Model Third Party Agreement 1
Party A:
Party B:
Party C:
After Party B financed the loan from Party A, the company ran into difficulties and failed to repay the debts as required by Party A. According to the provisions of the People's Republic of China (PRC) Contract Law, after full communication and consultation among the three parties, it was unanimously agreed that when Party B was unable to repay, Party C would provide the fixed assets under its name to pay off Party A's creditor's rights.
The three parties hereby sign the following agreement, which shall be followed by * * * *.
1. To offset the creditor's rights, the principal of Party A's creditor's rights is RMB, the interest is RMB, and the total principal and interest is RMB.
Second, for fixed assets.
Name of mortgaged assets:
Building area:
Unit price of the house: total price:
Remarks:
Three. Statement of assets mortgage.
1. After this agreement comes into effect, Party A's creditor's rights will be paid off in one lump sum, and the original loan agreement and supplementary agreement signed by the three parties will no longer be fulfilled. This agreement has replaced the original loan agreement and supplementary agreement, and the scope and content of the rights and obligations of the three parties shall be subject to the contents of this agreement.
2. After this agreement comes into effect, neither party shall put forward any requirements unrelated to this agreement, otherwise it will be regarded as a breach of contract. The observant party has the right to require the defaulting party to continue to perform this Agreement, and to require the defaulting party to compensate the economic losses. (Loss calculation standard:)
3. This asset mortgage is regarded as Party C's compensation for Party B's debts, so Party C has the right to recover from Party B, and the rights and obligations of both parties shall be determined through negotiation.
Four. Other agreements
1. After the signing of this agreement, Party A shall deliver all the original loan agreements signed with Party B to Party C, and then Party A shall go through the procedures for the transfer of fixed assets to the department designated by Party C with this agreement;
2. Taxes and fees incurred in the transfer of fixed assets shall be borne according to the provisions of the state.
3、
4、
Verb (abbreviation for verb) dispute settlement
Any dispute arising from the performance of this Agreement shall be settled through friendly negotiation; If negotiation fails, a lawsuit can be brought to the people's court where Party C lives.
The entry into force of intransitive verb agreement
This agreement shall come into force as of the date of signature or seal by all parties. This agreement is made in quadruplicate, one for Party A, one for Party B and two for Party C. ..
Party A (signature, seal or seal): Time:
Party B: Time:
Party C: Time:
Model II of Third Party Agreement
Party A: (Seller) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Party B: (Buyer) _ _ _ _ _ _ _ _ _ _ _ _ _ _
Through the introduction of the broker, Party A and Party B have reached the following terms on the sale of private property by Party A to Party B:
Article 1 Transaction items
Party A voluntarily sells to Party B the property (house) with the property owner's property area of square meters located in the urban area, and at the same time transfers the land ownership and garage (miscellaneous house) square meters occupied by the property. Party B has fully understood the property and voluntarily purchased the house.
Both parties agree that the transaction price of the property is RMB only;
Article 2 Payment Matters
1. When signing this agreement, Party B shall pay RMB Yuan only as a deposit to Party A in cash, and Party A shall hand over the original property right certificate and relevant ownership certificate of the house to the broker for property right transfer.
2. Specific payment methods of Party A and Party B (choose one)
lump-sum payment
(1) Both Party A and Party B shall go through the transfer and signature formalities at the Housing Authority at the same time, and Party B shall pay the house price of RMB only to the fund supervision account of the Housing Authority. (2) Before going through the transfer signature formalities, Party B shall pay Party A the house price in cash or by transfer, and Party A shall issue a receipt of the same amount. □ Bank mortgage loan
Loan form: □ commercial loan □ provident fund loan
① When signing this Agreement, Party B entrusts a broker to apply for bank mortgage loan in RMB only.
② Mortgage down payment: Party B shall pay the down payment of RMB Yuan only to the second-hand housing fund supervision center of the Real Estate Bureau within days after the approval of the bank, and handle the transfer formalities on the same day.
③ The second-hand housing fund supervision center of the Real Estate Bureau issues the house ownership certificate in the housing management department, and delivers the supervision down payment and bank mortgage payment to Party A at one time without interest after the housing management department handles his certificate.
(4) If the mortgage application is not approved by the bank, Party A will return all the house payment and deposit to Party B at one time without interest within two days after receiving the written notice from the bank.
3. After all the transfer procedures are completed, Party B receives the real estate license, and after the delivery of the house, Party B pays the remaining house price of RMB only.
4. All taxes and fees transferred shall be borne by Party A. After the signing of this agreement, if the government and relevant departments adjust taxes and fees, the tax payer shall implement it according to its new regulations.
5. As the Broker has provided intermediary services to facilitate the transaction between Party A and Party B, the Broker shall pay the service fee of RMB Yuan only when signing this Agreement.
Article 3 Time of delivery of property
1. Party A shall deliver the house to Party B before, and deliver the documents and certificates related to the house to Party B.. For each day overdue, Party A shall pay 4% of the house price paid by Party B, and pay Party B a late fee; If the delay exceeds 15 days, Party A shall be deemed to have breached the contract, and Party B may request the court to enforce it.
2. Party A shall go through the formalities for moving out of the real estate account before.
Article 4 Rights and obligations of both parties
1. Party A guarantees that the property ownership is clear, there are no disputes such as property rights debts, taxes, mortgage repayment, etc., or it has been cleaned up before the sale, and it enjoys the right to sell the property according to law, which is in line with national laws, policies and regulations on real estate listing; At the same time, Party A promises that it has obtained the consent of the owner, has the right to sign this agreement, and can cooperate with Party B to hand over and deliver the house as agreed.
Party A guarantees that the owner or lessee of the house has given up the preemptive right. If there is any discrepancy, Party A shall be responsible for compensating the losses caused to Party B and the broker.
2. The house is sold to Party B as it is, and Party B has invited or authorized its representative to inspect the house. Party B shall not refuse the transaction after confirming that there is no objection.
3. Before the house is delivered to Party B for use, Party A shall pay all miscellaneous expenses related to the house (such as water, electricity, gas, property management fee, sanitation fee, cable TV fee, telephone fee, etc.). ), and the relevant transfer fee shall be paid by Party B. ..
Model Third Party Agreement 3
Three parties to the contract:
Seller: [ID card]:
Contact address:
Name of entrusted agent: [ID card]:
Contact address:
Buyer: [ID card]:
Contact address:
Name of entrusted agent: [ID card]:
Contact address:
Agent:
Registered address:
Contact telephone number:
According to the Contract Law of People's Republic of China (PRC) and relevant laws and regulations, on the basis of equality, voluntariness and unanimity, the three parties to this contract reach an agreement on the sole entrustment of the seller and the buyer to the intermediary to buy and sell the house, and conclude this contract:
Article 1: The purchased house (hereinafter referred to as the house) is [existing house], the address is:, and the construction area is: square meters (subject to [property ownership certificate area]).
Article 2: The number of the Property Ownership Certificate held by the Seller is: the current property right of the house is mortgaged by the bank. The Seller guarantees that it has the complete right to dispose of the house, and there are no disputes over property rights and creditor's rights and debts. If the house cannot be registered or there is a dispute over creditor's rights and debts due to the seller's reasons, the seller shall bear all the responsibilities.
Article 3: The Buyer and the Seller agree that the transaction price of the house is RMB one hundred thousand and one hundred Yuan only.
Article 4: The Buyer shall pay the house price to the Seller on time and pay the house price according to the payment method in the annex.
Article 5: The taxes and fees generated by this transaction shall be paid in the form of [taxes and fees paid by the buyer and the seller respectively according to the regulations of the real estate exchange] and [others:].
Article 6: The date when the Seller delivers the house to the Buyer for use is []; The seller must pay all incidental expenses related to the house (such as water, electricity, gas, management fee, telephone fee, network fee, cable TV fee, etc.). ) when the property is delivered.
Article 7: The house is sold to the buyer as it is, and the buyer has checked and agreed to buy the house as it is.
Article 8: The seller shall properly handle the property rights, debts, taxes, lease, mortgage repayment and other matters related to the house before the transaction transfer is completed, and ensure that the buyer will not be responsible for the above matters when the transaction transfer is completed.
Article 9: As the intermediary facilitates the signing of this contract and provides intermediary services, the seller agrees to pay the consulting and intermediary service fee of RMB one hundred and ten Yuan only (￥) to the intermediary on the effective date of this contract, and the buyer agrees to pay the consulting and intermediary service fee of RMB one hundred and ten Yuan only (￥) to the intermediary on the effective date of this contract.
If the seller or buyer fails to pay the consulting and intermediary service fee in time, it shall pay one thousandth of the consulting and intermediary service fee to the broker on a daily basis until the settlement date.
Article 10: In any case, if the seller or the buyer fails to buy or sell the real estate according to the terms of this contract after signing this contract, the breaching party shall pay 5% of the total transaction price to the broker as liquidated damages.
Article 11: If the seller fails to sell the house to the seller after receiving the down payment, the seller shall return the house price paid by the buyer on the day when it is determined that the house cannot be sold, and return the down payment together with both parties.
Article 12: The seller's late delivery of the house to the buyer shall be regarded as a breach of contract, and the buyer has the right to terminate the contract. For each overdue day, the Seller shall pay the Buyer a penalty equivalent to one thousandth of the total construction price of the house; If the buyer cancels the contract, the seller shall return the deposit and house price paid by the buyer.
Article 13: If the buyer fails to perform the terms of this contract after paying the deposit, the seller has the right to confiscate the deposit paid by the buyer and sell the house to others.
Article 14: If the buyer fails to pay the house price according to the payment method agreed in the annex, it will be regarded as a breach of contract, and the seller has the right to terminate the contract. If the Seller does not terminate the Contract, the Buyer shall pay the Buyer a penalty equivalent to one thousandth of the total construction price of the house for each overdue day; If the seller cancels the contract, the seller has the right to confiscate the deposit paid by the buyer and sell the property to others.
Fifteenth due to a breach of contract by one party, the other two parties to pursue the responsibility for breach of contract, the lawyer's fees, shall be borne by the defaulting party.
Article 16: This contract supersedes any previous claims, understandings, commitments and agreements of the three parties in the negotiation.
Article 17: Any dispute arising from the performance of this contract among the three parties shall be settled through consultation. If no settlement can be reached through negotiation, it shall be settled by [submitting it to Guangzhou Arbitration Commission for arbitration by an independent arbitrator according to the summary arbitration procedure].
Article 18: The annexes to this contract have the same legal effect as this contract. In this contract and its annexes, the words filled in the blank part have the same effect as the printed words.
Article 19: This contract and its annexes have three pages in total and are made in triplicate, all of which have the same legal effect. The contract is held as follows: one for the seller, one for the buyer and one for the broker. Article 20: This contract shall come into effect after being signed by three parties.
Article 21: Other matters agreed by the three parties:
1. The sales price includes all expenses paid by the seller for the inherent facilities of the house, such as the existing hydropower equipment and existing decoration equipment in the property.
2. It is known that the property right of buying and selling real estate is bank mortgage debt.
3. If the court fails to make a ruling, the buyer and the seller shall not be liable for breach of contract. The seller shall immediately return the deposit to the buyer without interest.
4. After the written ruling is issued, if the buyer breaches the contract, the deposit will not be refunded, and the right to buy and sell will belong to the bank.
5. The buyer must notarize and entrust the seller to purchase the property, and state in the notarized power of attorney that the seller can transfer the above property to others after the buyer determines the breach of contract.
Remarks: The Buyer and the Seller confirm that they have clearly understood the contents and meanings of the contract terms, and voluntarily accept the contract terms.
Seller's agent (signature): Buyer's agent (signature): Broker (signature): Broker's agent (signature): Signing date: year, month and day.