DEPOSIT CONTRACT (for the use of pre-sale of property)

Transcription

1 Note: This English version is only a translation of the Chinese version, and is provided for reference only. In the event of any conflict or discrepancy between the Chinese and English versions, the Chinese version shall (for all intents and purposes) prevail and be treated as the correct version. DEPOSIT CONTRACT (for the use of pre-sale of property) Premises Code: Party A: (Vendor): Shanghai Fu Xiang Property Co. Ltd. Address: 26A, Shui On Plaza, 333 Huai Hai Zhong Road Postal Code: Legal Representative: Contact No.: Party B: (Purchaser): Address: Postal Code: Name of Identity Document: No.: Contact No.: Party A and Party B on the basis of voluntariness, equality and integrity, and upon consensus after negotiation, entered into this Contract in respect of the commodity property of " Casa Lakeville ". Clause 1 Party B pre-purchases the premises situate at Room Block Floor " " (hereinafter called "the Premises"). Party A has already obtained the Pre-sale Permit (Certificate No.: ). The construction area of the Premises is square meter, which is surveyed by authority of surveyor. The Premises shall be handed over on 30th September Clause 2 The unit Purchase Price of the Premises which Party B pre-purchases is RMB per square meter of construction area. The total Purchase Price of the Premises which Party B pre-purchases is RMB. The payment method Party B chooses to pay is. Clause 3 1

2 Party B agrees, at the time of signing of this Contract, to pay the Deposit in the sum of RMB, being the guarantee of the pre-sale of the Premises between Party A and Party B. The Deposit paid by Party B shall become part of the Purchase Price upon the signing of the Commodity Property Pre-sale Contract. Clause 4 Party A and Party B agree that, the period of the pre-purchase of the Premises is days. Party B shall sign the "Shanghai Municipal Commodity Property Presale Contract" with Party B before at. Clause 5 Party A agrees that all the advertisements, brochures, layout plans stated in the sample, structure, quality of the construction, decoration standard and ancillary facilities, supporting facilities etc will be included in the Schedule of the Pre-sale Contract. Clause 6 Within the time limit set out in Clause 4 in this Contract, save and except for situation as set out in Clause 7 and Clause 8, if Party A refuses to sign the Commodity Property Presale Contract, Party A shall return twice of the Deposit; if Party B refuses to sign the Commodity Property Pre-sale Contract, Party B shall not be entitled to demand the return of the Deposit. Clause 7 If Party B refuses to sign the Commodity Property Pre-sale Contract in any one of the circumstances below, Party A shall return the Deposit in full. 1. At the time of the signing of the Commodity Property Pre-sale Contract by Party A and Party B, disputes arise and the parties fail to come into consensus in respect of the handling of the discrepancy in the construction area, handover of the Premises, quality of the Premises, breach of duty or disagreement as to method of the dispute resolution; 2. After the signing of this Contract by Party A and Party B, but before the signing of the Commodity Property Pre-sale Contract, the land use right of the Premises is restricted by the judiciary and administrative authority according to law. Clause 8 If Party B refuses to sign the Commodity Property Pre-sale Contract in any one of the circumstances below, Party A shall return twice of the Deposit to Party B:- 1. Party A fails to observe the stipulations in pursuant to Clause 2 and Clause 5 of this Contract; 2

3 2. Party A fails to notify Party B that the Premises is subject to the mortgage, prelease or seizure before signing of this Contract. Clause 9 This Contract consists of --- copy, Party A and Party B holds --- copy respectively., holds 1 copy respectively. Party A: (signature) Party B: (signature) Supplementary Conditions to the Deposit Contract Party A and Party B make the supplementary conditions below upon negotiation: 1. Supplemental to clause 1 of this Contract: The handover date shall be postponed if Party B fails to pay the Purchase Price of the Premises or any other payment payable within the prescribed time limit. 2. Supplemental to clause 2 this Contract: (1) If Party B pays the Further Deposit by way of mortgage loan, Party B shall, before the date of signing of the Property Pre-sale Contract, supply all the necessary documents to the mortgagee bank and process all the necessary formalities (include signing of the mortgage contract and payment of all relevant charges). (2) If Party B shall pay the Initial Deposit and other relevant charges on the day of signing of the Commodity Property Pre-sale Contract, the method of payment shall be calculated as follows:- One off payment: The Initial Deposit shall be % of the Total Purchase Price after deducting the Deposit, the balance shall be payable within days after the signing of the Pre-sale Contract. By Mortgage: The Initial Deposit shall be the balance of the Total Purchase Price after deduction of the Deposit and the mortgage money. Such balance shall be payable within days after signing of the Pre-sale Contract. 3. Amendment to clause 5 of this Contract: All the advertisements, brochures, samples, models announced by or provided by Party A are for reference only. The layout plan, structure, quality of construction, standard of decoration and ancillary facilities and supporting facilities, configuration of adjoining land contained in the Property Pre-sale Contract signed by both parties shall prevail. 3

4 4. Supplemental to clause 6 of this Contract: Upon occurrence of any of the following events on the agreed date for signing of the Commodity Property Pre-sale Contract, Party B shall be deemed to have refused to sign the Commodity Property Pre-sale Contract, and Party B shall not be entitled to claim for the refund of the Deposit against Party A. In that case, Party A shall have the right to sell the Premises to other person: (1) All or part of Party B fails to attend at the place of signing of the Pre-sale Contract; (2) Party B fails to tender all the necessary documents for signing of the Presale Contract; (3) Party B fails to pay the Initial Deposit and other relevant charges in accordance with clause 2 of this Supplementary Conditions to the Contract (4) Party B fails to complete the formalities in relation to mortgage in accordance with clause 2 of this Supplementary Conditions to the Contract (applicable to Party B whose method of payment is by way of mortgage loan). 5. Amendment to condition 1 of clause 7 of this Contract: Before signing of this Contract, both parties have already come to consensus and there does not exist any disagreement or dispute in respect of all the terms of the Commodity Property Pre-sale Contract (include all Schedules and Supplementary Conditions). 6. Supplemental to clause 8 of this Contract Party A informs Party B that the Premises is subject to the mortgage and such mortgage shall be released after 30 days upon payment of the Initial Deposit by Party B. 7. Other relevant agreement: (1) Party B authorizes Party A to set the password for online registration of the Deposit Contract and Pre-sale Contract for and on behalf of Party B. (2) Party A and Party B agree to proceed to notarization of Pre-sale Contract in Shanghai Municipality Orient/Luwan Notary Office and Party B shall be responsible for notarization fee. (3) Party B shall not increase or decrease the number of or change the Purchaser. (4) All the notarization fee, registration fee, filing fee, stamp duty of the Contract, bank mortgage fee and other tax payable pursuant to the regulations laid down by Shanghai Municipal Government Authorities in relation to the sale and purchase of the Premises shall be borne by Party B. 4

5 Signature of Representative of Party A: Signature of Party B: 5