How to sign a model house purchase contract (5 selected articles) (1)? _ The text of this house purchase contract is a model text and can also be used as a signing text. Before signing the contract, the buyer should read the contents of the contract carefully. If there is any objection to the contract terms and professional terms, the buyer may consult the local real estate development authorities.
? The seller (hereinafter referred to as Party A): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
? Legal Representative: _ _ _ _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
? Registered address: _ _ _ _ _ _ _ _ _ _ Postal code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
? Business license number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
? Bank: _ _ _ _ _ _ _ _ _ _ _ Account number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
? Authorized Agent (real estate agency): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
? Legal Representative: _ _ _ _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
? Registered address: _ _ _ _ _ _ _ _ _ _ Postal code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
? Business license number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
? Qualification certificate number of real estate agency: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
? Bank: _ _ _ _ _ _ _ _ _ _ _ Account number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
? The Buyer (hereinafter referred to as Party B): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
? Nationality/legal representative: _ _ _ _ _ _ ID card (passport)/business license number: _ _ _ _ _ _
? Address: _ _ _ _ _ _ _ _ _ _ _ Postal Code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
? Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
? Authorized Agent: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
? Nationality/legal representative: _ _ _ _ _ _ ID card (passport)/business license number: _ _ _ _ _ _
? Address: _ _ _ _ _ _ _ _ _ _ _ Postal Code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
? Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
? According to People's Republic of China (PRC) Contract Law, People's Republic of China (PRC) Urban Real Estate Management Law and relevant laws and regulations, Party A and Party B, following the principles of equality, voluntariness, fairness, honesty and trustworthiness, abide by the law, reach the following terms through negotiation:
? Article 1 Commercial housing situation
? The sales license number of the commodity house is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The design purpose is _ _ _ _ _ _, the building structure is _ _ _ _ _, and the number of building floors is _ _ _ _ _. The construction area is _ _ _ _ _ _ square meters, of which the interior construction area is _ _ _ _ square meters and the construction area is _ _ _ _ _ _ _ _ square meters.
? See Annex I for the floor plan of commercial housing, and Annex II for the mortgage and lease of commercial housing.
? The land source of the Commodity House is _ _ _ _ _ _. If the land use right is obtained by means of transfer, the land use period is _ _ _ _ _ _ _ _ _ _.
? Article 2 Price of commercial housing
? The sales of commercial housing are calculated according to the construction area, and the price per square meter is _ _ _ _ _ _ _ _ _ (currency: _ _ _ _ _ _ _ _), and the price is _ _ _ _ _ _ _ _ _ (in words).
? Article 3 Delivery Date of Commercial House
? Commercial housing can be delivered only after it is completed and accepted; Without acceptance or unqualified acceptance, it shall not be delivered for use.
? Party A shall deliver the Commodity House to Party B before _ _ _ _. In case of force majeure and failure to perform the contract, both parties agree to deal with it according to the following _ _ _ _ _ _ _:
? 1, change the contract
? 2. Termination of the contract
? 3、_____________________________。
? Article 4 Payment Method and Time of Party B
? Party B shall pay in the following ways:
? 1, one-time payment.
? ________________________________________________________________________________________________________________________________
? 2. installment payment.
? ________________________________________________________________________________________________________________________________
? 3. Other ways. _________________________________________________________________________________________________________________________
? Article 5 Handling of Party A's overdue delivery of commercial housing
? Except for force majeure, if Party A fails to deliver the commodity house on the date agreed in Article 3 of this contract, Party B has the right to recover the paid interest from Party A, and the interest shall be calculated at the bank loan interest rate for the same period from the date of delivery of the commodity house by Party A as agreed in this contract to the date of actual delivery of the commodity house.
? If the above-mentioned agreed time limit is exceeded, Party B has the right to pursue Party A's liability for breach of contract in the following _ _ _ _ _ _ _ _:
? 1. Continue to perform the contract. Party A shall pay the interest paid by Party B, and the interest shall be calculated at the bank loan interest rate for the same period from the day after the delivery date of the commercial house agreed by Party A in this Contract to the actual delivery date of the commercial house. In addition, Party A shall also pay liquidated damages to Party B in the form of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
? 2. terminate the contract. Party A shall refund the payment made by Party B and pay the paid interest. The interest shall be calculated at the bank loan interest rate for the same period from the date when Party A delivers the commercial house as agreed in this contract to the date when Party A returns the payment made by Party B. In addition, Party A shall pay liquidated damages to Party B., The payment method of liquidated damages is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
How to sign a model house purchase contract (5 selected articles) (2)? 1, the payment method must be clear. When drawing up a contract, you must clearly write down the payment time, the amount of each payment, the payment period and the payment method. The finer the agreement, the better.
? 2. The original facilities in the house must be written in detail. If the lessor thinks it is not too expensive, it doesn't matter if it is damaged. In order to avoid unnecessary disputes and contradictions caused by damage or loss of goods, it not only affects normal renting, but also hurts feelings.
? 3. All expenses incurred after the lease of the house must be clearly agreed, and whoever bears each item must be clearly written, otherwise it will affect normal life.
? This question is very important. When renting a house, the ID numbers (mainly ID cards) of both parties must be clearly written in the contract. If it is rented to a stranger, be sure to check the authenticity of the certificate. As we all know, the contact information may change at any time, but the ID card cannot be changed unless he gives you a fake ID card. Mark the ID number, mainly just in case.
How to sign a model house purchase contract (select 5 articles) (Article 3)? 1. Check whether the lease procedures are complete and whether the lessor and lessee have the corresponding conditions. Proof of house property right is not a sufficient condition for legal rental. In order to apply for house lease certificate in accordance with relevant regulations, the lease contract must be registered before it can take effect. Review whether the leased object is qualified, that is, whether the lessor's house is allowed to be rented by laws and regulations. Review whether the house lease procedures are complete.
? When renting a house, sign a lease contract with the landlord, not with the second landlord. Sign a contract with the owner himself, and pay attention to choosing a formal contract. If it is subletting, it is necessary to photograph the contract between the original tenant and the landlord and leave a basis. If it is an intermediary to rent a house, it is necessary to ensure that the three parties are present, signed by the three parties and sealed by the intermediary.
? 3. When signing the contract, you must ask the landlord to show the original title certificate, add the title certificate or use the title certificate and the landlord's identity certificate. This can effectively distinguish whether the house is owned by the landlord, and then confirm whether the landlord has the right to rent the house; If you are handling the property right certificate, you should show the purchase contract signed with the original property right unit. When signing a contract through an intermediary, you should check the agency agreement between the intermediary and the landlord and pay attention to the agency time; If it is subletting, check the lease contract between the second landlord and the original owner, confirm that they have the right to sublease, and copy the original lease contract.
? When signing the contract, you should make a list of everything in the landlord's house and take photos to keep it. Check all kinds of internal facilities and objects in the rental house, check whether the waterways and circuits are aging, or whether their design can meet the use of high-power appliances, and whether the water pipes are unobstructed. And be sure to ask the lessor to settle the water, electricity, heating, gas (natural gas) and other expenses before renting the house to ensure that there are no extra bills outstanding. It is more convenient to refund the rent in this way, so as to avoid the landlord saying that something is missing or broken. Moreover, during the lease period, you can take away all the items you bought when you return the lease.
? When signing a house lease contract, you must read the detailed terms of the contract carefully, write clearly the rights and obligations of both parties, and never make an oral agreement, otherwise disputes will be troublesome in the future. Renting a house has gradually become a fashion, so everyone must be cautious and pay attention to details when choosing to rent a house.
How to sign a model house purchase contract (5 selected articles) (4)? At present, when signing commercial housing sales contracts, it is best to use the model text of commercial housing sales contracts formulated by the Ministry of Construction and the State Administration for Industry and Commerce. Because the model text is formulated by government agencies, it balances the rights and obligations of developers and buyers, and signing contracts with the model text is conducive to protecting the legitimate rights and interests of buyers. However, we must not think that everything will be fine after passing the model text. Even if the model text is used to sign the commercial housing sales contract, we should pay attention to the following issues when buying a house.
? 1, subscription question. In the current commercial housing transaction process, many developers require the buyers to sign the subscription book and pay the subscription money before signing the formal commercial housing sales contract with the buyers. There are two situations in which developers require buyers to sign subscription books: one is that the houses sold by developers are sold in the name of internal employee subscription without obtaining pre-sale permit, commonly known as internal subscription; Another situation is that the developer has obtained the pre-sale permit or sold the existing house, and the developer leaves the reserved house to the purchaser. In exchange, the buyer needs to sign the subscription book and pay a certain amount of subscription money. If the buyer doesn't want to buy the house within the specified time, he may not have the right to get back the subscription money he has paid.
? In the first case, the subscription book is legally invalid because both the Urban Real Estate Management Law and the Measures for the Administration of Commercial Housing Sales clearly stipulate that commercial housing shall not be pre-sold before obtaining the pre-sale permit, and according to Article 52 of the General Principles of Civil Law of China, contracts that violate the mandatory provisions of laws and administrative regulations are invalid. However, Article 2 of the Interpretation on Several Issues Concerning the Applicable Law in the Trial of Disputes over Commercial Housing Sales Contracts (hereinafter referred to as the Supreme Court Interpretation) promulgated by the Supreme People's Court on April 28th, 20xx and implemented on June 60th, 1 year stipulates that the pre-sale contract of commercial housing concluded between the seller and the buyer shall be deemed invalid, but if the seller obtains the pre-sale certificate of commercial housing before the prosecution, it may be deemed valid. According to the provisions of this article, the subscription book signed before obtaining the pre-sale permit will definitely be invalid if the developer fails to obtain the pre-sale permit before the purchaser sues; If the developer obtains the pre-sale permit before the buyer sues, the status of the subscription book will be the same as that of the developer obtaining the pre-sale permit or selling the existing house, that is, the subscription book in the second case to be discussed below is of the same nature.
? In the second case, the subscription book needs to see whether the subscription book meets the conditions for the establishment of the contract, mainly depending on whether the terms of the contract are complete. Article 5 of the Interpretation of the Supreme Law stipulates that the agreement on subscription, order and reservation of commercial housing has the main contents of the commercial housing sales contract stipulated in Article 16 of the Measures for the Administration of Commercial Housing Sales. If the seller accepts the purchase price according to the agreement, the agreement shall be deemed as a commercial housing sales contract, and it will definitely have legal effect. However, in practice, most subscription books do not have the main contents of the commercial housing sales contract stipulated in Article 16 of the Measures for the Administration of Commercial Housing Sales, and the interpretation of the Supreme Court does not clearly stipulate the legal effect of these subscription books. In my opinion, the subscription book that does not have the main contents of the commercial housing sales contract stipulated in Article 16 of the Measures for the Administration of Commercial Housing Sales cannot be inferred according to the provisions of Article 5 of the Supreme Court's interpretation, and it is bound to have no legal effect. However, if the subscription book only stipulates the terms such as room number, area and price, then the subscription book does not conform to the basic terms of the contract and has no legal effect.
? 2. Supplementary agreement. In the process of buying and selling commercial housing, the developer not only signs a commercial housing purchase contract with the buyer according to the model text, but also requires the buyer to sign a supplementary agreement, which has many contents and is drawn up by the developer's professional lawyer in advance. This kind of supplementary agreement often contains many unfavorable clauses for buyers, such as the determination of delivery time, the interpretation of force majeure clauses, the determination and allocation of * * * area, the development and utilization of infrastructure and supporting buildings, and even many exemption clauses for developers. For example, some developers agreed in the supplementary agreement: "If the delay in the approval of relevant documents by government departments and the delay in the approval and installation of municipal facilities causes the developer to fail to deliver the house on time, the developer has the right to postpone the delivery of the house according to the actual time, and does not have to bear the responsibility of delaying the delivery of the house." Because most of the supplementary agreements contain technical terms such as construction, real estate and law, it is difficult for ordinary property buyers to fully understand them. Therefore, property buyers should not rush to sign a supplementary agreement with the developer, first get the supplementary agreement back, consult experts, find out the unreasonable places in the supplementary agreement and modify it. At the same time, because the supplementary agreement was drawn up by the developer, there are few provisions to protect the buyers. Therefore, under the guidance of experts, clauses to protect the buyer should be added to the supplementary agreement. If the developer cannot meet the reasonable requirements of the purchaser, then the purchaser had better not sign a supplementary agreement with the developer.
? 3. sell advertisements. In order to promote their own commercial housing, developers usually issue sales brochures, publish commercial housing sales advertisements and make many promises. From a legal point of view, sales brochures, advertisements, etc. It is the text and pictures that developers distribute to unspecified objects to introduce their commercial housing, mainly to beautify the image and advantages of commercial housing, far from the basic terms of commercial housing sales contracts. This kind of advertisement is generally regarded as an invitation to offer in law and cannot directly become the content of the contract. For the developer's false advertising behavior, although the buyer can't ask the developer to bear the responsibility for breach of contract according to the contract, he can ask the developer to bear the responsibility for publishing false advertisements. According to the provisions of Articles 37 and 38 of the Advertising Law, those who publish false advertisements to deceive and mislead consumers and damage the legitimate rights and interests of consumers who buy goods or receive services shall bear civil liabilities in addition to administrative violations. Therefore, if buyers find themselves deceived and misled by false sales brochures or advertisements, they should promptly report to the relevant administrative organs of the government, apply for investigation, or appeal to the people's court to demand compensation from the responsible party.
? At the same time, the Interim Provisions on Commercial Housing Advertising issued by the State Administration for Industry and Commerce also stipulates the principles, matters and prohibited contents of real estate advertising, and buyers can also consult sales advertisements according to the interim provisions.
? However, in order to avoid unnecessary troubles, it is best for the purchaser to ask the developer to write the content of the advertisement promise into the agreement between the two parties when signing the contract, so as to make it a part of the contract content, so as to sue the developer for breach of contract under the condition that the advertisement is not worthy of the name.
? 4. Model housing problem. At present, in the process of commercial housing sales, developers should set up model houses or model rooms. The buyer found that there was a gap between the house and the model house after moving in. When property buyers request to return a house, the developer thinks that the model house is not a "model house" or a "model house", and the purpose of setting it is to promote commercial housing. When there is no agreement in the purchase contract that the commercial house is inconsistent with the model house, the purchaser has the right to return a house, so the purchaser has no right to request return a house. That was not the case. Article 3 1 of the Measures for the Administration of Commercial Housing Sales clearly stipulates that when a developer establishes a model house, it shall state whether the quality, equipment and decoration of the actually delivered commercial house are consistent with the model house. Without explanation, the actual delivery of commercial housing should be consistent with the model housing. If the developer fails to explain, causing the purchaser to conclude a contract for the sale of commercial housing due to gross misunderstanding, the purchaser may request the people's court or an arbitration institution to change or terminate the purchase contract according to the provisions of the Civil Code on gross misunderstanding (the purchaser can choose to change or terminate the purchase contract).
? 5. Quality problems. Some property buyers believe that the commercial house has passed the completion acceptance organized by the competent government department after completion, and can only be delivered after passing the acceptance, so there should be no quality problems in the commercial house. Moreover, according to relevant laws and regulations, when delivering commercial housing, developers should also deliver the "Residential Quality Guarantee" and "Residential Instruction Manual" to buyers. These two books have stipulated the details of the quality of commercial housing, which is an important part of the purchase contract, so there is no need to stipulate the quality of commercial housing in the contract. But this is not the case.
? The completion and acceptance of commercial housing takes the form of spot check, which can not guarantee the quality of each commercial housing. Moreover, there may be a gap between the quality standards of completion acceptance and the quality requirements that buyers want. As for the provisions on housing quality in the Housing Quality Guarantee and the Housing Instruction Manual, both of them were drawn up by the developers, focusing on protecting the interests of the developers, so it is necessary to stipulate the housing quality in the purchase contract.
? According to the provisions of Articles 12 and 13 of the Interpretation of the Supreme Court, the purchaser has the right to demand the termination of the contract and claim compensation for the losses caused by the quality of the house under the following circumstances: the main structure of the house is unqualified and cannot be delivered for use; After the house is delivered for use, the quality of the main structure of the house is really unqualified after inspection; Due to housing quality problems, normal living and use are seriously affected. Article 13 1 of the interpretation of the Supreme Law stipulates that the house delivered for use has quality problems, and the seller shall bear the maintenance responsibility during the warranty period; If the seller refuses to repair or delays the repair within a reasonable period of time, the buyer may repair it by himself or entrust others to repair it. The repair costs and other losses caused during the repair period shall be borne by the seller.
? In short, when signing a commercial housing sales contract, don't worry, consult as many professionals as possible, so as to sign a commercial housing sales contract with equal rights and obligations.
How to sign a model house purchase contract (5 selected articles) (5 articles)? The use of the new model text of commercial housing sales contract has made the rights and interests of buyers more protected. Many readers wrote to ask how to fill in the new contract.
? A few days ago, the Housing and Real Estate Department of the Ministry of Construction and the Policy and Regulation Department jointly interpreted how to fill in the new model contract text item by item. This edition extracts a part, hoping to help buyers when signing a contract. -Edit
? Article 5 Area Confirmation and Area Difference Treatment
? Note: It is agreed in this article to confirm the area of commercial housing priced according to the construction area or interior construction area and deal with the area difference.
? According to the pricing method selected by the parties, this article stipulates that the area shall be confirmed and the area difference shall be handled on the basis of "construction area" and "interior construction area" (both referred to in this article).
? Note: This paragraph is the basis for determining the treatment area difference. In order to be comparable, the treatment of area difference must correspond to the valuation method, that is, if the valuation is based on the construction area, the confirmation of area and the treatment of area difference should be based on the number of construction areas confirmed at the time of property right registration; If the valuation is based on the interior construction area, the area shall be confirmed and the area difference shall be handled on the basis of the number of interior construction areas confirmed at the time of property right registration.
? If the parties choose to set the price, this article does not apply.
? Note: When the parties choose to price by suite, the whole commercial house is the pricing unit, which does not involve unilateral construction area or interior construction area, so there is no way to deal with the area difference. The Sales Measures (Order No.88 of the Ministry of Construction) issued in April 20xx clearly stipulates how to determine the total price in the unit-based commercial housing contract, which can provide a basis for both parties.
? This method stipulates that the parties can directly agree on the total price in the contract after on-the-spot investigation of existing houses priced by sets (units).
? For the pre-sale houses priced by units, the real estate development enterprise shall attach the plan of the houses sold in the contract. The plan should indicate the detailed dimensions and specify the error range. When handing over the house, the apartment type is consistent with the design drawings, and the relevant dimensions are also within the agreed error range to maintain the total price unchanged; If the apartment type is inconsistent with the design drawings or the relevant dimensions are out of the agreed error range, and the treatment method is not stipulated in the contract, the buyer may return the house or re-agree the total price with the real estate development enterprise. If the buyer cancels the house purchase, the real estate development enterprise shall be liable for breach of contract.
? Therefore, the parties who adopt the pricing by set shall make special agreements on the relevant price and the relevant liability for breach of contract.
? If there is any difference between the area agreed in the contract and the registered area of property rights, the registered area of property rights shall prevail.
? Note: The registered area of property rights in this article refers to the housing area confirmed and registered by the real estate administrative department, which is the final area of commercial housing and the final basis for determining the price according to the area.
? After the delivery of the commercial house, if there is any difference between the registered area of the property right and the area agreed in the contract, both parties agree to deal with it in the first way:
? Note: This paragraph requires both parties to reach an agreement on the error handling method. In order to embody the principle of voluntariness of both parties to the contract, the first agreement is made by both parties themselves. Considering that the buyer is in a weak position in the sale of commercial housing, in order to remind the buyer, this model text clearly writes the second way of agreement, and the parties can make an agreement by themselves with reference to the second way of expression, or directly agree to adopt the second way.
? It should be noted that in order to fully protect the interests of the buyer and solve the area disputes in the current commercial housing sales, Article 20 of the Sales Measures clearly stipulates that if the price is calculated according to the interior construction area or the construction area, the parties shall stipulate in the contract the way to deal with the error between the contracted area and the property registration area.
? If there is no agreement in the contract, it shall be handled according to the following principles:
? (1) If the absolute value of the area error ratio is within 3% (including 3%), the house price shall be settled according to the facts;
? (2) When the absolute value of the area error ratio exceeds 3%, the buyer has the right to return the house. If the buyer cancels the house purchase, the real estate development enterprise shall return the paid house price to the buyer within 30 days upon the buyer's cancellation, and pay the interest on the paid house price at the same time. If the Buyer refuses to return the house, and the registered area of property rights is larger than the area agreed in the contract, the house price with the area error ratio within 3% (including 3%) shall be made up by the Buyer; More than 3% of the house price is borne by the real estate development enterprise, and the property right belongs to the buyer. When the registered area of property rights is less than the area agreed in the contract, the house price of the part with the absolute value of the area error ratio within 3% (including 3%) shall be returned to the buyer by the real estate development enterprise; The absolute value of the house price exceeding 3% shall be returned to the buyer by the real estate development enterprise twice.
? The second treatment in this article is basically the concrete embodiment of the provisions of Article 20 of the Sales Measures.
? 1. Both parties agree by themselves:
? ( 1)_________________; (2)________; (3)__________; (4)________。
? 2. Both parties agree to handle it according to the following principles:
? The (1) area error ratio is absolute.