商品房买卖合同英文模板
西方哲学论文-巴西和中国的时差
商品房买卖合同英文模板
Property Sale and
Purchase Contract
(房屋买卖合同)
or this
This Sale and Purchase Contract
(the “Sale Contract”
Contract”) is entered
into this ____ day of May, 2006:
BY AND
BETWEEN
The Seller:
Legal Representative:
Wang Xialin
Address:
Tel:
Buyer:
Passport No.:
Address:
Tel:
Each
of Seller and Buyer is individually referred to
“
herein as a “Party” and
collectively referred to herein as the
“Parties”。
RECITALS
WHEREAS,
Seller is the owner of the property of 14D,
Building 3, Park View Tower; Seller desires to
sell to Buyer,
and Buyer desires to acquire
from Seller, the entire ownership
of the
property and its associated granted land use right
(the
“Property”, as defined more specifically
in Article 2 of this
Sale Contract);
NOW, THEREFORE, after friendly negotiations and in
consideration of the Property and the mutual
covenants contained
herein, the Parties hereby
agree as follows:
Article I Representations,
Warranties and Covenants
1.1 Seller hereby
represents and warrants that Seller
is the
duly registered owner of the Property and
possesses the
complete beneficiary ownership
rights to the Property. The
Property is free
from any encumbrance, including but not limited
to mortgages and any other third party‘s
interest andor other
debt disputes.
1.2 Seller shall transfer the
Property and its title
deeds to Buyer in
accordance with the terms of this Contract.
Article II The Property
1.1 The Property is
located at
___________________________________, Beijing.
The Property
Ownership Certificate No.:
__________________, the Gross Floor
Area of
the Property is ______________ square meters. The
Land
Use Right Certificate No.:
________________, the Land Use Right
Area is
__________square meters with an expiration date of
___________.
Article III Purchase Price
Seller agrees to sell to Buyer, and Buyer
agrees to
purchase from Seller the Property at
an aggregate price of RMB
______________
(“Purchase Price”)
Article IV Payment Method
and Title Transfer Procedure
1.1 Any payment
of the Purchase Price under this
Contract
shall be made in RMB by Buyer in accordance with
this
Contract. Any bank fees or charges
incurred due to the payment
should be borne by
Buyer; any bank fees or charges incurred due
to the receipt of the payment imposed
by the Seller‘s Bank should
be borne by
Seller. Seller’s designated Bank Account is
described below:
Bank name:
Account name:
Account No: 204009978
1.2 Both Seller and Buyer appoint and fully
authorize
XXXX Law Firm (the “Lawyer”) to
apply for the transfer of the
title deeds of
the Property and pay relevant taxes and fees and
to take any other action and sign any document
necessary to
complete the above transfers
promptly.
1.3 Within three (3) working days
after the execution
of this Contract, Buyer
shall pay to Seller, as an advance
payment,
fifty percent (50%) of the Purchase Price, i.e.
RMB
____________ (the “Advance Payment”)
1.4 Buyer shall pay, as the remaining payment, the
other fifty percent (50%) of the Purchase
Price, i.e. RMB
___________ (the “Remaining
Payment”), by applying for the
second hand
property mortgage loan from the Bank (the “Bank”)
The Bank sould directly pay all
mortgage loan to Seller‘s bank
account as
described above.
1.4.1 Within ten (10)
working days after the execution
of this
Contract, Buyer shall sign the mortgage loan
agreement
and other relevant documents with
the Bank, and get approval
from the bank with
respect to the mortgage loan application for
the Remaining Payment. Buyer shall hand over
the photocopies of
the above-mentioned
documents to the Lawyer.
1.4.2 Within ten
(10) working days after the execution
of this
Contract, both Parties and the Bank shall sign a
tri-party agreement (the “Tri-party
Agreement”) in which the
Bank agrees to
release the loan (equivalent to the Remaining
Payment) to Seller‘s account directly. Buyer
shall hand over
the photocopy of the Tri-party
Agreement to the Lawyer.
1.4.3 After Seller
confirms the receipt of the Advance
Payment,
and upon receipt by the Lawyer of all of the
documents
and taxes and fees from both Parties
as described in Article 6
and Article 7 of
this Contract, and within three (3) working
days after the documents mentioned in Article
4.4 above are
provided to the Lawyer, Lawyer
shall submit the transfer
application (with
all necessary supporting documents) of the
Property Ownership Certificate to
Beijing Construction
Committee Real Estate
Exchange Center (the “Center”) Within
three
(3) working days after the transfer of the
Property
Ownership Certificate is completed,
Lawyer shall submit the
transfer application
(with all necessary supporting documents)
of
the Land Use Right Certificate to Beijing Land &
Resource
Bureau.
1.4.4 After the
Property Ownership Certificate and the
Land
Use Right Certificate are transferred to Buyer,
and after
Lawyer receives all the original
certificates, Lawyer shall
provide to the Bank
with these certificates in accordance with
the
terms of the Tri-party Agreement. The bank, who
will apply
for the mortgage registration of
the Property, shall release
the loan
(Remaining Payment) directly to Seller once the
mortgage registration is completed.
1.4.5 In case that the Bank has not approved the
drawdown
of the loan or the loan paid to
Seller is less than the Remaining
Payment
within two (2) months after Lawyer provides the
Property Ownership Certificate and the Land
Use Right
Certificate to the Bank, Buyer
agrees to make full payment of
the Remaining
Payment within five (5) working days after the
above-mentioned two (2) months period
expires.
Article V Taxes and fees
Except as otherwise provided therein, each Party
shall
be responsible for and shall pay all
taxes and fees resulting
from or payable in
connection with the transactions contemplated
in this Contract as are imposed upon such
Party by PRC Law.
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