for a second check. If the main structure is really proved disqualified, the purchaser has the right to reject; if it causes any loss and damage to the purchaser, the real estate developer shall assume the legal liability for compensation.”VI. If any dispute arises during the execution of Contract, both parties can choose to file a suit to the people’s court where the real estate is located or apply to the arbitral commission for arbitration. If arbitration is selected, the application can be made to arbitral commission inside and outside
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