Rural homestead house sale and purchase contract
Seller (Party A):
Identification Number:
Address:
Zip code:
Phone:
Consignment sales brokerage institutions:
Legal representative:
Business Agent:
Agent's ID Number/License Number:
Zip code:
Phone:
Address:
Business License Registration Number:
Brokerage institution record certificate number:
Buyer (Party B):
Identification Number:
Address:
Zip code:
Phone:
In accordance with the relevant provisions of the Civil Code and the Land Management Law, the buyer and the seller, under the principle of equality and voluntariness, agree on the following terms on the transfer of the ownership of the rural homestead house and the right to use the attached homestead land subject to the contract:
Article 1 The basic situation of the house
1. The ownership and area of the house
Party A voluntarily sells its ownership of the house located in the city and its homestead use right (square meter of construction area and square meter of land use right) to Party B. The nature of the land occupied by the transferred house is: the right to use the homestead, and the number of the homestead use right certificate (or rural collective land use right certificate) is: . A copy of the title certificate is attached to this contract. The transfer of the house to the boundary of the four to the [homestead use certificate] [rural collective land use right certificate] [ ] shall prevail.
2. Internal facilities and equipment of the house: including:
Article 2 Qualifications of the buyer
Party B's household registration is: , it is a member of the collective economic organization where the homestead house is traded in this contract, and Party B does not enjoy other homesteads. Party B has the main qualification to transfer the homestead house in accordance with the law.
Article 3 Time and method of payment
The parties agree that the price of the above-ground house and the right to use the homestead is:
RMB 10,000,000 10,000
Pick up the whole (¥ yuan).
Prior to the signing of this contract, the buyer has paid to the seller a deposit (capitalized), which shall be [deducted] from the price of the house [when this contract is signed] [the down payment] [ ] .
The buyer shall pay in the following ways:
(1) One-time payment. The buyer shall pay the full price of the house before xx-xx-xx.
(2) Installment payment. The buyer shall pay the full price of the house in installments before the date of xx-xx-xx, and the first installment of the house price (currency) (capital: yuan) shall be paid before the date.
The parties agree that the full amount of the house price shall be deposited into the following accounts: the account name is: , the opening bank is: , and the account number is: .
Article 4 Party A's rights and liabilities
1. Party A shall ensure that its real estate does not have quality and technical problems that may endanger the safety of residence, and if the quality problems of the house sold by Party A affect the exercise of Party B's right of residence, all responsibilities shall be borne by Party A, and Party B shall be compensated for the loss.
2. Party A guarantees and undertakes to have the ownership of the above-mentioned house and the right to use the land (village homestead), and all parties A and B have no objection to the disposal of the subject property, and there is no person with the right of first refusal for the sale of the house and land, and the house and land do not have any other rights such as mortgage, and the house does not have any restrictions on the disposal of rights such as court seizure. If there are any of the above matters due to ownership issues after the transaction, Party A shall bear the responsibility, and Party B shall not be responsible for it.
3. After the signing of this contract, Party A shall transfer the rights of use, income, lease, guarantee, mortgage, sale and possession of the house to Party B. Party A shall not sign a contract for the transfer of ownership of the house with any other person.
4. After the signing of this contract, if there is a property right dispute or creditor's rights and debts related to Party A, Party A shall be responsible for cleaning up and bearing civil liability, and Party A shall be responsible for compensating for the economic losses caused to Party B.
5. After the signing of this contract, if the house is demolished by the government, even if this contract is found to be invalid, Party A still agrees that Party B has full authority to handle the demolition procedures of the house and land, and all the proceeds such as demolition compensation and resettlement housing shall belong to Party B, and Party A shall not interfere. If Party A's cooperation is required during the demolition process, Party A shall cooperate free of charge.
If the status of the real estate rights is inconsistent with the above circumstances, resulting in Party B being unable to use the subject real estate normally, the buyer has the right to terminate the contract. If the buyer terminates the contract, it shall notify the seller in writing. The seller shall refund the buyer the full amount paid for the house within days from the date of service of the notice of rescission, and calculate the interest paid at the rate of % (not lower than the benchmark interest rate of the loan for the same period announced by the People's Bank of China) from the date of payment by the buyer. If losses are caused to the buyer, the seller shall pay compensation in the amount of [one time of the price paid] [the buyer's total loss].
Article 5 Deadline for delivery of housing
Party A shall deliver the house to Party B within a few days after receiving the purchase price of the first installment.
Article 6 Liability for breach of contract
1. Responsibility for payment and delivery. If Party B fails to pay the purchase price to Party A on time or Party A fails to deliver the house to Party B on time, the defaulting party shall pay liquidated damages equal to 10,000 of the purchase price to the other party for each overdue day. If either party fails to perform the contract more than one day after the deadline, it shall be deemed to have repudiated the contract, and the non-breaching party shall have the right to notify the other party to terminate the contract, and claim liquidated damages from the breaching party according to the % of the contract transaction price, and claim the corresponding liability for losses in accordance with the law.
2. If the subject of the contract does not meet the laws and policies or standards, or fails to obtain the approval and consent of the relevant rights holders, resulting in the inability to complete the registration and transfer of the homestead house, the two parties may negotiate to terminate the contract. If Party B does not meet the qualifications of the buyer, Party A has the right to terminate the contract and require Party B to pay liquidated damages to Party A.
3. Party A shall not terminate the contract without authorization, if Party A terminates the contract without authorization, Party B has the right to require Party A to continue to perform the contract or require Party A to return the payment of Party B, and has the right to require Party A to pay the interest loss according to the bank loan interest rate in the same period, and has the right to require Party A to pay liquidated damages to Party B.
4. If Party A conceals the fact that the house has been traded or sells the house under this contract to a third party in any other form, it will be deemed that Party A has recovered the real estate, and Party B shall pay the repurchase price according to the agreement on the recovery of the real estate in this contract, and Party A shall also pay liquidated damages to Party B.
5. If Party A does not deliver the house and property right certificate to Party B according to the provisions of this contract and does not cooperate with Party B to go through the advance notice registration procedures, it shall be deemed that Party A is in breach of contract, and Party B shall have the right to require Party A to deliver the house and property right certificate, and shall have the right to require Party A to pay liquidated damages.
6. If Party A fails to assist and cooperate with Party B in handling the transfer procedures as agreed, Party B has the right to require Party A to pay liquidated damages in RMB and continue to go through the transfer procedures as agreed.
7. If Party A does not agree to authorize Party B to handle the demolition procedures with full authority, does not agree to cooperate without compensation, contacts and signs documents with the demolition party without permission, and embezzles the benefits due to the demolition without Party B's knowledge, Party B has the right to require Party A to return the benefits obtained due to the demolition and pay liquidated damages according to % of the appraised price of the house at the time of demolition.
Based on the particularity of the rural homestead housing sales contract, both parties are aware in advance that both parties shall not claim that the contract is invalid at any time on the grounds that the contract violates laws and regulations. The parties agree that even if this contract is found to be invalid, the parties will still settle the issue of apportionment of liability for contractual negligence after the contract is invalid in accordance with this "liability for breach of contract" clause.
Article 7 Settlement of disputes arising from this contract
Both parties sign this contract in line with the principle of friendly negotiation, fairness and reasonableness, and after signing this contract, both parties shall strictly abide by the implementation and shall not renege on any reason. Disputes arising during the performance of the contract may be resolved through negotiation between the two parties. If the negotiation fails, the two parties may file a lawsuit with the people's court to resolve the dispute.
Article 8 This contract shall be signed by both parties and shall come into force after approval by the person in charge of the collective economic organization where the homestead is located. This contract shall be made in triplicate. The property owner of Party A and the agent entrusted by Party A hold one copy, one copy of Party B, and one copy of the collective economic organization for future reference.
| Party A (Signature): | Party B (Signature): |
| Date of signing: YYYYYYYYYYYYYYYYYYYYY | Date of signing: YYYYYYYYYYYYYYYYYYYYY |
| Opinions on the examination and approval of collective economic organizations and their responsible persons: | (Signature of the collective economic organization): |
| (Signature of the person in charge of the collective economic organization): | Identity card: |
| Phone: | Date of signing: YYYYYYYYYYYYYYYYYYYYY |
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