海门中学-国防生招生

Brokerage contract of property transaction
Party A (Seller):

Party B (Buyer):

Party C (Agent):

Pursuant to , < Urban Real Estate
Management Laws of the People's Republic of China > and other relevant laws, and
regulations of the People’s Republic of China relevant rules, Party A and Party B entrust
Party C to act as their agent for the sales between Party A and Party B and bear testimony
to the afore-said transaction in principle of voluntary, fairness and honesty. Through
friendly negotiation, Party A, Party B and Party C hereby agree to enter into this
Agreement and abide by it jointly.

1. Property information

Party A agrees to sell the property to Party B. The property is qualified for sale in the
market in accordance with the regulation of Qingdao Municipal Construction Committee.
Together with the sales of the property, the allocated land area for the property and the
usable term of the land is transferred to Party B jointly. The property is described as:
ID:
ID:

1.1 The property located on < br>_______________________________________________ _________________;
___________________________ _______________________________________________________________;

1.2 Construction area: ______________m2; Usable floor space: __________________ m2
(optional);
Architecture: ________________________, purpose:
__________________________________________;

1.3 Serial no. of the title certificate of the property is:
________________________________________;

1.4 Together with the title of the property, facilities and interior decorations to be
transferred are as described in Appendix;

1.5 Party A shall guarantee that it has completely disclosed the facts about the property,
including but not limited to the title, decoration and relevant information; Party B has fully
understood the facts and agrees to buy the property voluntarily.

1.6 Co-owners (refer to more than one person, legal person or organization, who own the

title of the property together) of the property and intention for the sale


2. Sales price and terms of payment

2.1 Party A and Party B agree that the sales price of the property be RMB______;
The price includes: [price of the property], [public maintenance fund], [permanent interior
decoration], [air-conditioners] and others.

2.2 Terms of Payment
Party B shall make the payment in accordance with ________ as follow:

2.2.1 Cash
Upon signing of this Agreement, Party B shall pay 10% of the price (say
RMB________) as the deposit. This payment shall be made in accordance with ______as
follow:
a).Paid to Party A in full and Party A shall issue an invoice;
b).Deposited temporarily to the escrow account of Part C, this deposit will be released
only when the title transfer from Party A to Party B is completed and the property
handover has been concluded, and the deposit will be released together with the
remaining payment to Party A. To do this, Party A and Party B need to sign a separate
Escrow Agreement with Part C.

Payment method of the remaining amount
Party A and Party B hereby agree that, for the afore-said method (b), once the escrow
fund is deposited in the escrow account of Part C, it is deemed that Party B has performed
its payment obligation of deposit and the sales price.

2.2.1 Mortgage
Upon signing of this Agreement, Party B shall pay ______% of the price (say
RMB________) as the deposit, which will be part of the down payment.
Within ____ days after signing of this Agreement, Party B shall make up the rest part
of the down payment (the down payment shall be no less than % of the price in
accordance with mortgage bank’s requirement).
Through the negotiation, Party B agrees to make the afore-said payment in
______way as follow:


a).Paid in full amount to Party A and Party A shall issue an invoice;
b).Deposited temporarily into the escrow account of Part C. This deposit will be
released only when the title transfer from Party A to Party B is completed and the property
handover has been concluded, and the deposit will be released together with the
remaining payment to Party A. To do this, Party A and Party B need to sign a separate
Escrow Agreement with Part C.

Party A and Party B hereby agree that, for the afore-said method (b), once the escrow
fund is deposited in the escrow account of Part C, it is deemed that Party B has performed

its payment obligation of deposit and the down payment.

If Party B makes the remaining payment with bank mortgage, Party B shall sign a
separate Entrusted Payment Authorization with Part C for its mortgage services.

1） If Party B satisfies the criteria of getting the mortgage loan through the examination of
the lending bank, the lending bank shall remit the loan in lump sum to the special
settlement account opened by Party A at the bank in accordance with the Entrusted
Payment Authorization.

2) In case Party B does not satisfy the criteria of getting the loan through the
examination of the lending bank, Party B will choose _______of the following methods as
the solution:

A. Within ______ days after the bank decides not to provide the loan, Party B shall raise
the remaining payment by himself and pay in cash to Party A. Party B shall bear all the
expenses occurred during this period;

B. Terminate this Agreement, and Party A and Party B shall refund the money which
have been paid to each other. Party B shall bear all the expenses occurred during this
period.

3. Taxes and fees

3.1 Party A and Party B shall pay all the taxes and fees respectively in accordance with
relevant regulations of the state and local governments. Party C shall assist Party A and
Party B to calculate relevant taxes and fees. Through negotiation, Party A and Party B
agree to bear the taxes and fees as follows:

For any taxes or fees unspecified, unclear, or changed with the policy, Party A and
Party B shall reach a consensus day before the title transfer, or Party A and Party B shall
make the payment in accordance with the government regulation.

Fees including but not limited to property management fee, utility fees for water,
electricity, gas, telephone and others before the handover of the property is concluded
shall be born by Party A. And the fees after shall be born by Party B.

3.2 Party A and Party B may entrust Party C to pay the aforesaid taxes and fees and
Party C shall transfer the payment proof, receipts and invoices issued by relevant
government to the parties that make the payment.

3.3 Commission and terms of payment
Party A and Party B agree to pay Party C the commission for providing the agency
services in accordance with of the following payment methods:

3.3.1 Born by one party. Party shall pay __________ % of the property price (say
RMB___________) to Party C upon signing of this Agreement;

3.3.1 Shared by two parties. Party A shall pay ___________ % of the property price
(say RMB___________), and Party B shall pay __________ % of the property price (say
RMB__________) to Party C upon signing of the agreement.
The afore-said commission shall not be refunded by Party C to any party if this agreement
failed to be performed due to default of either Party A or Party B once this Agreement is
entered by the three parties.

4. Title transfer agency services

Party A and Party B shall prepare the certificates and materials for title transfer and
Party C shall provide chargeable title transfer services for Party A and Party B with fees.
The service fee for title transfer agency services is RMB_____________. The fee shall be
paid by Party __________ to Party C upon signing of this Agreement (or, Party A pay
RMB and Party B pay RMB to Party C).

5. Handover of the property

5.1. Party A and Party B agree that Party A shall vacate the property days before the

title transfer. Party C shall assist Party A and Party B with the handover of the property. In
case Party A and Party B agree to conduct handover of the property after the title transfer,
Party A shall pay Party C a deposit in the amount of RMB ____________________ and this
amount will be refunded to Party B after the handover of the property is completed.

5.2 Party A shall promise to compensate Party B for the damage to or the dismantling of
the decorations and accessories covered by Appendix I of the agreement from the signing
of the agreement to the handover of the property in accordance with the evaluation of the
damaged or dismantled decorations and accessories.

5.3 Party A shall bear the property management fee and other relevant fees before the
handover of the property and the aforesaid fees shall be paid by Party B after the
handover of the property.

5.4 Party A and Party B agree to conduct the title transfer ________ days after signing of
this Agreement taking title certificate and relevant material. Party C will inform the specific
date. Party ____ shall pay the taxes and fees for title transfer in accordance with the
government regulations.

6. Rights and obligations of Party A

6.1 Rights of Party A

6.1.1

6.1.2 Party A shall have the right to get deposit and property sales price as stipulated
Party A shall have the right to check Party B’s identification.
in the Agreement.

6.1.3

6.2 Duties of Party A

6.2.1 Party A shall provide Party B with true, completed and valid information about the
Party A shall have the right of lawsuit upon Party B’s breach to this Agreement.
property;

6.2.2 Party A shall disclose to Party B the real facts about the property, including but
not limited to the rental, collateral, leakage and other defect of the property;

6.2.3
transfer;

6.2.4

6.2.5 Party A shall guarantee all the facilities and accessories of the property
Party A shall cooperate with Party B for title transfer in a timely manner;
Party A shall change its residence address at the property ______ days after title

described in Appendix I are in good condition upon the handover of the property;

6.2.6 Party A shall pay off all the fees related with the property before the handover of
the property.

7. Rights and obligations of Party B

7.1 Rights of Party B

7.1.1 Party B shall have the right to check all the material, contracts and certificate
about the property;

7.1.2

7.1.3

7.1.4

7.2 Obligations of Party B

7.2.1 Party B shall pay the deposit and sales price in accordance with the stipulation of
Party B shall have the right of lawsuit upon Party A’s breach to this Agreement.
Party B shall have the right to be informed of the facts about the property;
Party B shall have the right to inspect the property;
this Agreement;

7.2.2

7.2.3

8. Rights and obligations of Party C
8.1 Party C shall provide agency services for Party A and Party B for signing this
Agreement, providing the signing place, and bearing testimony of signing this Agreement;

8.2 Party C shall provide Party A and Party B related material, update them the
transaction process and assist them with property handover.

9. Breach of the Agreement by Party A

9.1 Party A shall refund doubled deposit to Party B in case the title of the property fails to
be transferred or the property fails to be handed over due to the false, uncompleted or
invalid certificates, contracts or material in relation with the property provided by Party A;

9.2 In case Party A fails to hand over the aforesaid property to Party B within the period
stipulated in the agreement, Party A and Party B agree to adopt of the following
solutions:

Party B shall provide true, completed and valid identification material.
Party B shall cooperate with Party A for title transfer in a timely manner;

9.2.1 Party A shall pay Party B ______% of the collected payment par day as the
default fine and the agreement shall continue to be effective.

9.2.2 In case the length of overdue period exceeds days and Party A has not handed
over the property or transfer the property title to Party B, Party B shall send a written
notice to Party A, and Party B shall have the right to terminate the agreement when Party
A still fails to handover the property or transfer the title days after Party B sends out the
written notice to Party A. In this case, Party A shall return double the deposit to Party B
and compensate Party B economic damage due to the default.

9.3 In case there occurs any damage on Party B as the result that Party A fails to disclose
to Party B the real facts about the property, including but not limited to the rental, collateral,
leakage and other defect of the property, Party A and Party B agree to adopt of the
following solutions:

9.3.1 Party A shall pay Party B ______% of the property sales price par day as the
default fine and the agreement shall continue to be effective.

9.3.2 Party A promises to recover the property to the condition satisfied by Party B
within days, and the agreement shall continue to be effective. Otherwise, Party B
reserves the right to terminate this Agreement and in this case, Party A shall return double
the deposit to Party B and compensate Party B economic damage due to the default.

9.3.3 Party B reserves the right to terminate this Agreement and in this case, Party A
shall return double the deposit to Party B and compensate Party B economic damage due
to the default.

9.4 Party A shall change the residence address within days and shall pay RMB to
Party B as the default fine.

9.5 In case Party A damages the facilities or accessories in the property intentionally or
negligently, Party A shall compensate Party B the actual price for the damage and pay
RMB _______________ as defaulting fine to Party B.

10. Breach of the Agreement by Party B

10.1 In case the title fails to be transferred due to the false, uncompleted or invalid
certificates or material provided by Party B, Party A reserves the right not to refund the
deposit to Party B.

10.2 In case Party B fails to make the payment or conduct title transfer process
following the timing as stipulated in this Agreement, Party A and Party B agree to
adopt as the solution:

10.2.1 Party B shall pay Party A ______% of the default payment par day as the default
fine and the agreement shall continue to be effective.

10.2.2 In case the overdue, Party A shall send a written notice to Party B, and Party A
shall have the right to terminate the agreement when Party B still fails to make the
payment or conduct title transfer process days after Party B receives the written notice
from Party A. In this case, Party A shall reserve the right not to refund the deposit to Party
B, and Party B shall compensate the economic damage to Party A due to the default.

11. Breach of the Agreement by Party C

11.1 Party C shall compensate the damage on Party A and Party B due to the false
information Party C provides in relation with this Agreement.

12. Validity of the agreement

12.1 The agreement shall take effect on the date when Party A, Party B and Party C
sign and affix seals to the agreement.

12.2 In case the content of the agreements reserved by Party A and Party B
disagrees, both Party A and Party B shall regard the agreement reserved by Party C as
the standard.

12.3 The agreement has four copies. Party A, Party B and Party C keep one each and
the fourth copy shall be kept by Part C. The four copies have equal binding effect.

13. Dispute settlement
In case disputes occur in the performance of the agreement, the three parties
shall solve the disputes through negotiation. In case negotiation fails, the three
parties agree to settle the disputes by the ______ method.

a) Submit the dispute to China International Economic and Trade Arbitration
Commission in Qingdao;
b) Any party may file a lawsuit at the court where the property is located.

14. The parties may sign a supplementary agreement to cover the unsettled issues in the
agreement.

15. Through negotiation, Party A, Party B and Party C agree that the supplementary
clauses or the supplementary agreement is an inalienable part of the agreement and has
equal effect under the preconditions that the supplementary agreement (clause) does not
violate relevant laws and regulations of the state and local governments.

16. In case the supplementary clauses disagree with the clauses of the agreement, the

supplementary clauses shall prevail.

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Party A (signature):

ID No.:

Address of Party A:

Date of signature:
----------------------------------- --------------------------------------------

Party B (signature):

ID No.:

Address of Party B:

Date of signature:
----------------------------------- --------------------------------------------

Agent:
Telephone:
Agent:
Telephone:

Party C (signature):

Address:

Date of signature:

Telephone: