Model of deposit contract for second-hand housing purchase
Party A (Seller):
Party B (pre-buyer):
Article 1 the subject matter of transfer
The real estate transferred by the Seller (hereinafter referred to as real estate) is located at:? ______。 Is it a multi-storey building (* * * building, the building is the first floor)? , the registered building area is: _ _ _ _ _ _? Square meters. The interior construction area is _ _ _ _ square meters, subject to the property ownership certificate, and the error is not included. The seller holds the property ownership certificate, and the number of the property ownership certificate is _ _ _ _ _ _ _ _. The purpose of real estate is: _ _ _ _ _ _ _. ? The seller holds the definition card of affordable housing, the number of which is * * * * and the time of selling the house is * *, and the time of issuing the definition card is * * *.
The seller holds the Commodity House Purchase and Sales Contract with the contract number: * * *. After the signing of this contract, the seller must speed up the first-hand property ownership certificate in * * * * * to handle the transfer formalities.
The term of the land use right of the real estate starts from * * * *? **? Month * * day? To * * * * year * * *. Where is the property located? Completed in * * * year * *. At present, the property management company of this building is _ _ _ _ _ _ _, and the property management service fee is RMB (in words) _ _ _ _ _ yuan per square meter of construction area per month (in figures:? _ _ _ yuan).
Article 2 Status quo of real estate property rights
The real estate has not been mortgaged or sealed up, and the seller has full right to dispose of the real estate. If Party B refuses to sign the house sales contract because Party A did not inform Party B of the fact that it has been leased or sealed up before signing this contract, and the owner of the house does not agree to the sale, Party A shall double the deposit paid by Party B. From the date when Party B pays the subscription deposit to the date when this subscription book is terminated, if Party A sells the commercial house to a third party, Party A shall double the deposit. The buyer confirms that the purchased house is in the current condition, and the buyer has seen the interior of the existing building, and shall not refuse the transaction, otherwise it shall be treated as breach of contract.
Article 3 Real estate subsidiary accounts.
The Seller promises to move out the account attached to the real estate within _ _ _ _ days after receiving the total transfer price of the real estate. In case of overdue, the Seller shall pay the Buyer the liquidated damages of _ _ _ _ _ _ per day according to the total transfer price of the real estate.
Article 4 Transfer price
The total transfer price of the real estate is RMB: (in words) _ _ _ _ _ (RMB? Write: _ _ yuan). The transfer price does not include tax.
Article 5 Trading margin
The down payment for real estate transaction is RMB (in words) _ _ _ _ _ _ (in figures:? _ _ _ yuan). The Buyer agrees to pay in the following ways: pay the down payment to the Seller when signing the Contract: (in words) _ _ _ _ _? Yuan (in figures: _ _ yuan). When both parties sign this contract, the buyer must pay it to the seller in one lump sum, and the seller shall issue the corresponding receipt. Within _ _ _ _ days after the signing of this contract, The balance of down payment shall be paid to the seller: (in words) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The buyer shall deposit the deposit into the supervision account within the time limit agreed in the contract, and it shall be deemed that the seller has received it. Unless otherwise agreed, when the buyer and the seller handle the transfer formalities, the deposit will be automatically converted into the house payment.
Article 6? Pay a deposit
In order to prevent transaction risks and urge the seller to deliver the property as agreed and settle all expenses, the buyer and the seller agree to keep RMB (in words) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ As a security deposit (not exceeding _ _% of the total transaction price). This paragraph shall be settled when the seller actually delivers the real estate and completes the registration of property right transfer. The handling method of house delivery deposit is as follows _ _ _ _ _:? 1. Entrust to the intermediary for custody; ? 2. Others: _ _ _ _ _ _.
Article 7? Payment type/method
Unless otherwise agreed, the money paid by the buyer (including deposit and purchase price)? It is suggested that banks entrust a third party to supervise funds. The Buyer shall pay the house price except the down payment and the house delivery deposit in the following ways: _ _ _ _ _ _ _ _ _ _: (in words) _ _ _ _ Yuan (in figures:? _ _ _ yuan). ? 1. One-time payment The buyer shall pay the above house price to? ? ? Before _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _? The third-party supervision account of the bank agreed by the buyer and the seller. 2. The buyer pays the mortgage to the bank (1). The Buyer shall pay the remaining down payment except the down payment and the house delivery deposit to the bank's third-party supervision account agreed by the Buyer and the Seller before _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. ? (2) The buyer shall submit the relevant materials of mortgage loan application to the bank before _ _ _ _ _ _ _ _? (3) If the loan promised by the bank is insufficient to pay the balance of the house payment, both parties agree to adopt the following option: 1. The buyer shall make up the loan within _ _ _ _ days from the date when the bank issues the loan commitment letter? Payment due. 2. if the contract is terminated, the seller shall return all the house payment within _ _ _ _ days from the date of termination of the contract? Refund all the money paid by the buyer, such as _ _ _ _ _ _. ? 3. Other payment methods agreed by the Buyer and the Seller:? ____________。 ? It is suggested that the buyer pay the above money to the bank's third-party supervision account agreed by the buyer and the seller.
Article 8? The buyer's liability for breach of contract for overdue payment
The buyer's payment is overdue (due to bank loan? Except), the seller has the right to ask the buyer to press the following options (only one of them can be selected)? The way to bear the liability for breach of contract: 1. The Buyer is required to pay liquidated damages at the rate of four ten thousandths of the unpaid amount per day and continue to perform the contract. 2. Have the right to terminate the contract and require the buyer to pay _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 9? Tax and fee commitment
According to relevant regulations, the seller has to pay taxes: (1) business tax; (2) Urban maintenance and construction tax; (3) education surcharge; (4) stamp duty; (5) personal income tax; (6) Land value-added tax; (seven) real estate transaction service fees; (8) Land use fee. (9) Pay short-term loan interest in advance; (10) Penalty interest for prepayment. Taxes payable by the buyer: (1 1) stamp duty; (12) deed tax; (13) Property registration fee; (14) real estate transaction service fee; (15) decal of Real Estate Certificate; (16) mortgage registration fee; (17) notarization fee for loan (mortgage) contract; (18) Authorized notarization fee. ? Other expenses: (19) title investigation fee; (20) Notary fees for real estate sales contracts; (2 1) evaluation fee; (22) Attorney's fees; (23) Insurance premium; (24) Others (subject to actual taxes and fees). Through negotiation by both parties, of which: _ _ _ _ _ _? The above expenses shall be paid by the seller. ? The above expenses shall be paid by the buyer. New taxes and fees arising from laws, regulations and policies during the performance of this contract shall be handled according to the following method: 1. Taxes and fees shall be paid by the payers prescribed by laws, regulations and policies. 2. The buyer and the seller agree that Party A will pay for the goods ... 3. Others: Buyer will pay: _ _ _ _ _ _% Seller's payment method: _ _ _ _ _% After negotiation between the buyer and the seller, if the actual taxpayer of the above taxes payable by the seller and/or the buyer changes, the legal liability will not be transferred due to the change of the taxpayer. If either party fails to pay the relevant taxes and fees according to this Agreement or the provisions of laws and policies, and the transaction cannot be continued, it shall pay _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 10? Real estate delivery
The seller shall deliver the real estate to the buyer on? 2. As an accessory of real estate, of which _ _ _ _ _? Delivered to the buyer together. 3. The key to delivery of real estate; ? 4._______________;
Article 11? Both sides agreed.
1. After the signing of this contract, neither party shall breach the contract. If the seller breaches the contract, the buyer has the right to terminate the contract unilaterally, and the seller shall return double the house payment paid by the buyer as liquidated damages. On the other hand, if the buyer breaches the contract and the paid house price will not be refunded, the seller has the right to terminate the contract and sell the property to a third party. 2. The seller guarantees that there are no property rights disputes, financial disputes or other rights restrictions in the above real estate. If there are any disputes or rights obstacles before the sale, the seller shall be responsible for handling them and bear corresponding legal responsibilities, and the seller shall be responsible for compensating the economic losses caused to the buyer. The seller must ensure that there are no criminal incidents and murders in the property. In case of concealing the facts, the seller shall refund unconditionally and compensate the buyer for the losses.
Article 12? Liability for breach of contract for delayed delivery
Unless otherwise agreed in this contract, if the seller fails to deliver the real estate to the buyer within the time limit agreed in this contract, the seller shall pay the buyer a penalty of 0.4 ‰ of the total transfer price of the real estate from the day after the agreed delivery period expires to the actual delivery date, and the contract will continue to be performed.
Article 13 Disposal of Mortgage Debt
When did the seller deliver the real estate (before _ _ _ _ _ _ _ _ _ _)? , should be accompanied by water, electricity, gas, telephone, cable TV, property management services, garbage cleaning fees, _ _ _ _ and other expenses, and submit the documents to the buyer for confirmation, and ensure that the buyer does not need to pay any related property expenses before the purchase, otherwise the buyer has the right to deduct the above arrears from the delivery deposit.
Article 14 Registration of property right transfer
The Buyer and the Seller shall apply to the real estate ownership registration authority for transfer registration within _ _ _ _ _ days after the signing of this Contract. The Buyer and the Seller shall go through the tax payment formalities within _ _ _ days from the expiration of the reply date indicated on the receipt. The real estate license shall be collected by the buyer. If the buyer has the mortgage obligation, it shall go through the mortgage registration formalities within _ _ _ working days after the buyer receives the new real estate license.
Article 15 Other liabilities for breach of contract
If either party fails to fulfill the obligations agreed in this contract, thus the purpose of this contract cannot be achieved, the observant party has the right to choose the penalty of deposit or demand the other party to pay _ _ _ _ _ _% of the total price of the real estate as liquidated damages.
Article 16 Force Majeure
If the contract cannot be performed due to force majeure, the liability shall be exempted in part or in whole according to the influence of force majeure, unless otherwise stipulated by law. If one party fails to perform the contract as agreed due to force majeure, it shall promptly notify the other party and provide proof to the other party within days after the end of the force majeure.
Article 17? Conflict resolution between this contract and other documents.
If the commitments and agreements made by the buyer and the seller before the signing of this contract are inconsistent, this contract shall prevail.
Article 18? Annex to the contract
There are * * * annexes to this contract. The annexes to this contract are an integral part of this contract and have the same legal effect.
Article 19 Law Application and Dispute Resolution
Any dispute arising from this contract shall be settled by the buyer and the seller through consultation. In case negotiation fails, the following option shall be adopted according to the laws of People's Republic of China (PRC): 1. Apply to Luoyang Arbitration Commission for arbitration; ? 2. Bring a lawsuit to the people's court.
Article 20? Contract quantity and holdings
This contract is in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ In case of any inconsistency with this contract, this contract shall prevail.
Article 21? transmit
The mailing address confirmed by the parties is the service address. The communication between the Buyer and the Seller shall be based on the above telephone number, address and fax number. The buyer must guarantee the authenticity of the above information provided by him. If the seller cannot contact the other party by telephone, address, fax, etc. , the buyer shall bear the relevant responsibilities arising therefrom. If there is any change in the communication mode of the buyer, it shall notify the seller in writing within two days after the change, otherwise the consequences arising therefrom shall be borne by the buyer. On the contrary, if the communication mode of the seller needs to be changed, it shall notify the buyer in writing within two days, otherwise, the consequences arising therefrom shall be borne by the seller.
Article 22: Validity of Contract This agreement is made in duplicate, with each party holding one copy. This contract shall come into force as of the date of signature (seal) by both parties.
Seller (signature): _ _? Id number:? Address? ：
Buyer (signature): _ _? Id number:? Address:
Seller's agent (signature):? _ _ _ _ ID number:? Address? ：
Buyer's agent (signature):? ______? Id number:? Address:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
This website or other websites also have many model contracts for second-hand housing purchase deposits, and the content is similar. The signing of the second-hand housing purchase deposit contract conforms to the basic principle of equality and voluntariness of both parties. When signing the second-hand housing purchase deposit contract, we must ensure that the contents filled in the contract are true and the amount of the deposit must be clearly written. In addition to the second-hand housing purchase deposit contract, the second-hand housing transaction also needs to sign the second-hand housing sales contract and other documents.
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