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Small Property Purchase Contract

2008/10/18 14:36:00 41982

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“開發(fā)商利用虛假廣告、違規(guī)預(yù)售、簽訂存有缺陷的商品房買賣合同，或在集體土地上建設(shè)房屋違法銷售，損害消費(fèi)者合法權(quán)益的事時(shí)有發(fā)生。”針對(duì)當(dāng)前房地產(chǎn)市場中，特別是購買新建商品房過程中存在的損害消費(fèi)者合法權(quán)益的行為，建設(shè)部日前發(fā)布了購買新建商品房的風(fēng)險(xiǎn)提示。同時(shí)，建設(shè)部還特別提醒廣大市民不要購買在集體土地上建設(shè)的房屋，并表示“小產(chǎn)權(quán)房”不受法律保護(hù)。

"Market newspaper" reporter understands that at present, some small property rights houses under the banner of "small property rights" and "rural property rights" are common in some big cities, and supply and demand are flourishing.

Small property right house most attract buyers is low sales price.

For example, in Beijing, it is generally between 2000 yuan and 4000 yuan per square meter, which is much more attractive to many middle and low income housing buyers than the commercial houses that are often more than ten thousand yuan in the urban area.

A spokesman for the Ministry of Construction said that the current laws and regulations do not allow real estate development on collective land and do not allow housing sold on collective land to be sold to members outside the collective economic organization.

At present, some village collective economic organizations concentrate on the construction of rural residential buildings on the collective land of the village, and are used to resettlement members of the collective economic organizations. But during the resettlement process, they expand the sales target without authorization and sell them to the outside members of the collective economic organizations at a lower price.

To this end, the Ministry of construction reminds consumers not to buy houses built on collective land.

"Small property rights" is not actually a real property right. This kind of housing has neither land use permit nor pre-sale permit. The land and housing administration will not record the purchase contract.

If members of non collective economic organizations purchase such houses, they will not be able to register their property rights, and their legitimate rights and interests can hardly be protected.

Some projects promised to handle "rural property rights" and "small property rights" do not conform to the law and are not protected by law.

In addition, the Ministry of construction also reminded consumers that in the process of buying new commercial housing, we should pay attention to strengthening the sense of risk and safeguarding rights, and do not believe in oral propaganda and commitment.

It is not clear whether the publicity and commitment can be fulfilled. It is better to require developers to make a written contract form, otherwise it is difficult to be protected by law.

More importantly, before buying a house, it is necessary to check whether the real estate enterprises have the main qualification to sell the houses. When buying new commercial housing, they must know and check whether the purchased houses have obtained the pre-sale permit for commercial housing in advance.

It is necessary to check the procedures for the construction of commercial housing, and to develop and build houses with incomplete procedures.

Party A - seller Party B - buyer

With regard to Party B's purchase of Party A, the two parties have reached an agreement through consultation:

Party A shall sell the premises (Housing Authority number, building area, square metre) with its independent property right in a city / district to RMB B (RMB).

Party B is willing to subscribe the premises to Party A at the above price.

Two, Party A promises:

1 to provide Party B with the required housing information for checking.

2 guarantee independent ownership of the houses sold.

3 ensure that the sale house is not leased.

4 since signing this agreement, it is guaranteed that the house will be sold to Party B at the agreed price, and shall not be repaid or sold to third persons during the period.

5, in accordance with the needs of the foregoing business, timely signing various contract documents and handling various formalities.

6 when pferring property rights, the housing property data shall be delivered to the institutions authorized by the loan bank or the loan bank according to the requirements.

Three, Party B promises:

1 make sure that the room charge is paid according to the requirements, and the loan is repaid.

2 do not change the structure of houses according to the state's requirements.

3, in accordance with the needs of the foregoing business, timely signing various contract documents and handling various formalities and undertaking various expenses.

4 when pferring housing, the housing loan data should be delivered to the loan bank or its authorized institution according to the requirements.

Four liability for breach of contract

1 if Party A fails to sell the premises to Party B, it shall compensate Party B for the losses incurred.

2 if Party B fails to purchase the premises from Party A, Party A shall compensate the party for the losses.

Five the settlement, performance, contact, alteration and dispute settlement of the agreement shall be governed by the laws of the People's Republic of China.

Six the agreement shall come into force from the date of signature or seal by both parties.

Seven there are two copies of the agreement, one for each side.

First party:

Party B: