房产买卖合同英文版_翻译认证盖章_移民签证_有资质的翻译机构_资金合法来源证明_房产合同翻译英文模板_适用于出国移民文件翻译提交。
Special Notice (一)
A. This contract is a model text jointly formulated by the Shanghai Housing and Land Resources Management Bureau and the Shanghai Administration for Industry and Commerce in accordance with the Contract Law of the People's Republic of China and the Shanghai Real Estate Transfer Measures
B. Except for the pre-sale by real estate development enterprise, sale of commercial housing, and sale of public housing s, this contract is applicable to all other real estate transactions
C. Both parties shall enter into a contract based on the principles of voluntary negotiation and fairness. Real estate buying and selling is a civil legal act that involves a large amount of money, strong professionalism, and many legal norms. When both parties enter into a real estate buying and selling contract, they should pay attention to the following information:
1) The rights of co-owners. Real estate rights registration is divided into exclusive and joint ownership. Joint ownership refers to two or more rights holders jointly owning the same real estate. When signing a contract for buying and selling real estate, the joint owners in the real estate ownership certificate should sign and stamp the contract.
If the original employee has purchased public housing and it is put on the market for sale, the adult cohabitants who participated in the housing reform should express their consent to the sale in Annex 5 of the contract and sign and stamp it; If it is not possible to sign and stamp the contract for any reason, other proof of agreement to sell should be provided.
The rights holder in the real estate ownership certificate should reach a consensus with their spouse before selling the real estate. If the spouse raises objections after the sale, the rights holder shall bear legal responsibility.
2) Deposit. The deposit in the sales contract is a guarantee for both parties to fulfill the contract. The parties may agree on the amount of the deposit, payment date, etc. in the payment agreement in Annex
3) House handover is the process in which the seller delivers the house to the buyer on the agreed date and in the agreed manner, and the buyer inspects and accepts it. Both parties shall specify the delivery and acceptance dates, as well as the method of delivery, in Article 4 of the contract.
If the seller sells the originally purchased commodity housing, the residential quality assurance certificate and residential user manual provided by the development company shall be transferred to the buyer, and the buyer shall enjoy the rights and interests stipulated in the two documents.
4) Housing quality. The quality clause is a necessary part of the sales contract, and the property being sold should be able to maintain normal functionality. If the house continues to be used beyond its reasonable service life, the property owner shall entrust a survey and design unit with the corresponding qualification level for appraisal.
5) Before signing the real estate sales contract, the buyer should consult the relevant registration (filing) materials of the real estate transaction center to check whether there are any property disputes or other rights restrictions on the purchased real estate, in order to safeguard their own rights and interests.
6) When buying or selling a rented property, the seller shall notify the lessee three months before the sale, and the lessee shall have the right of first refusal under the same conditions. If the lessee waives the right of first refusal, the buyer shall continue to perform the lease agreement after purchasing the house and sign a lease subject change agreement with the lessee.
7) If buying or selling mortgaged real estate, the seller shall notify the mortgagee in writing in advance, negotiate and agree on relevant matters, and inform the buyer of the fact that the real estate is mortgaged.
8) Land use rights after real estate transactions
(1) Residential housing
The sale of residential properties results in the transfer of state-owned land use rights within the occupied area. If the real estate ownership certificate specifies the land use term, it should be truthfully filled in Article 3 (1) of the contract.
When selling garden residences that have not paid the land transfer fee, the buyer shall handle the procedures for the transfer of state-owned land use rights with the municipal or district/county housing and land bureau, pay the transfer fee, and choose Article 3 (2) of the contract.
(2) Nonresidential housing
If the land use right is obtained through transfer, the state-owned land use right within the occupied area will be transferred accordingly when sold. The parties shall choose Article 3 (1) of the contract, in which if the real estate ownership certificate specifies the land use term, it shall be truthfully filled in.
According to laws, regulations, and rules, when buying and selling real estate on allocated land, the buyer shall handle the procedures for the transfer of land use rights and pay the land use right transfer fee in accordance with regulations. The parties involved shall choose option (2) of Article 3.
In addition to the above situations, the Land Administration Law of the People's Republic of China stipulates other forms of compensated land use, such as state-owned land leasing and land use rights valuation as shares. If they fall within this scope, the parties shall agree on them in Article 3 (3).
9) The buying and selling objects of houses on collectively owned land. Residential houses on collectively owned land that have not been lawfully requisitioned can only be sold to individuals within the township (town) where the house is located who meet the conditions for applying for residential housing construction. Nonresidential houses can only be sold to collective economic organizations or individual operators within the township (town) where the house is located.
10) Transfer of housing household registration. The timely relocation of the original household registration in the house, in addition to the handover of the house and the transfer of rights, will also affect the performance of the contract for the sale of houses that have already been put into use. The parties shall agree on the household registration transfer clause in the contract terms.
11) Delivery of maintenance fund. According to the Shanghai Residential Property Management Regulations, within ten days from the effective date of the real estate sales contract, the parties shall inform the owners' management committee and property management unit in writing of the transfer of the real estate, and handle the procedures for changing the name of the house maintenance fund account. The delivery of the remaining maintenance fund in the account may be agreed upon by the parties in the supplementary terms.
D. In order to protect the rights and interests of both buyers and sellers, and prevent illegal real estate intermediaries from infringing on the rights and interests of the parties involved, any entrusted intermediary introduction or agency real estate brokerage company that entrusts a professional company with real estate brokerage qualifications to provide agency, intermediary introduction, and other services should sign and stamp in Annex 6 on the intermediary introduction, agency, and other services; Among them, the principal shall clearly state in the first article the information about the practicing brokers of the real estate brokerage company introduced by the intermediary, in order to serve as a basis for complaints in case of disputes with the brokerage company or brokers.
E. In order to safeguard the legitimate rights and interests of the parties and prevent multiple sales of one property, after signing the contract through the online operating system, the parties should promptly go to the real estate trading center to handle the transfer procedures.
F. In order to facilitate the parties to enter into supplementary clauses in the sales contract, the following examples are drafted. The parties may freely choose according to their needs, and any examples not selected by the parties shall not be included in the contract.
Example of Real Estate Rights Guarantee Clause: Party A guarantees that there are no property disputes or claims of rights by others in the above-mentioned purchased and sold real estate. Prior to the signing of this contract, Party B agrees that Party A shall handle any existing encumbrances on the real estate according to the following item No.:____
1) Within ___ days after the effective date of this contract, Party A and the mortgagee or other rights holder shall cancel the registration of other rights. If the cancellation is not made within the prescribed time, Party B shall have the right to claim Party A's breach of contract liability.
2) On the premise of written consent from the mortgagee or other rights holders, Party B acknowledges and inherits the right and agrees to handle the registration of changes.
G. The Arbitration Law of the People's Republic of China stipulates the system of arbitration or trial. Once the parties choose arbitration, it means that they cannot bring a lawsuit to the court again.
H. The parties involved in the purchase and sale of real estate sign a contract, and in order to ensure the realization of property rights in the future, they may apply for advance notice registration with the registration agency according to the agreement. After the advance notice registration, if the real estate is disposed of without the consent of the right holder of the advance notice registration, it shall not have biological rights effect. After the advance notice registration, if the creditor's rights are extinguished or if registration is not applied for within three months from the date when real estate registration can be carried out, the advance notice registration shall become invalid
I. To protect the interests of both the buyer and the seller, after signing the contract through the online operating system, the system will provide password protection for both parties. Please keep the password properly for verification