Commercial housing sales contract

Commercial housing sales contractIt refers to a contract in which the seller transfers the ownership and related rights of commercial housing under construction or has been built to the buyer, and the buyer pays the price. The free download of commercial housing sales contract is provided by Huajun Software Park. The source file is in docx format. For more free downloads of commercial housing sales contracts, please pay attention to Huajun Software Park.

Basic introduction to commercial housing sales contract

A commercial housing sales contract refers to a contract in which a real estate development enterprise sells unfinished or completed houses to the public, transfers the ownership of the houses to the buyer, and the buyer pays the price. Among them, if the subscription, ordering, reservation and other agreements for commercial housing have the main contents of the commercial housing sales contract stipulated in Article 16 of the "Commercial Housing Sales Management Measures", and the seller has accepted the purchase money as agreed, the agreement should be recognized as a commercial housing sales contract (Article 16 of the "Measures for the Administration of Sales of Commercial Housing" promulgated by the Ministry of Construction of the People's Republic of China on April 4, 2001 and effective from June 1, 2001: When selling commercial housing, the real estate development enterprise and the buyer shall enter into a Written commercial housing sales contract.

Basic contents of commercial housing sales contract

Usually, the main contents of a commercial housing sales contract include the parties, the subject matter and its quantity and quality, payment, performance period, performance method, liability for breach of contract, etc.

​ 1. The seller of the commercial housing concerned is generally a real estate development enterprise, and its name, legal representative, industrial and commercial registration number, address, contact information and other basic information should be indicated. If the buyer is a legal person or other organization, it shall also be indicated. If it is a natural person, his name, ID number, address, contact information, etc. should be indicated.

2. The basic status of commercial housing must first indicate the legal basis for the seller to sell the house, including the land use right transfer contract number, land use right certificate or construction land approval certificate number, construction land planning permit, construction project planning permit, and construction permit . If it is a pre-sale commercial house, its pre-sale license number should also be specified. Secondly, it is necessary to indicate the basic situation of the commercial housing, including the specific location, floor, orientation, building area and internal building area, etc. Other decorations, decorations, etc. can be freely agreed upon by the parties involved.

3. Price and payment method The price of commercial housing includes unit price and total price. The total price can be calculated by building, apartment or unit. Regardless of whether there is any discrepancy between the actual area of ​​the commercial house and the agreement, the price will not be adjusted. The unit price is based on the area of ​​commercial housing, which can be divided into three methods: pricing based on building area, pricing based on the built-up area within the unit, and pricing based on usage area. There are generally three ways to pay the price in a commercial housing sales contract: first, payment in the form of a mortgage loan for the commercial housing purchased, also known as mortgage payment; second, one-time payment; third, installment payment. The mortgage payment method should clearly stipulate the down payment amount that the buyer should pay, the time and method of payment, which bank to apply for a loan from, and how to handle related matters if the loan application is not approved, etc. If it is a one-time payment or installment payment, the time and method of payment of the house payment or each installment of the house payment should be clearly stated.

​ ​ 4. The delivery and use methods and conditions of commercial housing The contract must specify the delivery time and procedures for the commercial housing. Usually, the seller will notify the buyer before the date specified in the contract to go to the location of the commercial house to accept delivery, and the buyer will accept the delivery on the date specified in the agreement or notice after the notice of delivery and use is served. The contract should stipulate the use and delivery conditions that the commercial house should have, mainly that the commercial house should have necessary acceptance documents, such as construction project quality acceptance, fire protection acceptance, comprehensive acceptance registration and filing form, etc. The buyer shall inspect and accept the commercial house in accordance with the delivery and use conditions stipulated in the contract.

5. Terms of public supporting facilities and equipment Since the normal use of commercial housing depends on the improvement of various public supporting conditions, this part should be clearly stipulated in the contract.

6. Handling of Area Differences The parties may agree on the difference in house area. If the parties do not agree, it shall be determined in accordance with the judicial interpretation of the Supreme People's Court.

7. Agreement on property rights registration. Since the change of real estate property rights in my country requires registration, after the commercial house is delivered for use, the registration procedures for transferring the ownership of the house and the corresponding land use rights to the name of the buyer should be completed, and the contract should be carried out in this regard. Make a clear agreement.

8. Liability for breach of contract The seller's main obligation is to provide qualified commercial housing. The main breach of contract is the failure to deliver the commercial housing according to the date and standard agreed in the contract. The main forms of liability for breach of contract are actual performance, compensation for losses, repair or replacement, and cancellation. contract. The buyer's main obligation is to pay and accept the commercial housing, and the way to bear liability for breach of contract is to actually perform the contract, compensate for the corresponding losses and terminate the contract.

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