出售方：（以下簡稱“甲方”） Seller: （hereinafter “Party A”）
買受方：（以下簡稱“乙方”） Buyer: (hereinafter “Party B”)
居間方：（以下簡稱“丙方”）Broker：（hereinafter “Party C”）
With the introduction of Party C, Party A and Party B enter into the agreement concerning the transfer of ____ Suite and its ancillary carport located at ____ of _____ Alley, _____Avenue _____District of Shanghai (hereinafter as “Real Estate”) detailed as follows (“√” shall be filled in the corresponding“□”, if appropriate):
一、該房地產基本情況 BASIC INFORMATION
Certificate of title to this real estate is numbered as ____ with floor space of ____ m2 and the related carport are ____ m2.
2、 該房地產 □ 已 □ 未設定抵押。
Mortgage is made on this real estate: □ Yes □ No.
3、 該房地產 □ 已 □ 未出租。若該房地產已出租，則甲方應保證承租人已經放棄優先購買權，若因承租人之優先購買權引發糾紛，則甲方愿意承擔全部法律責任。
This real estate has been leased: □ Yes □ No. If “Yes”, Party A shall guarantee that lessee has waived the right of preemption. Any and all legal liabilities arising out of or in connection with the exercise of such rights by lessee shall be borne by Party A.
If the title of this real estate mentioned above is not clearly indicated or is incorrect, information listed in the register of Shanghai Real Estate Office shall be applied.
* PARTY A GUARANTEES THAT IT HAS FULL AND CLEAR OWNERSHIP TO THIS REAL ESTATE, WHICH IS FREE OF ANY DISPUTE REGISTERED, UNILATERAL ADVANCED REGISTRATION, JUDICIAL OR ADMINISTRATIVE ATTACHMENT OR OTHER EVENTS RESTRICTING TRADES.
. TRANSFER PRICE AND DEPOSIT, OPTION OF PAYMENT
Party A and Party B expressly agree that the total transfer price of this real estate is CNY ________ inclusive of transfer price of carport as CNY _______.
□ 甲乙雙方明確并同意，下述所指的甲方收取的款項性質系 □定金 □房款。甲乙雙方明確并知曉，下述款項的性質決定了本協議項下甲乙雙方法律責任的適用。*對于款項性質的選擇適用，丙方已向甲乙雙方進行充分解釋和說明。
Party A and Party B expressly agree that the following payment received by Party A is □ Deposit or □ Sales Prices. The Parties hereto acknowledge and understand that their respective legal liabilities are determined by the characteristics of following payment. * PARTY C HAS MADE FULL INTERPRETATION AND EXPLANATION TO PARTY A AND PARTY B CONCERNING THE CHARACTERISTICS OF FOLLOWING PAYMENT.
□乙方于簽署本協議時，支付誠意金人民幣__________________ _元至居間方，并委托居間方與甲方洽談；若甲方接受交易條件并簽署本協議的，則乙方委托居間方將誠意金轉交給甲方作為款項。若至_ ___年_____月____日，甲方仍未簽署本協議的，則乙方有權至居間方處無息取回誠意金；若乙方未按時取回誠意金，則視為繼續委托居間方與甲方洽談。
Party B agree that it shall pay Earnest Money as CNY ________ to Party C at this contract date and entrust Party C to negotiate with Party A; if Party A accept and sign this contract, Party B may authorize Party C to transfer such Earnest Money to Party A as deposit; provided, however, Party B may require the repayment of Earnest Money free of interests by Party C if Party A fail to sign this contract prior to ___________. In such event, it shall constitute that continue entrustment has been granted to Party C if Party B fail to take such Earnest Money in due time.
upon the acceptance and conclusion of this contract, Party A shall take such deposit and authorize Party C to keep the same on its behalf until the commencement date of sales contract.
Party B shall pay CNY ______ to Party A directly as deposit at this contract date.
□ 甲方同意在本合同簽訂后 日內，乙方向甲方支付款項人民幣 元，該款項由乙方或乙方授權的其他
Party A agree that Party B may pay CNY __________ to it as deposit within ______ days from this contract date. Such deposit shall be paid in cash by Party B or its designee or made through T/T to the following bank account affirmed by Party A:
戶名：__________ 賬號：_________ 開戶行：__________ 甲方確認：_________
Account Holder: _______ Bank Account: _________ Bank Name: _________ Affirmed by Party A:
三、買賣交易細則 SALES RULES
The total transfer price of this real estate is CNY ________ inclusive of transfer price of carport as CNY _______.
2) 雙方同意按以下方式支付款項：Such transfer price shall be made in installments as follows:
The first installment shall be made to Party A by Party B as CNY ________ (inclusive of deposit) within ______ days from commencement date of Sales Contract for the Real Estate Located in Shanghai City (“Sales Contract”).
The second installment as CNY ______shall be made to Party A by Party B prior to ______.
第三筆房款：可按以下情況選擇支付方式：The third installment may be made as follows:
□ 乙方通過銀行按揭貸款的方式向甲方支付第三筆房款人民幣_______元，該款項由 銀行在取得抵押人為乙方的他項權利證明后直接劃入甲方帳戶。若銀行審批不足乙方申請額度的，乙方應于辦理該房地產過戶手續之日前以現金形式向甲方補足。
CNY _________ as third installment shall be made to Party A by Party B through bank mortgage loans, which shall be directly paid to Party A′s bank account upon the certificate evidencing Party B as mortgagor has been presented to the lending bank, provided, however, if loans acquired in this way fail to fully pay such third installment, Party B shall pay the balance in cash prior to the transfer date of this real estate.
Party A and Party B agree to fulfill the transfer formalities for this real estate before Real Estate Trading Center and Party B shall pay Party B CNY ______ within _____days upon the certificate issued by real estate register has been received.
The fourth installment as CNY ______ shall be paid
To Party A by Party B at the date on which the transfer formalities of this real estate has been fulfilled; or
Any other related payment as CNY __ (if any) shall be made to Party A by Party B prior to ____ .
to Party A by Party C upon the receipt of Deed of Transfer if, as agreed by Party A and Party B, CNY _______ equal to such fourth installment has been delivered to Party C for escrow until the full fulfillment of transfer formalities.
□關于付款的補充約定： Supplementary provisions:
Loans and Mortgage. If any due mortgage loans fail to be paid by Party A, Party A and Party B expressly agree that the following provisions shall be applied:
□ 乙方支付甲方的上述第____ 筆房款優先用于甲方償還銀行的按揭貸款，余額不足由甲方自行補足。甲方應于雙方訂立買賣合同后5個工作日內向銀行提出還款申請，并依銀行規定的時間足額結清貸款。甲方應在銀行出具抵押注銷材料后5個工作日至房地產登記處辦理該房產的抵押登記注銷手續。
The ______ installment mentioned above shall firstly be used to pay such mortgage loans, any balance arising there-from shall be paid by Party A independently. Party A shall, within 5 business days upon the conclusion of sales contract, make application to lending bank for repayment of loans, and shall make full repayment within time limit required by such bank. In addition, Party A shall, within 5 business days upon the issuance of certificate evidencing the cancellation of mortgage, fulfill the formalities for the revocation of mortgage registration before the competent real estate register.
□ 轉按揭：在抵押權人及乙方貸款銀行允許的情況下，雙方依照銀行轉按揭流程的規定辦理。為辦理轉按揭需要，甲乙雙方應根據轉按揭銀行及轉按揭擔保機構的要求盡相應的配合義務，并同意根據要求對部分房款進行監管。銀行轉按揭所產生的費用由：□ 甲方承擔 □ 乙方承擔 □ 甲、乙雙方各半承擔。
Subject to the permission of mortgagee and the lending bank of Party B, Party A and Party B shall fulfill the formalities for Mortgage Transferring in accordance with the bylaws of the corresponding bank. For the purpose of such Mortgage Transferring, the Parties hereto shall provide cooperation in accordance with the instructions issued by the related bank and Guarantee Institutes, and shall agree to make supervision on the transfer prices. Any and all costs and expenses arising out of or in connection with such Mortgage Transferring shall be borne by □ Party A □ Party B □ Party A and Party B in equal proportions.
Transfer. Within _____ days upon the revocation of mortgage registration for this real estate (if any) and the loans acquired by Party B therefore (if any) satisfying the applicable requirements after the review of related bank (in no event late than _______), Party A and Party B shall fulfill the transfer formalities before the trading center of that district where this real estate is located.
甲方于□收到乙方全部轉讓款項當日at the date on which all transfer prices,
at the date on which the formalities for transfer of this real estate have been fulfilled by Party A and Party B,
prior to ______________, Party A shall deliver this real estate to Party B and the Certificate of Transfer and Handover shall be concluded by the Parties therefore. Property Management Fees and Utilities Expenses arising out of or in connection with this real estate shall be borne by Party A prior to such delivery, or shall be borne by Party B upon such delivery.
Maintenance Fund. The maintenance fund has been included in the transfer prices without additional charges.
Fees for the installation of equipments or facilities for the supply of water, electricity, gas or cable TV services and other applicable costs and expenses
□ have been included in transfer prices without additional charges; or
□ shall be paid to Party A by Party B as CNY _______ at the fulfillment of transfer formalities.
Charges or expenses related to the fixtures and ancillary equipments & facilities of this real estate, as well as the prices of home appliances and furniture agreed by the Parties, have been included in the transfer price and Party A guarantee that all such ancillary equipments & facilities may work properly, all interior decorations thereof satisfy the conditions provided herein and the sewage is free-flowing.
6） 戶口遷移：若在該房屋地址上有戶口登記的，且無論該戶口是否與甲方關聯，甲方應于 □ 辦理該房地產過戶手續之日前；
Household Relocation. If any household registration is made by virtue of this real estate, whether or not related to Party A, Party A shall,
□ Prior to the fulfillment of formalities for the transfer of this real estate; or
□ Prior to _________, Revoke any and all such registration.