When buying and selling second-hand houses, we should be cautious, and at the same time, when signing the contract, we should be detailed and clear to ensure that the interests will not be damaged. The following is the "22 second-hand housing sales contract template" compiled by me for everyone, for reference only, and you are welcome to read it. 22 Second-hand House Sales Contract Template (1)
seller: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. __
Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Buyer: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. ___
Current address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. On the basis of equality, voluntariness, fairness and consensus, the two parties have reached the following agreement on the purchase and sale of the house:
Article 1. Basic information of the real estate
Basic information of the house
The location of the house sold by the seller (hereinafter referred to as the house) is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The floor of the building where the house is located is * * * _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ * _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Title certificate number of immovable property right: _ _ _ _ _ _. The property is a commercial house. See Annex 1 for details of ancillary facilities, equipment, decoration and related items transferred with the house at the same time.
(II) Land use status
The state-owned land use right occupied by the house is transferred or allocated in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ) and transfer it to Party B together with the house. The land use right certificate number is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(3) The mortgage situation of the house is the first kind:
1. No mortgage has been set.
2. The house is mortgaged, with the mortgagee: _ _ _ _, the mortgage amount: _ _ _, the mortgage term: from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. there is a lease on this real estate, and the seller must give the written document of the lessee's waiver of preemptive right and the lease contract to the buyer when signing this contract.
article 3, transaction price, payment method and time limit
(1) through negotiation between the buyer and the seller, the transaction price of the house is RMB _ _ _ _ _ _ _ _ (in figures), _ _ _ _ _ _ _ _ _ _ _ _ _. The knock-down price of the above-mentioned house includes ancillary facilities and equipment, decoration, related items and all other rights related to the house.
(II) Payment method and time limit
Both parties choose the following _ _ _ _ payment method:
1. Payment method: full payment
Payment time limit: on the day when this contract is signed, the buyer pays the seller a deposit of RMB _ _ _ _ _ _ _, which will offset the purchase price when the buyer makes the last payment; When both parties go through the online signing formalities, the buyer pays the seller RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ On the day after the acceptance and handover of the house is completed, the buyer shall pay the seller all the remaining house purchase price of RMB _ _ _ _ _. The buyer shall go through the loan formalities with the loan bank within two working days after the online signing and fund supervision formalities are completed, and the bank loan will be transferred to the fund supervision account. Within three days after the real estate transfer registration is completed, the buyer shall assist the seller to handle the house payment transfer formalities with the fund supervision unit.
2. payment method: mortgage loan, with the down payment tentatively set at RMB _ _ _ _ _ _ _, and the remaining house payment will be handled by bank mortgage loan, with the specific amount of down payment subject to the bank's approval results.
both parties choose the following _ _ _ _ payment term:
(1) On the day after the signing of this contract, the buyer shall pay the seller a down payment of RMB _ _ _ _ _, which shall offset the down payment payable at the time of online signing; On the day when both parties go through the online signing formalities, the buyer pays part of the down payment of RMB _ _ _ _ _ to the seller, and the down payment is directly transferred by the buyer to the fund supervision account of the competent department; The remaining down payment of RMB _ _ _ _ Yuan shall be paid on the day after the acceptance and handover of the house is completed. The buyer shall go through the loan formalities with the loan bank within two working days after the online signing and fund supervision formalities are completed, and the bank loan will be transferred to the fund supervision account. Within three days after the real estate transfer registration is completed, the buyer shall assist the seller to handle the house payment transfer formalities with the fund supervision unit.
(2) on the day after the signing of this contract, the buyer shall pay the seller a down payment of RMB _ _ _ _ _, which shall offset the down payment; The buyer shall transfer part of the down payment of RMB _ _ _ _ to the seller's loan account (bank: _ _ _ _ _ _; Account number: _ _ _ _ _ _ _ _ _), and the seller shall bear the shortage of the mortgage payment. The remaining down payment of RMB _ _ _ _ Yuan shall be paid on the day after the acceptance and handover of the house is completed. The buyer shall go through the loan formalities with the loan bank within two working days after the online signing and fund supervision formalities are completed, and the bank loan will be transferred to the fund supervision account. Within three days after the real estate transfer registration is completed, the buyer shall assist the seller to handle the house payment transfer formalities with the fund supervision unit.
article 4, bank release
if the house is mortgaged, the seller shall apply to the mortgage bank for release within _ _ _ days after the signing of this contract, that is, the loan shall be settled in advance, and the mortgage cancellation procedures shall be completed within _ _ _ _ days after the loan is settled (except that the mortgage bank fails to provide the necessary information for mortgage cancellation in time).
article 5, mortgage loan
if the buyer needs to apply for mortgage loan, both parties shall apply to the bank for mortgage loan procedures within _ _ _ _ _ days after the signing of this contract. If the buyer's loan is not approved, this contract will be automatically terminated, and all the money collected by the seller will be returned to the buyer without interest, except that the buyer is willing to pay in full.
article 6, registration of ownership transfer
(1) if the buyer does not need a loan and the house is unsecured, both parties agree to apply to the real estate ownership registration department for online signing and registration of real estate ownership transfer within _ _ _ _ days from the date of signing this contract.
(2) if the buyer does not need a loan, but the house is mortgaged, both parties agree to apply to the real estate ownership registration department for online signing, real estate ownership transfer registration and other procedures within _ _ _ _ days after the mortgage is cancelled.
(3) if the buyer needs a loan and the house is mortgaged, both parties agree to apply to the real estate ownership registration department for online signing, real estate ownership transfer registration and other procedures within * * * days after the mortgage is cancelled and the buyer's loan is approved.
article 7, moving out of registered permanent residence
the seller shall complete the formalities for moving out of the original registered permanent residence of the house within _ _ _ _ days from the date of ownership transfer of the house.
article 8, commitment of property rights and specific conditions of the house
1. the seller guarantees that the house has no disputes over property rights, other owners and claims and debts.
2. the seller guarantees that the ownership status, ancillary facilities and equipment, decoration and related relations of the house have been truthfully stated, and that the ancillary facilities and equipment and decoration of the house that have been included in annex I are kept in good condition from the date of signing this contract to the completion of the acceptance and handover of the house.
3. The seller guarantees that there has been no murder, natural death or fire affecting the living safety of the house.
4. the buyer guarantees that he is qualified to purchase houses and has good credit information.
article 9, delivery and acceptance of the house
1. delivery time
both parties choose the following delivery time:
(1) the seller shall deliver the house to the buyer on the day when the buyer pays the down payment;
(2) The seller shall deliver the house to the buyer within _ _ _ days after the house is transferred to the buyer's name.
2. Handover procedures
When the house is delivered, the following procedures shall be performed:
(1) The seller and the buyer * * * jointly check and accept the specific conditions of the attached facilities and equipment, decoration and related items list of the house, record the readings of water, electricity and gas meters, and hand over the items listed in Annex I;
(2) The buyer and the seller sign the list of ancillary facilities, equipment, decoration and related items of the house;
(3) hand over the community key card and the keys of each house door;
(4) Settlement of property management fees, heating, water, electricity, gas, cable TV and telecommunication fees;
(5) the property name change formalities have been completed.
3. The property management fee, heating, water, electricity, gas, cable TV and telecommunication fee incurred before the delivery date of the house shall be borne by the seller, and the expenses incurred after the delivery date (including the date) shall be borne by the buyer. The Seller agrees to transfer the book balance of the special maintenance fund (public maintenance fund) paid by it to the Buyer for free.
article 1, relevant provisions on taxes and fees
during the performance of this contract, the buyer and the seller shall pay various taxes and fees in accordance with relevant national and local regulations, and the specific agreements on the payment of taxes and fees by the buyer are as follows:
1. Taxes and fees to be paid by the seller:
2. Taxes and fees to be paid by the buyer:
Article 11. Liability for breach of contract
1. If the seller fails to fulfill the contractual obligations such as applying for early settlement of loan, handling mortgage, online signing, house delivery, ownership transfer registration, account removal, etc., it shall pay liquidated damages to the buyer at the rate of one thousandth of the total house price for each day overdue. If the overdue period exceeds _ _ _ _ days, the buyer has the right to demand the seller to continue to pay the liquidated damages according to the above agreement, or choose to terminate this contract. If the buyer chooses to terminate this contract, the seller shall refund all the payment made by the buyer within 3 days after receiving the notice of termination, and pay _ _ _% of the total house price as penalty.
2. after the signing of this contract, if the buyer fails to fulfill the contractual obligations such as applying for bank loan, handling online signing, ownership transfer registration, etc., it shall pay liquidated damages to the seller according to one thousandth of the total house price for each day overdue; If the buyer fails to pay the house purchase price as agreed, or fails to apply for bank loan as agreed, and the fund supervision unit deducts the house purchase price, the buyer shall pay the seller a penalty of one thousandth of the house purchase price payable or deducted for each day overdue. If the overdue period exceeds _ _ _ _ days, the seller has the right to choose to ask the buyer to continue to pay the liquidated damages according to the above agreement, or choose to terminate this contract. If the seller chooses to terminate this contract, the buyer shall pay a penalty of _ _ _% of the total house price.
3. if the house is involved in property rights disputes, creditor's rights disputes or being sealed up, so that the real estate transaction formalities cannot be handled, the seller shall pay the buyer _ _ _% of the total house price as penalty.
4. if the seller has signed a house sales contract with a third party for the house before the signing of this contract, but it has not been dissolved or terminated, or the buyer sells the house to a third party after the signing of this contract, the buyer has the right to dissolve this contract, and the seller shall return all the payment made by the buyer within _ _ _ _ _ days from the date of receiving the notice of dissolution, and pay a penalty equivalent to one time of the accumulated house price paid by the buyer. If the buyer chooses to continue to perform this contract and meets the legal conditions for continued performance, the buyer has the right to demand the seller to pay a penalty of _ _ _% of the total house price.
5. in case of murder, natural death or fire that affects the living safety of the house, the buyer has the right to demand the termination of this contract and the seller to refund all the purchase price; If the seller intentionally conceals the above information, the buyer also has the right to demand the seller to pay a penalty of _ _ _% of the total house price.
6. if either party commits any other breach of contract other than the above, the penalty of deposit shall apply.
7. if the actual loss of the non-defaulting party is higher than the above liquidated damages or deposit standard, the non-defaulting party has the right to claim compensation for the actual loss such as house price difference.
8. in addition to paying the above liquidated damages or actual losses, the breaching party shall also bear the expenses incurred by the non-breaching party to protect its legitimate rights and interests, such as attorney fees, legal fees and preservation guarantee fees.
article 12. force majeure
if the contract cannot be performed as agreed due to force majeure, the party who fails to perform the contract as agreed due to force majeure shall be exempted from liability in part or in whole according to the influence of force majeure. however, the party who fails to perform the contract as agreed due to force majeure shall inform the other party in time and provide proof to the other party within _ _ _ days from the end of the force majeure event. The risk liability of the above-mentioned house shall be transferred to the buyer from the date of completion of the acceptance and handover of the house.
article 13, dispute settlement methods
disputes arising under this contract shall be settled by both parties through consultation; If negotiation fails, a lawsuit shall be brought to the people's court where the house is located according to law;
article 14, terms of service
the contact information and contact information of the parties in the first part of this contract are applicable to the contact between the two parties, the delivery of written documents and the delivery of legal documents during dispute settlement. The _ _ _ _ day after the self-mailing, which cannot be delivered directly due to the error of the first contact information and contact information, shall be deemed as delivery.
article 15, other matters
this contract shall come into effect as of the date of signature (seal) by both parties. Both parties may sign a written supplementary agreement to change or supplement the contents not agreed, unclear or inapplicable in this contract according to the specific circumstances. The termination of this contract shall be in written form. The annexes and supplementary agreements to this contract have the same legal effect as this contract. The annex to this contract is a part of this contract and has the same legal effect as this contract.
the seller: _ _ _ _ _ _ _ _ _ Date of signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ < p