现今社会公众的法律意识不断增强,越来越多事情需要用到合同,合同协调着人与人,人与事之间的关系。那么合同书的格式,你掌握了吗?下面是小编帮大家整理的最新合同模板,仅供参考,希望能够帮助到大家。
购房合同编号查询篇一
乙方:黄吉安(4495176)。戴传娟
据双方协议,甲方自愿将甲方所有位于老隆镇福荣街供电大楼宿舍706号房产转卖给乙方。现双方协议如下:
一、甲方同意将其所有的老隆镇福荣街供电大楼宿舍706号房产及屋内所有(沙发一套、饭桌椅一套、床3张、衣柜3只、桌3张、热水器及厨房设施若干)一同转卖给乙方。转买价为人民币贰拾壹万玖仟元整(219000。00元)。
二、过户费由乙方负责,甲方同意全程无偿陪同乙方办理公证手续和过户手续。
三、付款方式:分两期付清,第一期:20xx年7月10日至20xx年8月10日止付拾万元(¥100000。00元)。第二期20xx年8月11日至20xx年9月11日付清尾款人民币壹拾壹万玖仟元整(¥119000。00元)。
四、付清房款之日,房产权、房产证及屋内归乙方所有。
五、乙方交付甲方定金人民币叁仟元整(¥3000。00元),交付甲方购房定金两个月内,甲方不得再次转卖房屋。如甲方再次转卖须赔偿乙方人民币贰万元整(¥20xx0。00元)。
六、如乙方到期未付清房款,甲方有权重新处理房产,并扣除乙方贰万元整(¥20xx0。00元)。
此合同一式四份,双方两位证人各执一份。
甲方:
乙方:
公证人:日期:20xx年7月10日
购房合同编号查询篇二
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购房合同编号查询篇三
(合同编号: )
合同双方当事人:
出卖人:_________________________________________________________
注册地址:_______________________________________________________
营业执照注册号:_________________________________________________
企业资质证书号:_________________________________________________
法定代表人:____________________联系电话:_______________________
邮政编码:_______________________________________________________
委托代理人:____________________地址:__________________________
邮政编码:____________________联系电话:________________________
委托代理机构:__________________________________________________
注册地址:______________________________________________________
营业执照注册号:________________________________________________
法定代表人:____________________联系电话:______________________
邮政编码:______________________________________________________
买受人:________________________________________________________
姓名:__________________国籍______________
_______________________
地址:__________________________________________________________
邮政编码:______________________联系电话:______________________
姓名:____________________国籍:_____________
地址:__________________________________________________________
邮政编码:______________________电话:__________________________
根据《中华人民共和国合同法》、《中华人民共和国城市房地产管理法》及其他有关法律、法规之规定,买受人和出卖人在平等、自愿、协商一致的基础上就买卖商品房达成如下协议:
出卖人以___________方式取得位于___________、编号为___________的地块的土地使用权。为______________________。
该地块土地面积为___________,规划用途为___________,土地使用年限自______年_____月_____日至______年_____月______日。
出卖人经批准,在上述地块上建设商品房,___________。建设工程规划许可证号为___________,施工许可证号为___________。
________________________________________________________________________________________。
买受人购买的商品房为。预售商品房批准机关为___________,商品房预售许可证号为___________。
________________________________________________________________________________________。
买受人购买的商品房(以下简称该商品房,其房屋平面图见本合同附件一,房号以附件一上表示为准)为 本合同第一条规定的项目中的:
第_________________________________号房。该商品房的用途为___________,属___________结构,层高为___________,建筑层数地上___________层,地下 ___________层。
该商品房阳台是。
该商品房建筑面积共___________平方米,其中,套内建筑面积___________平方米,公共部位与公用房屋分摊建筑面积___________平方米(有关公共部位与公用房屋分摊建筑面积构成说明见附件二)。
________________________________________________________________________________________。
_________________________________________________________________________________________。
出卖人与买受人约定按下述第___________种方式计算该商品房价款:
1、按建筑面积计算,该商品房单价为(___________币)每平方米______元,总金额(___________币)_____千_____百_____拾_____万_____千_____百_____拾_____元整。
2、按套内建筑面积计算,该商品房单价为(___________币)每平方米__________元,总金额(__________币)_____千_____百_____拾_____万_____千_____百_____拾_____元整。
3、按套(单元)计算,该商品房总价款为(__________币)_____千_____百_____拾_____万_____千_____百____拾______元整。
4、__________________________________________________ 。
根据当事人选择的计价方式,本条规定以(本条款中均简称面积)为依据进行面积确认及面积差异处理。
当事人选择按套计价的,不适用本条约定。
合同约定面积与产权登记面积有差异的,以产权登记面积为准。
商品房交付后,产权登记面积与合同约定面积发生差异,双方同意按第_____种方式进行处理:
1、双方自行约定:
(1)_________________________________________________;
(2)____________________________________________;
(3)_______________________________________________;
(4)_________________________________________________。 2、双方同意按以下原则处理:
(1)面积误差比绝对值在3%以内(含3%)的,据实结算房价款;
(2)面积误差比绝对值超出3%时,买受人有权退房。
买受人退房的,出卖人在买受人提出退房之日起30天内将买受人已付款退还给买受人,并按__________利率付给利息。
买受人不退房的,产权登记面积大于合同约定面积时,面积误差比在3%以内(含3%)部分的房价款由买受人补足;超出3%部分的房价款由出卖人承担,产权归买受人。产权登记面积小于合同约定面积时,面积误差比绝对值在3%以内(含3%)部分的房价款由出卖人返还买受人;绝对值超出3%部分的房价款由出卖人双倍返还买受人。
产权登记面积-合同约定面积
面积误差比=————————————————×100%
合同约定面积
因设计变更造成面积差异,双方不解除合同的,应当签署补充协议。
买受人按下列第__________种方式按期付款:
1、一次性付款_______________________________________。
2、分期付款__________________________________________。
3、其他方式_________________________________________。
买受人如未按本合同规定的时间付款,按下列第__________种方式处理:
1。按逾期时间,分别处理(不作累加)
(1)逾期在_____日之内,自本合同规定的应付款期限之第二天起至实际全额支付应付款之日止,买受人按日向出卖人支付逾期应付款万分之_____的违约金,合同继续履行;
购房合同编号查询篇四
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购房合同编号查询篇五
卖方:_______________(简称甲方) 身份证号码:_____________________
买方:_______________(简称乙方) 身份证号码: _____________________
根据《中华人民共和国经济合同法》、《中华人民共和国城市房地产管理法》及其他有关法律、法规之规定,甲、乙双方在平等、自愿、协商一致的基础上,就乙方向甲方购买房产签订本合同,以资共同信守执行。
乙方同意购买甲方拥有的座落在______市_____区
________________________拥有的房产(别墅、写字楼、公寓、住宅、厂房、店面),建筑面积为_____平方米。(详见土地房屋权证第_______________号)
上述房产的交易价格为:单价:人民币________元/平方米,总价:人民币___________元整(大写:____佰____拾____万____仟____佰____拾____元整)本合同签定之日,乙方向甲方支付人民币 __________元整,作为购房定金。
付款时间与办法:
1、甲乙双方同意以银行按揭方式付款,并约定在房地产交易中心缴交税费当日支付首付款(含定金)人民币____拾____万____仟____佰____拾____元整给甲方,剩余房款人民币____________元整申请银行按揭(如银行实际审批数额不足前述申请额度,乙方应在缴交税费当日将差额一并支付给甲方),并于银行放款当日付给甲方。
2、甲乙双方同意以一次性付款方式付款,并约定在房地产交易中心缴交税费当日支付首付款(含定金)人民币____拾____万____仟____佰____拾____元整给甲方,剩余房款人民币____________元整于产权交割完毕当日付给甲方。
甲方应于收到乙方全额房款之日起____天内将交易的房产全部交付给乙方使用,并应在交房当日将_________等费用结清。
税费分担 甲乙双方应遵守国家房地产政策、法规,并按规定缴纳办理房地产过户手续所需缴纳的税费。经双方协商,交易税费由_______方承担,中介费及代办产权过户手续费由______方承担。
违约责任 甲、乙双方合同签定后,若乙方中途违约,应书面通知甲方,甲方应在____日内将乙方的已付款不记利息)返还给乙方,但购房定金归甲方所有。若甲方中途违约,应书面通知乙方,并自违约之日起____日内应以乙方所付定金的双倍及已付款返还给乙方。
本合同主体
1.甲方是____________共______人,委托代理人________即甲方代表人。
2.乙方是____________,代表人是____________.
本合同如需办理公证,经国家公证机关____ 公证处公证。
本合同一式 份。甲方产权人一份,甲方委托代理人一份,乙方一份,厦门市房地产交易中心一份、________ 公证处各一份。
本合同发生争议的解决方式:在履约过程中发生的争议,双方可通过协商、诉讼方式解决。
本合同未尽事宜,甲乙双方可另行约定,其补充约定经双方签章与本合同同具法律效力。
双方约定的其他事项:
甲方(公章)_________ 乙方(公章)_________
法定代表人(签字)_________ 法定代表人(签字)_________
_________年____月____日 _________年____月____日
购房合同编号查询篇六
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购房合同编号查询篇七
合同编号:
甲方(售房人):_____________________________________
乙方(买房人):_______________________________________
见证人:_____________________________________________
甲方自愿将其房屋出售给乙方,乙方也已充分了解该房屋具体状况,并自愿买受该房屋。该房屋具体状况如下:
(一)座落于______,建筑面积为______平方米(此面积不含地下室面积);
(二)出售房屋的所有权证证号为:________________________________
(三)房屋平面图及其四至见房产证:______________________________该房屋占用范围内的土地使用权随该房屋一并转让。该房屋的相关权益随该房屋一并转让。
甲方保证已如实陈述上述房屋权属状况和其他具体状况,保证该房屋不受他人合法追索。
乙方在___________________前付给甲方定金(人民币),(大写)_____________元,(小写)_____________元。上述定金在乙方最后一次付款时充抵房款在_______________时由甲方退还乙方。
该房屋协议价格为(人民币)(大写)_____________元,(小写)_____________元。房价款的支付方式和支付时间为:_____________
1、甲、乙双方定于_____________时正式交付该房屋;甲方应在正式交付房屋前腾空该房屋。
2、双方定于_____________前向有关部门申请办理相关附属设施和相关权益的更名手续。
4、甲方未按规定履行以上义务的,则按下列约定承担违约责任:
甲、乙双方确认,虽然房屋所有权证未作记载,但依法对该房屋享有共有权的权利人均已书面同意将该房屋出售给乙方。
甲、乙双方同意,在本契约生效后____日内,共同向房屋权属登记机关申请办理房屋所有权转移登记;并在乙方领取《房屋所有权证》后,按有关规定向土地管理部门申请办理该房屋土地使用权变更手续。该房屋土地使用权的变更手续按下列约定办理:
a、该房屋土地使用权为出让取得,其土地使用权证证载权利和相关出让合同的权利、义务一并转让给乙方。
b、该房屋土地使用权为划拨取得,根据有关规定,其转让需交纳土地出让金或土地收益金;双方约定,该费用由□甲方承担□乙方承担。(自行选择)
c、除本条
第二款已有约定外,办理以上手续应当缴纳的税费,由□甲、乙双方按国家规定各自承担□甲方承担□乙方承担。(自行选择)
甲、乙双方向房屋权属登记机关申请所有权转移登记,登记机关准予登记的,则双方提出申请的时间为该房屋权利转移时间。
该房屋毁损、灭失的风险自
a、房屋正式交付之日
b、权利转移之日起转移给乙方。(自行选择)
该房屋正式交付时,物业管理、水、电、燃气、有线电视、通讯等相关杂费,按下列约定处理:(可双方自行约定)
本契约未尽事宜,甲、乙双方可另行订立补充条款或补充协议。补充条款或补充协议以及本契约的附件均为本契约不可分割的部分。
本契约
a、自甲乙双方签订之日
b、自___________________之日起生效。(空白处可自行约定)
第十三条
甲、乙双方约定补充条款如下:
甲方(签章):___________________________
地址:_______________________________
现住址:_______________________________
联系电话:_______________________________
签约日期:_______________________________
乙方(签章):____________________________
地址:_________________________________
现住址:_______________________________
联系电话:______________________________
签约日期
购房合同编号查询篇八
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购房合同编号查询篇九
甲方(卖方):
乙方(买方):
甲、乙双方就房屋买卖事项,经协商一致,并经土地所有权人同意,达成以下合同条款:
一、甲方自愿将坐落在 房屋院落(包括:正房 间、厢房 间)出卖给乙方,并将与所出卖房屋相关的土地使用权同时转让给乙方。该院落具体位置为:
东邻:
西邻:
南邻:
北邻:
登记长度为: 米、宽度为 米,面积共 平米。
二、该院落相关的附属物同时全部转让,附属物包括:
三、、双方议定上述房地产及附属建筑物总价款为人民币大写 ;即人民币小写 元。乙方在合同生效时一次性付清。
四、甲方应在 前将该房屋交付乙方;届时该房产应无任何担保、抵押、房产瑕疵,无人租住、使用;无欠账,如电话费、水电费、物业管理费、取暖费、入网费、有线电视费等。
五、本合同生效后,一方如不能按规定交付房产或按规定支付房款,每逾期一日,应向对方支付五十元违约金。
六、甲方保证该房产合法、权属清楚、有合法的土地使用权。并已经取得全部共有人的一致同意。若因产权、使用权或其他产权原因而导致乙方无法正常使用,甲愿意赔付乙方全部转让款、房屋的改造、建造、装修等费用及土地增值部分。
七、合同生效后甲方有配合乙方办理相关产权证照转移义务,如因政府原因确实无法办理产权转移手续,甲方须把相关证件交乙方保存。如遇政府征地拆迁,该院落的拆迁利益(包括拆迁补偿款、回迁房等)全部归乙方所有。
八、其它:
1.本协议未尽事宜须经双方协商解决,并签订相应的补充协议。
2.本协议经甲乙双方签字、盖章,村委会签字盖章后生效。
3.本协议电脑打印一式三份,各方各执一份。
甲方(卖方):(印)
身份证号:
住址:
电话:
年 月 日
乙方(买方):(印)
身份证号:
住址:
电话:
年 月 日
村委会意见:
村委会盖章: 年 月 日
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购房合同编号查询篇十一
甲 方:
乙 方:
甲方因 需要 ,特向乙方申请借款。根据《中华人民共和国合同法》及相关法律法规,乙方经审核同意向甲方提供本合同项下借款,经双方协商一致,签订本合同,购房借款合同一经签订即具有法律效力,双方必须严格履行。
一、借款金额、时间
第一条、 本次借款用于买房,共计人民币:
第二条、 总计人民币(大写):
第三条、 本合同借款自 年 月 日起成立
二、借款利率
第四条、本合同利率现为现行公积金借款年利率 3.75% 。本合同利率,不受国家法定利率的调整而影响。
第五条、具体还款明细见附件
三、借款偿还
第六条、本合同项下的借款本息,采取有钱即还款方式,由罗菁监督,还款金额由乙方签字生效。
四、违约责任
第七条、乙方有权终止借款合同,并向甲方追偿,或依法处分其下房产。 五、附则
第八条、本合同及其附属的任何修改、补充均须经双方协商一致并订立书面的协议方为有效。
第九条、本合同经双方当事人签名后生效,至甲方将本合同项下全部款项清偿时终止。
第十条、本合同正本一式贰份,合同双方各执一份。
甲方(公章):_________ 乙方(公章):_________
法定代表人(签字):_________ 法定代表人(签字):_________
_________年____月____日 _________年____月____日
购房合同编号查询篇十二
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购房合同编号查询篇十三
抵押权人:(贷款人)
抵押人: (借款人)
担保人: (担保人)
抵押权人与抵押人于20 年 月 日会同担保人签订本按揭贷款合同范本(下称“合同”),抵押人同意以其与担保人签订之房产买卖合同项下之全部权益抵押予抵押权人,赋予抵押权人以第一优先抵押权,并愿意履行合同全部条款;抵押权人向抵押人提供一定期限抵押贷款,作为抵押人购置抵押物业之部分楼款。担保人同意承担该笔贷款之担保责任。
经三方协商,特订立本合同,应予遵照执行。
一、贷款金额 币 元整。抵押人必须将此笔贷款全部以抵押人购楼款名义,存入售房单位账户。
二、贷款期限从 年 月 日至 年 月 日共 月。
三、贷款利率:月息 ‰。如遇国家利率调整,贷款利率相应调整。
一、本合同项下之贷款本金及其相应利息以分期付款等额偿还的方式还本付息。期数___________每期应缴付本_________息__________(不包括利率调整带来之应缴金额变动),首期还款日_______________。
二、抵押人必须在抵押权人处开立存款账户。抵押人对与本抵押贷款有关之本息和一切费用,可照付该账户,若因此而引致该账户发生透支,概由抵押人承担偿还之责。
三、如果抵押人未能按规定及时缴付本息时,抵押人必须立即补付期款及逾期利息。抵押权人有权在原利率基础上,向抵押人加收20%以上的罚息。抵押人所欠利息,按日累积计收。
一、抵押人自愿提早缴付本合同规定之部分或全部款项时,需提前1个月以书面形式通知抵押权人并经认可,且应给予抵押权人相等于该部分或全部款项1个月利息之补偿金。
二、在下列所述之任何情况下,抵押权人有权要求抵押人立即提前清还部分或全部实际贷款额,及(或)立即追讨担保人。
1.抵押人及(或)担保人违反本合同之任何条款。
2.抵押人及(或)担保人有不正当或违法经营。
3.抵押人及(或)担保人发生任何之重大变化而影响其履行本合同条款能力。
4.抵押人舍弃抵押房产。
一、抵押贷款手续费:抵押人应按贷款金额的3‰缴付手续费,在贷款日一次性付清。抵押权人在任何情况下都不予退还该笔手续费。
二、抵押贷款文件及保管费:抵押人在贷款日一次性付¥100元整。
三、公证费用及抵押登记费用:有关本合同所涉及之公证及抵押等费用,全部由抵押人支付。
四、由于抵押人及/或担保人的原因引致抵押权人采取正当行为而引起的费用,概由抵押人及(或)担保人负责偿还,且该项费用自发生之日起至收到之日止,同样按日累积计收利息。
一、本合同项下的房产抵押是指抵押人与担保人签订之“房产买卖合同”内抵押人全部权益抵押,包括:
1.房产物业建筑期内(售房单位发出入住通知书日期之前)抵押人之权益抵押。
2.售房单位发出入住通知书后抵押人之房产物业抵押(见附表)。
二、抵押房产物业登记:
1.物业建筑期之购房权益抵押应向××市房地产权登记处办理抵押备案。抵押人之“房产买卖合同”及由售房单位出具之“已缴清楼价款证明书”等交由抵押权人收执和保管。
2.物业建成入住即办理房产物业抵押登记,抵押物业之《房产权证书》由担保方负责办妥并交由抵押权人收执和保管。
三、抵押房产物业的保险
1.抵押人须在规定时间内,到抵押权人指定的保险公司并按抵押权人指定的险种投保。保险标的为本合同项下之抵押房产。投保金额不少于重新购置抵押房产金额之全险。在贷款本息还清之前,抵押人不得以任何理由中断保险,否则由此引起的一切费用及损失,概由抵押人承担。
2.保险单上必须注明抵押权人为保险第一受益人,且不得附有任何有损于抵押权人权益和权力的限制条件,或任何不负责赔偿之金额(除非经抵押权人书面同意),保单正本由抵押权人执管。
3.若上述保险赔偿金额数,不足以赔付抵押人所欠抵押权人的欠款时,抵押权人有权向抵押人及/或担保人追偿,直到全部收回。
4.倘该房产在本合同有效期内受到损坏,而保险公司认为修理损坏部分符合经济原则者,则保单项下赔偿金将用于修理损坏部分。
四、抵押之解除:
该抵押人依时清还抵押权人一切款项,并履行合同全部条款及其他所有义务后,抵押权人即须在抵押人要求及承担有关费用之情况下,解除在抵押合同中对有关抵押房产的抵押权益,并退回抵押物业之“房产权证书”及“房产买卖合同”,另具函×××市房地产产权登记处将该项抵押物之抵押登记予以注销。
五、抵押物之处分:
1.抵押人逾期30天仍未清缴全部应付款项或抵押权人按本合同规定要求抵押人立即提前归还部分或全部欠款而不得时,抵押人即可通过拍卖、转让、出租抵押物等形式行使其处分抵押物这权力。
2.抵押权人处分抵押物所得价款在依次扣除处分该抵押物而支出的一切费用、所欠之一切税款及抵押人根据此合同一切应付之费用及杂费后,扣还抵押人所欠贷款及应付利息。如有余款,抵押人将其退还抵押人或其它有权收取之士,如不足,抵押权人有权另行追索抵押人及/担保人。
3.抵押权人于运用其权力及权利时,而令抵押人受到不能控制之损失,抵押权人概不负责。
抵押人在遵守本合同其他条款的同时,还作声明及保证如下:
1.向抵押权人提供一切资料均真实可靠无任何伪造和隐瞒事实之处。
2.未经抵押权人同意,抵押人不得将上述抵押房产全部或部分以任何形式处置。如上述抵押房产之全部或部分发生毁损.不论何原因所致,亦不论何人之过失.均由抵押人负全部责任并向抵押权人既偿由此引起的一切损失。
3.抵押人将抵押房产出租必须书先征得抵押权人书面同意,且租约内必须计明:抵押人背约时,由抵押权入发函日起计_________个月内,租客即须迁出。
4.如担保人代抵押人偿还全部欠款,抵押人同意抵押权人将抵押物业权益转给担保人,担保人有权以任何形式处分抵押物,并对抵押人有追索权,抵押人对担保人则没有反索权。
5.按照抵押权人合理之请求采取一切措施及签订一切有关文件,以确保抵押权人之合法权益。
一、担保人是中华人民共和国的企业法人,是本合同项下抵押权益之房产买卖合同的卖方,也是本合同项下贷款抵押人的介绍人及担保人,承担无条件及不可撤销担保责任如下:
1.担保额度:以本合同项下贷款本息及与本合同引起有关之诉讼费用为限。
2.担保期限:以本合同生效日起至担保人交付房产,发出入伙通知书和办妥房产权证并交与抵押权人止。
二、担保人保证按抵押权益之房产买卖合同的要求,准时、按质完成抵押物业的建造工程,抵押权人对此不负任何责任。
一、对本合同任何条款,各方均不得以口头形式或其它形式修改、放弃、撤销或终止。
二、在本合同履行期间,抵押权人对抵押人任何违约或延误行为施以的任何宽容、宽限或延缓履行本合同享有的权益和权力,均不能损害、影响或限制抵押权人依本合同和有关法律规定的债权人应享有的一切权益和权力。
三、本合同不论因何种原因而在法律上成为无效台同、或部分条款无效,抵押人和担保人仍应履行一切还款责任。若发生上述情况,抵押权人有权终止本合同,并立即向担保人和抵押人追偿欠款本息及其它有关款项。
四、抵押权人向抵押人和担保人讨还欠款时,只须提供抵押权人签发之欠款数目单(有明显错误者树则,即作为抵押人和担保人所欠之确数证据,抵押人和担保人不得异议。
五、未尽事宜,按照《_________省抵押贷款管理规定》、《_________商品房产管理规定》及有关法规执行。 第十一条 本合同按中华人民共和国法律订立,并受其保障。
一、本合同须由三方代表签字,并经_________市公证处公证。
二、本合同以抵押权入贷出款项之日期作为合同生效日。
三、本合同内所述立附表一、二,抵押贷款申请书,借款借据及抵押人与担保人所签订之房产买卖合同为本全约不可分割之一部分。
四、本合同用中文书写,一式五份,均具有同等效力,抵押人、抵押权人、担保人各执一份,公证处、登记处各存档一份。
抵押人(盖章):_________ 抵押权人(盖章):_________
代表人(签字):_________ 代表人(签字):_________
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签订地点:_________ 签订地点:_________
担保人(盖章):_________ 代表人(签字):_________
_________年____月____日 签订地点:_________
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购房合同编号查询篇十六
卖方:_______________(简称甲方)身份证号码:_____________________
地址:__________________________________________________________
买方:_______________(简称乙方)身份证号码:_____________________
地址:__________________________________________________________
根据《中华人民共和国经济合同法》、《中华人民共和国城市房地产管理法》及其他有关法律、法规之规定,甲、乙双方在平等、自愿、协商一致的基础上,就乙方向甲方购买房地产签订本合同,以资共同信守执行。
乙方同意购买甲方拥有的座落在______省______市______区________________拥有的房地产(住宅),该房地产建筑面积为______平方米。
上述标的房地产的交易价格为:单价:人民币________元/平方米,总价:人民币___________元整(大写:____佰____拾____万____仟____佰____拾____元整)
(一)甲乙双方同意以一次性付款方式付款,本合同签定之日,乙方向甲方支付人民币__________元整,作为购房定金。并约定在本合同签订之日起______日内支付首付款(含定金)人民币____拾____万____仟____佰____拾____元整给甲方,剩余房款人民币____________元整于产权交割完毕当日付给甲方。
(二)甲方应于拿到房产证之日起____天内和乙方办理房屋产权过户手续,并应在产权过户手续办完当日将_________等费用结清。
(三)税费分担甲乙双方应遵守国家房地产政策、法规,并按规定缴纳办理房地产过户手续所需缴纳的税费。经双方协商,一切交易税费由_______方承担。
甲、乙双方合同签定后,若乙方中途违约二手房居间合同范本,应书面通知甲方,甲方应在____日内将乙方的已付款(不记利息)返还给乙方,但购房定金归甲方所有。若甲方中途违约二手房买卖协议范本,应书面通知乙方,并自违约之日起____日内应以乙方所付定金的双倍及已付款返还给乙方。
1.甲方是____________共______人。
2.乙方是____________共______人。
本合同一式两份,甲乙双方各一份。
本合同发生争议的解决方式:在履约过程中发生的争议,双方可通过协商、诉讼方式解决。
本合同未尽事宜,甲乙双方可另行约定,其补充约定经双方签章与本合同同具法律效力。
本房屋产权过户只能是甲方和乙方之间过户,否则乙方将另加______万元的费用给甲方,即总房款为______万元。
双方约定的其他事项:___________________________________________________
______________________________________________________________________________________
_________________________________
出卖方(甲方)_________________(手印) 身份证号码:__________________
地 址:___________________ 邮 编:___________________
电 话:___________________ ;
购买方(乙方)__________________(手印) 身份证号码:__________________
地 址:___________________ 邮 编:___________________
电 话:___________________
鉴证日期:_______年____月____日
购房合同编号查询篇十七
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购房合同编号查询篇十八
1.建筑容积率
建筑容积率是指小区规划建设用地范围内全部建筑面积与规划建设用地面积之比。附属建筑物也计算在内,但应注明不计算面积的附属建筑物除外。房地产商不是根据小区的土地面积而是根据建筑容积率缴纳土地出让金,人防工程属国家所有,不计算建筑容积率。房地产商为了少交土地出让金,往往也不把地下车库算入建筑容积率。建筑密度不同于建筑容积率,它是指小区所有建筑基底面积之和与规划建设用地之比。规划建设用地面积是指小区用地红线范围内的全部土地面积,包括建设区内的道路面积、绿地面积、建筑物(构筑物)所占面积、运动场地等等。
2.绿化率
房地产商通常在广告中使用绿化率一词,根据园林专家介绍,这也是一个不准确、不规范的用词。在国家关于园林绿化的用语中,准确的应为“绿地率”和“绿化覆盖率”两种叫法。绿地率是指小区用地范围内各类绿地的总和与小区用地的比率。距建筑外墙1.5米和道路边线1米以内的土地和地表覆土达不到3米深度的土地,不管它们上面是否有绿化,都不计入绿地面积。绿化覆盖率是指绿化垂直投影面积之和与小区用地的比率。树的影子、露天停车场可以中间种草的方砖都可算入绿化覆盖率,所以绿化覆盖率有时能做到60%以上。购房人要注意房地产商在销售楼盘时宣传的绿化率实际不少是绿化覆盖率。
签订商品房买卖合同时,最好使用建设部和国家工商行政管理总局制订的《商品房买卖合同示范文本》。由于《示范文本》是政府机关制订的,较好地平衡了开发商和购房人的权利和义务关系,因此,采用《示范文本》签订合同有利于保护购房人的合法权益。但切不可认为采用《示范文本》就万事大吉,即使采用《示范文本》签订商品房买卖合同,购房时也应注意以下几个问题。
在目前商品房交易过程中,许多开发商在与购房人签订正式商品房买卖合同前,要求购房人签订认购书,交纳认购款。开发商要求购房人签订认购书一般两种情况:一种情况是开发商所销售房屋倘未取得预售许可证,以向内部职工认购的名义进行销售,俗称内部认购;另一种情况是开发商已取得预售许可证或者销售的是现房,开发商为购房人保留预订的房屋,作为交换,要求购房人签订认购书,并交纳一定数额的认购款,如果在规定的时间里,购房人不想购买该房屋,就可能无权要回所交纳的认购款。
第一种情况的认购书
由于我国《城市房地产管理法》和《商品房销售管理办法》都明确规定,在未取得预售许可证前,是不能预售商品房的,而依据我国《合同法》第52条的规定,违反法律和行政法规的强制性规定的合同无效,因此第一种情况的认购书在法律上是无效的。但最高人民法院于20xx年4月28日公布,于20xx年6月1日起施行的《关于审理商品房买卖合同纠纷案件适用法律若干问题的解释》(以下简称《最高法院解释》)第2条规定:出卖人未取得商品房预售许可证明,与买受人订立的商品房预售合同,应当认定无效,但是在起诉前取得商品房预售证明的,可以认定有效。根据该条规定,在取得预售许可证之前所签订的认购书,如果开发商在购房人起诉前仍未取得预售许可证,该认购书肯定是无效的;如果开发商在购房人起诉前取得预售许可证,那么该认购书的地位将和开发商已取得预售许可证或者销售的是现房的情况一样,即和下面要讨论的第二种情况的认购书的性质相同。
第二种情况的认购书,需要看认购书是否满足了合同成立的要件,主要是看合同条款是否完备。
《最高法院解释》第5条规定:商品房的`认购、订购、预订等协议具备《商品房销售管理办法》第十六条规定的商品房买卖合同的主要内容,并且出卖人已经按照约定收受购房款的,该协议应当认定为商品房买卖合同,肯定具有法律效力。但是实践中大多数认购书都不具备《商品房销售管理办法》第十六条规定的商品房买卖合同的主要内容,这些认购书的法律效力如何?《最高法院解释》并未作明确规定,笔者认为不能从《最高法院解释》第5条的规定,反推出不具备《商品房销售管理办法》第十六条规定的商品房买卖合同主要内容的认购书,就必然没有法律效力。但是如果认购书仅规定了房号、面积和价格等条款,那么该认购书未满足合同应具备的基本条款,不具有法律效力。
在商品房买卖过程中,开发商除和购房人根据《示范文本》所订立的商品房买卖合同外,还要求购房人签订一份补充协议,该补充协议的内容很多,由开发商的专业律师事先拟订好。这种补充协议常包含许多对购房人不利的条款,如交房时间的确定、不可抗力条款的解释、共有面积的确定分摊、关于基础设施和公共配套建筑的开发利用等方面,甚至包含许多针对开发商的免责条款。比如有些开发商在补充协议中规定:“政府部门有关文件批准的延迟、市政配套批准及安装的延误,导致开发商不能按期交付房屋,开发商有权按实际影响的时间而相应延迟交付房屋,而不用承担延迟交付房屋的责任。”由于补充协议大多含有建筑、房地产、法律等专业术语,一般购房人很难完全搞懂。因此,购房人不要急于和开发商签订补充协议,先将补充协议拿回来,找专家进行咨询,将补充协议中不合理的地方找出来,并对其进行修改。同时由于补充协议是由开发商拟定的,保护购房人的条款很少,因此,应在专家的指导下,在补充协议中增加保护购房人的条款。如果开发商不能满足购房人以上的合理要求,那么,购房人最好不要和开发商签订补充协议。
开发商为宣传、推销其商品房,一般都散发售楼书,发布商品房销售广告,作出不少许诺。从法律角度来说,售楼书,广告等都是开发商向不特定的对象发放的用以介绍其商品房的文字、图片材料,主要是为了美化商品房形象、优势,远不具备商品房买卖合同的基本条款。此类广告法律上一般视其为要约邀请,不能直接成为合同的内容。对于开发商的虚假广告行为,购房人虽不能依据合同追究开发商的违约责任,但可以追究开发商发布虚假广告的责任。根据《广告法》第37、38条规定,发布虚假广告,欺骗和误导消费者,使购买商品或者接受服务的消费者的合法权益受到损害的,不仅要承担行政违法责任,而且要依法承担民事责任。因此,购房人发现受了虚假售楼书或广告的欺骗和误导,就要及时向政府有关管理机关举报,申请予以查处,或诉请人民法院要求责任方赔偿损失。
同时,国家工商行政管理总局发布的《商品房广告发布暂行规定》也对房地产广告所应遵循的原则、事项以及禁止出现的内容作了规定,购房人也可根据该暂行规定检查销售广告问题。不过为了避免不必要的麻烦,购房人最好在签订合同时,要求开发商将广告承诺的内容写入双方协议中,使其成为合同内容的一部分,以便在广告名不副实时告开发商违约。
目前在商品房销售过程中,开发商都要设置样板房或样板间。购房人入住后,发现房屋和样板房有差距,当购房人要求退房时,开发商却认为样板房不是“样本房”或“样品房”,设置的目的是为了推销商品房。在购房合同中并没有约定商品房与样板房不一致时,购房人有权退房,因此购房人无权要求退房。事实并不如此。《商品房销售管理办法》第31条明确规定,开发商设置样板房的,应当说明实际交付的商品房质量、设备及装修与样板房是否一致,未作说明的,实际交付的商品房应当与样板房一致。开发商未作说明,致使购房人因重大误解而订立商品房买卖合同的,购房人可以根据《合同法》关于重大误解的规定,请求人民法院或者仲裁机构变更或撤销购房合同(变更还是撤销购房合同由购房人进行选择)。
有些购房人认为,商品房竣工后已经过政府主管部门组织的竣工验收,验收合格后才允许交付使用,因此商品房不应当出现质量问题。而且根据有关法律规定,开发商在交付商品房时,应同时向购房人交付《住宅质量保证书》和《住宅使用说明书》,这两书已对商品房质量的细节作了规定,是购房合同的重要组成部分,因此也就没有必要在合同中约定商品房的质量问题。但事实并非如此。
商品房竣工验收,是以抽查的方式进行验收,因而不能保证每一套商品房的质量都合格。而且竣工验收的质量标准和购房人所希望的质量要求也可能有差距。至于《住宅质量保证书》和《住宅使用说明书》关于房屋质量的规定,都是由开发商拟订,侧重保护开发商的利益,因此有必要在购房合同中约定房屋的质量问题。
根据《最高法院解释》第12条和第13条第1款的规定,在下列情况下,购房人因为房屋质量问题,有权要求解除合同并要求赔偿损失:房屋主体结构质量不合格,不能交付使用;房屋交付使用后,房屋主体结构质量经检验确属不合格;因房屋质量问题严重影响正常居住使用。《最高法院解释》第13条第1款规定:交付使用的房屋存在质量问题,在保修期内,出卖人应当承担修复责任;出卖人拒绝修复或者在合理期限内拖延修复的,买受人可以自行或者委托他人修复。修复费用及修复期间造成的其他损失由出卖人承担。
总之,你在签订商品房买卖合同时,不要着急,尽可能多咨询一些专业人士,这样才能签订一份权利、义务对等的商品房买卖合同。