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【第1份 】北京商品房买卖合同 (英文翻译版)
commercial housing sales contract
supervised and made by
beijing municipal bureau of land resources and
beijing housing administration bureau
instructions of commercial housing sales contract
1. this is a sample document， which can also be used for final signing. the purchaser shall carefully read the contents before concluding the contract. in case of disagreements on clauses or terminologies therein， consultation may be made to local competent authority of real estate development
2. the commercial house in the contract refers to the house built and sold by the real estate developer company.
3. party involved should sign the contract based on the principle of free will. both parties can carry out amendment， supplement and deletion to clauses in the contract. the printed words without alteration are treated as agreed by both parties.
4. for the selected options， handwriting is preferential.
5. for [ ] options， blank filling and other contents needed to be deleted or added in the contract， both parties should decide upon negotiation. [ ] please use √ to make a choice with regard to the practical conditions not happened or unlimited by the two parties， use × to denote deletion.
6. before signing， the seller is obligated to present license of presale of commercial housing and other related certificates and documentary evidence to the purchaser.
commercial housing sales contract
contracting parties：
the seller： beijing furan mansion co ltd.
registered address： beijing chao yang district wei zi keng
business license registered no.：qjzfz #013239
enterprise qualification certificate no.： cy-b-0789
legal representative： james morrison telephone no.：
postcode：
authorized agent：
address：
postcode： telephones no.：
authorized agency：
registered address： business license registered no.：
legal representative： telephone no.：
postcode：
the purchaser： robert ralph parks
【√self】【legal representative】name： xxxxxxx nationality： usa
【id card】【passport】【business license registered no.】【 】 710955008
address： j.p. morgan securities (asia pacific) limited charter house， 28 f 8 connaught road central， hk
postcode： telephone no.： (00852)28006001
【authorized agent】【 】name： nationality：
address：
postcode： telephone no.：
according to contract law of the people's republic of china， urban real estate management law of the people's republic of china， and other related rules and regulations， both the seller and the purchaser come to the following agreement on the commercial housing sales based on the principle of equality， free will， and negotiation：
serial no. ：0782518
commercial housing sales contract
supervised and made by
beijing municipal bureau of land resources and
beijing housing administration bureau
instructions of commercial housing sales contract
1. this is a sample document， which can also be used for final signing. the purchaser shall carefully read the contents before concluding the contract. in case of disagreements on clauses or terminologies therein， consultation may be made to local competent authority of real estate development
2. the commercial house in the contract refers to the house built and sold by the real estate developer company.
3. party involved should sign the contract based on the principle of free will. both parties can carry out amendment， supplement and deletion to clauses in the contract. the printed words without alteration are treated as agreed by both parties.
4. for the selected options， handwriting is preferential.
5. for [ ] options， blank filling and other contents needed to be deleted or added in the contract， both parties should decide upon negotiation. [ ] please use √ to make a choice with regard to the practical conditions not happened or unlimited by the two parties， use × to denote deletion.
6. before signing， the seller is obligated to present license of presale of commercial housing and other related certificates and documentary evidence to the purchaser.
commercial housing sales contract
contracting parties：
the seller： beijing furan mansion co ltd.
registered address： beijing chao yang district wei zi keng
business license registered no.：qjzfz #013239
enterprise qualification certificate no.： cy-b-0789
legal representative： james morrison telephone no.：
postcode：
authorized agent：
address：
postcode： telephones no.：
authorized agency：
registered address： business license registered no.：
legal representative： telephone no.：
postcode：
the purchaser： xxxxxxxxxxxxxxx
【√self】【legal representative】name： robert ralph parks nationality： usa
【id card】【passport】【business license registered no.】【 】 xxxxxxxxxx
address： cccccccccccccccc
postcode： telephone no.： xxxxxxxxxxxxxxx
【authorized agent】【 】name： nationality：
address：
postcode： telephone no.：
according to contract law of the people's republic of china， urban real estate management law of the people's republic of china， and other related rules and regulations， both the seller and the purchaser come to the following agreement on the commercial housing sales based on the principle of equality， free will， and negotiation：
㎡. planned zoning for the land is residential. the land right of usage term starts from march 3， 2003 through march 2， 2073.
upon approval， the seller constructs commercial houses on the aforementioned land. named
【√qualified name】【temporary name】 park avenue wan sheng homes .the construction project planning permit id is 2005-g(z)jz-0138 ， the construction permit number is 00(j)2004-1151 .
article two basis for sales of the commercial house
the commercial house bought by the purchaser is a【completed house】【√commercial house for advance purchase】。 commercial house advance sale permit id is jfsz (2004) no. 301 .
article three basic conditions of the commercial house bought by the purchaser
the commercial house bought by the purchaser (hereinafter abbreviated as the commercial house. floor plan is available in the appendix) is located in the project as stated in the first article of the contract， details as below：
【building】x 【floor】xx 【apartment】x
the commercial house is for residential use with shear wall structure ceiling height is 3.15 m. the apartment building (where commercial house is situated) has 31 floors above the ground and 2 floors underground.
the balcony of the commercial house is 【close】 【semi-close】。 working balcony is closed and view balcony is non-closed. (hand written)
the commercial house‘s construction area as【√stipulated in the contract】【reported in property ownership registration】is 218.06 square meters， among which the indoor construction area is 169.71 square meters， allocated common area from the building is 48.35 square meters. (please refer to appendix 2 for information about the constitution and allocation of construction areas for both common area and indoor construction area)
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article four pricing and payment
the seller and the purchaser agree to follow the commercial house pricing method # 1 of the following：
1. according to construction area. the unit price of the commercial house is (currency： rmb) 18，623.57 yuan per square meters， and the total payment amount is in rmb， three million one hundred and sixty thousand six hundred and five yuan only. (equivalent of $381，394 usd at historical exchange rate of june， 2003)
2. according to indoor construction area. the unit price of the commercial house is (currency： ) per square meter， and the total payment amount is .
3. according to set (unit) the total payment of the commercial house is (currency： ) .
4.
article five area confirmation and area discrepancy handling
according to the pricing and measurement method selected by the purchaser， it is stipulated in this article that the area discrepancy is measured and computed based on 【√construction area】【indoor construction area】 (abbreviated as the area in this article)
this article does not apply to the set pricing method (#3 above)
in case of discrepancy between the area stipulated in the contract and the area reported on property ownership registration， the area reported on property ownership registration serves as the criterion.
after delivery of the commercial house， both parties agree to handle the discrepancy between the area reported on property ownership registration and the area stipulated in the contract according to measure 1 of the following：
1. mutual agreement between two parties.
(1) refund any overpayment or pay for any deficiency based on actual measurements
(2)
(3)
(4)
2. both parties agree on the following：
(1) if the absolute value of the area discrepancy is within 3% (3% included)， the house payment will be made according to actual area.
(2) if the absolute value of the area discrepancy is over 3%， the purchaser has the right to cancel the house purchase.
if the purchaser cancels the house purchase， the seller should return the paid-up amount to the purchaser within 30 days upon the purchaser‘s house purchase cancellation， and pay interest according to interest rate of fixed assets loan of china people’s bank for the same term.
if the purchaser does not cancel the house purchase and the area reported on property ownership registration is larger than the area stipulated in the contract， the payment for the discrepancy within 3% (3% included) will be paid by the purchaser， and the payment for the discrepancy over 3% will be undertaken by the seller. the property ownership belongs to the purchaser. if the area reported on property ownership registration is smaller than the area stipulated in the contract， the payment for the area discrepancy within 3% (3% included) will be returned to the purchaser from the seller， and the payment for the discrepancy over 3% will be returned doubly to the purchaser from the seller.
area discrepancy rate = (area reported on property ownership registration -area stipulated in the contract) / area stipulated in the contract × 100%
as for the area discrepancy caused by design alteration， supplementary agreement should be signed if both partied do not terminate the contract.
3. both parties agree on the following：
(1) if the absolute value of the area discrepancy is within 3% (3% included)， the house price will be calculated according to the construction area reported on housing registration
(2) purchaser has the right to terminate the contract if the absolute value of the area discrepancy of any measurements is beyond 3%
refund should be made by the seller to the purchaser within 30 days of the contract termination request made by the purchaser. if no termination request is made by the purchase， in the case that area reported on property ownership registrationis smaller than the area stipulated in the contract， the payment for the area discrepancy within 3% (3% included) will be returned to the purchaser from the seller， and the payment for the discrepancy over 3% will be returned doubly to the purchaser from the seller.
area discrepancy rate = (area reported on property ownership registration -area stipulated in the contract) / area stipulated in the contract × 100%
article six payment terms and timing
payment will be made by the purchaser following method 3 .
1. lump sum payment
see attached
2. installment payment
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3. other measures
see attached
article seven purchaser‘s responsibility for breach of contract due to overdue payment
if the purchase does not pay within the timing stipulated in this contract， following method 1 will be complied with：
1. handle separately according to the overdue period. (no accumulation)
(1) if the overdue period is less than 90 days， the purchase should pay 3 percent of the overdue payment per day to the seller as the penalty starting from the next day of the payment deadline stipulated in this contract to the actual payment day， and the contract continues to be effective.
(2) if the overdue period is over 90 days， the seller has the right to terminate the contract. if the seller terminates the contract， the purchaser should pay 10% of the accumulative payable amount to the seller as the penalty. if the purchaser is willing to continue performing the contract， the contract will continue to be effective. from the second day after the payment deadline stipulated in this contract to the actual payment day， the purchaser should pay three hundred thousandth (this rate should not be less than the penalty rate stipulated in the item just above) of the overdue payment per day to the seller.
the overdue payment in this article refers to the balance between the due payable amount stipulated in article six of this contract and the actual payment of that term. if adopting installment payment， the overdue payment will be determined according to the balance between the payable installment amount and the actual payment of that time.
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article eight delivery term
the seller should deliver the commercial house that satisfies the #1 and #2 requirements below and agree to the stipulations of this contract， to the purchaser according to relevant state and local government regulations on or before june 30， 2006.
the commercial house passes the construction examination and acceptance.
the commercial house passes the actual footage examination.
the commercial house passes the comprehensive examination and acceptance for each construction term.
the commercial house acquires approval document on delivery and use of the commercial residence.
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if encountering special circumstances， the seller can postpone the delivery according to actual conditions except when both parties agree to terminate the contract or alter the contract through discussion.
1. encountering a force majeure and the seller informs the purchaser about it within 30 days upon the occurrence date.
2. special modifications requested by the purchaser
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article nine seller‘s responsibility for breach of contract due to overdue delivery
except the special condition stipulated in article eight of this contract， it will be handled according to the first method if the seller fails to deliver the commercial house to the purchaser according to the time limit stipulated in this contract.
1. handle separately according to the overdue period. (no accumulation)
1) for the overdue period is less than 90 days， the seller should pay three hundred thousandth of the paid-up house purchase payment per day to the seller as the penalty from the second day after the delivery deadline stipulated in this contract to the actual delivery day， and the performance of the contract continues.
2) for the overdue period is over 90 days， the purchaser has the right to terminate the contract. if the purchaser terminates the contract， the seller should return all the paid-up payment within 30 days upon the purchaser‘s announcement day of the contract termination and pay 2% of the accumulative paid-up amount to the seller as the penalty. if the purchaser is willing to continue implementing the contract， the contract will continue to be effective. from the second day after the delivery deadline stipulated in article eight of this contract to the actual delivery day， the seller should pay three hundred thousandth (this rate should not be less than the penalty rate stipulated in the item just above) of the paid-up house purchase payment per day to the purchaser.
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article ten agreements on alteration of plan and design
if the quality or function of the commercial house bought by the purchaser is influenced by the planning alteration approved by the planning department and the design alteration approved by the design unit， the seller should notify the purchaser within 10 days upon the day of approval from relevant department.
1. the structure form， house style， space and size， facing of the commercial house
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4. blank
5. blank
6. blank
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the purchaser has the right to reply whether or not to terminate the house purchase in written form within 15 days after receiving the notice. if no written reply is made， it will be deemed that the purchaser accepts the alteration. if the seller does not inform the purchaser within stipulated time limit， the purchaser has the right to cancel the house purchase.
if the purchaser cancels the house purchase， the seller should return paid-up payment to the purchaser within 30 days after the house purchase cancellation date and pay interests according to interest rate of fixed assets loan of china people‘s bank for the same term.
if the purchaser does not cancel the house purchase， supplementary agreement should be signed with the seller.
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article eleven delivery
when the commercial house reaches the delivery serviceable condition， the seller should notify the purchaser to handle delivery procedures. at the takeover of examination and acceptance， the seller should present documentary proof stipulated in article eight of this contract and sign the house delivery sheet. if the commercial house is bought as residence， the seller should provide guarantee letter of residence quality and residence instruction book. if the seller fail to present the documentary proof or the documentary proof presented is incomplete， the purchaser has the right to refuse the takeover and the seller should undertake the responsibilities caused by overdue delivery.
in case of overdue delivery due to the seller‘s account， both parties agree to comply with following measures：
if the purchaser does not fulfill the house inspection procedures as agreed， seller is obligated to inform the purchaser in writing. the next day after the writing notice， the qualified commercial house delivery is deemed complete. purchaser will be responsible for the related expenses caused by the delayed delivery during the period from the notice date to actual delivery date.
article twelve the seller ensures that the commercial house for sale is not involved in dispute of ownership or credit‘s rights and indebtedness. in case of the seller’s reasons that cause inability to handle ownership registration or occurrence of credit and debt dispute， the seller should undertake full responsibilities.
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article thirteen the seller‘s commitment regarding decoration and fixture standard
the decoration and fixture standard of the delivered house is described in appendix 3. if the decoration and fixture do not meet the standard， purchaser has right to handle the matter according the method 1 below：
1. the seller should double compensate the purchaser for the discrepancy.
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article fourteen the seller‘s promise on formal operation of public facilities and basic facilities
1. central air is operating
2. water， gas， electricy
3. seattleite tv and cable tv wiring
4. phone wiring
5.
if the conditions are not meet up to the agreed date， both parties agree to solve it as the following way：
1. 0.03% of purchase price is paid to the purchaser by seller as penalty
2.
article fifteen agreements on ownership registration
the seller should， within 180 days after the commercial house delivery， submit ownership registration materials provided by the purchaser to the ownership registration administration for filing. if the purchaser fails to obtain the real estate ownership certificate within stipulated time limit due to the seller‘s reasons， both parties agree to comply with the following measure 2：
1. the purchaser cancels the house purchase， and the seller returns the paid-up house payment to the purchaser within day after the purchaser‘s house purchase cancellation， and pay as of the paid-up house payment as the compensation for the purchaser’s loss.
2. thepurchaser does not terminate the house purchase， and the seller pays 2% as of the final price to the purchaser as penalty.
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article sixteen warranty responsibilities
for the commercial house bought for commercial residence use， the guarantee letter of residence quality is the annex of this contract. the seller should assume relevant warranty responsibilities from the commercial house delivery day according to the commitments in the guarantee letter of residence quality.
for the commercial house bought for non-commercial residence use， both parties should make specific stipulations on warranty scope， period and responsibilities etc in form of contract annex.
as for the quality problems occurred within the warranty scope and period of the commercial house， the seller should perform warranty obligation. for the damage caused by force majeure or not seller‘s reasons， the seller will not undertake responsibility， but may offer assistance for maintenance. the maintenance charges will be paid by the purchaser.
article seventeen both parties agree on following issues：
1. the right to use the internal surface of the building where the commercial house locates： belongs to all concurrent owners
2. the right to use the exterior wall of the building where the commercial house locates： belongs to all concurrent owners
3. the right to name the building where the commercial house locates： belongs to seller
4. the right to name the community where the commercial house locates： belongs to seller
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article eighteen the purchaser‘s house has a sole purpose for residential use. during the usage period， the purchaser cannot alter the main construction structure， bearing structure and purpose of the commercial house deliberately. except otherwise regulated in this contract and the appendix thereof， the purchaser is entitled to share the common areas and facilities related to the commercial house with other owners， and undertake obligations.
the seller cannot alter the function of the common parts and facilities related to the commercial house deliberately.
article nineteen management company and common charges
seller is responsible for hiring management company to provide property management service according the law. please refer to appendix 4 for service details and standard. service rate is at rmb 6.5 yuan per month per square meter. payment is made annually (semi-annually， seasonally) service includes the maintenances of common areas， landscaping， fixtures and others. please see appendix 4 for detail.
article twenty temporary agreement on property management service content
purchaser acknowledges the full content from appendix iv relating to property management service and this temporary agreement. purchaser agrees to have seller select and hire a property management company according to relevant laws. purchaser also agrees to the management company common charges described above under article nineteen.
article twenty one
for the disputes occurred during the performance of the contract， both parties will solve through discussion. if the discussion fails to work， the second measure as follow will be complied with：
1. submit to arbitration committee.
2. to institute legal proceedings to the people‘s court.
article twenty two for the issues excluded in this contract， the supplementary agreement (annex four) should be signed upon both parties‘ consents.
article twenty three the contract annexes bear the equivalent legal force as this contract. within the contract and the annex thereof， the written characters filled in blank bear the equivalent force as the printed text.
article twenty four this contract attached with annexes has pages， and is done in 4 copies， which bear the equivalent legal force. the contracts are held as follow：
one copy for the seller， one copy for the purchaser， two copies for administration for real estate.
article twenty five this contract comes into effect upon both parties‘ signature.
article twenty six for the advance sale of the commercial house， the seller should apply for filing registration to beijing chaoyang district administration for real estate within 30 days after the contract becomes effective.
seller： (sealed)
legal representative：
signed on
signed in
purchaser： (signature)
legal representative：
signed on
signed in
