This con tract is applicable to the tran sact ion of real properties that have bee n issued with a title deed.Shen zhe n Con tract for the Sale of Secon d-Ha nd House PropertyUrba n Pla nning. Land and Resources Commissi on of Shen zhe n Muni cipality Market Supervisi on Admi nistrati on of Shen zhe n Mun icipalityEdition 2008S(F)FXM Zi (2010) No. XXXXSpecial NotesTo better safeguard the Buyer' and the Seller 'legitimate rights and in terests, the Buyer and the Seller are expected to read through the following contents carefully before concluding this con tract..1. The text of this con tract is automatically gen erated through the On li ne Tran sact ion Systemfor Secon d-ha nd Real Estate in Shen zhen” The con tract ing parties can, after mutualagreeme nt, make modificati on or suppleme ntati on to items specified in the Con tract, but such modificatio n and suppleme ntati on must be in con formity with the releva nt provisi onsstipulated in laws and rules.2. Prior to en teri ng this con tract, the Buyer and the Seller may request the other party to show hisor her releva nt certificates, such as ID card, Busin ess Lice nse of En terprise Legal Person, House Ownership Certificate, etc. They shall carefully read through the contents of this con tract and the n make con firmati ons about the items selected, suppleme nted, or modified. If you have any questions, please ask for professional advice from people familiar with laws and legislati ons.3. The Buyer shall, prior to en teri ng into this con tract, make a complete and full site survey over the house property in respect of the environment, tran sportati on, adjace nt schools, opport unity toattend schools, and household conditions. The Seller is obligated to provide true information about the house property ' ownership, lease condition, household, etc.4. For the purpose of assuring the safety of the capital, it is recommended that the Buyer and theSeller shall have a third party supervise the funds by concluding a special agreement to clearly specify the capital supervisi on acco unt and the other matters about payme nt of fun ds.5. After this con tract comes into effect, the unm odified and prin ted words as well as the validwritings and marks filled out in the blanks shall be deemed as contents agreed by both parties. In additi on, the attachme nts and the suppleme ntary agreeme nts of this con tract, once sig ned by both parties, shall have the same legal force as the text of this con tract.6. Where the Buyer n eeds to borrow a mortgage loa n to pay the price of the house property, he orshe shall first of all get to know exactly about the requireme nts for mortgage loa n as well as the docume nts to be provided.7. The tran sfer of own ership is not marked by the con clusi on of this con tract, but by the registration of own ership tran sfer by house property right registrati on orga n. As it takes timeto tran sfer the own ership after con cludi ng this con tract, there may be special con diti ons like sealing up of house property, please pay attention to the possible risks in the transaction.Basic In formati on of Parties HeretoSeller:Name: XXX ____ Nationality: ChineseID Card No.: XXXShare of Own ership: 1/2 Tra nsferred Share of Own ership: 1/2Seller:Name: XXX ________ N ationality: ChineseID Card No.: XXXShare of Own ership: 1/2 Tra nsferred Share of Own ership: 1/2Buyer:Name: XXX ________ N atio nality: ChineseID Card No.: XXXShare of Own ership Accepted: 100%Accord ing to the Con tract Law of the People' Republic of China, the Law of the People's Republic of China on Adm ini strati on of the Urba n Real Estate, the Regulatio ns of Shen zhe n Special Econo mic Zone on Tran sact ion of Real Property , and releva nt laws and regulatio ns, the Seller and the Buyer hereby en ter into this con tract on the tran sfer of a house property after amicable negotiation on the principles of equality, fairness and voluntary participation.Article 1 [Subject of Tran sactio n] The house property sold by the Seller (here in after referred to the house property) is located at XXX Hon gli Road, Futia n District, Shen zhe n City.The house ownership certificate No. is XXX ; the house property is used for the purpose of Residenee.The registered con struct ion area is: 84.12 square meters; the room buildi ng area is ——square meters.The land use right relating to the house property features a term from October 17, 1984 to October 16, 2054 . The house property is completed in July 1984.Currently the house property management company is -------------------- : the property management fee is RMB ——/square meter.Article 2 [Curre nt Status of House Property]The house property is n either mortgaged nor sealed up： the Seller enjoys full right to dispose the house property.Article 3 [Lease Con diti on of House Property]The lease condition of the house property is as the following 丄condition:1. The house property is not leased to an ybody.2. The house property is leased to some one： please refer to the attachme nts for the lease con tract(No. ----- ). The mon thly ren tal is RMB =/mo nth： the lease term is ——years from to 二.The Seller shall, before sig ning on this con tract, obtai n the lessee 'writte n ack no wledgeme nt of giving up the priority to buy the house property： otherwise it shall be deemed as violation of the con tract. After con sultati on, the Seller and the Buyer decide to deal with the lease con tract i n the followi ng -——ways:a) After the house property is tran sferred, the origi nal lease con tract is still valid for theBuyer before the expiry date. The Seller shall help the buyer to con clude a new leasecon tract with the lessee before —— and in the mean time give the lease deposit andadvance rental paid by the lessee to the Buyer for keeping. The Buyer shall enjoy the original rights of Seller un der the lease con tract after ---------- .b) The Seller shall resci nd the orig in al lease con tract before deliveri ng the house propertyto the Buyer： Buyer is n ot liable for any disputes aris ing from the orig in al lease contract.Article 4 [Household Affiliated to House Property]The Seller has promised to tran sfer out the household affiliated to the house property within 30 days after receiving the total payment for the house property. If they fail to do so within the time limit, they shall pay the Buyer liquidated damages at 0.03% of the total house transfer price on a daily basis.Article 5 [Tra nsfer Price of House Property]The transfer price of the house property is RMB Thirty-six Thousand, Five Hundred and Forty-five Yuan only (in number: 36545)： it does not include the taxes.Article 6 [Earnest Money]The earnest money for the transaction of the property is RMB Five Thousand Yuan only (in number:RMB 5000). The Seller agrees that it shall be paid in the following ways:Upon con clusi on of this con tract, the Buyer shall pay the Seller the earn est money of RMB Five Thousand Yuan only (RMB 5,000).It is recommended that the Buyer shall first give the earnest money to a mutually specified third party for supervision. The Buyer' paying the earnest money to the third party for supervision shall be deemed as the Seller' receivi ng of the deposit. The earn est money will be latterly paid to Seller as part of the transfer price of the house property when the formalities for transfer of own ership are completed.Article 7 [Deposit for Delivery of House Property]In order to preve nt risks in the tran sact ion and mea nwhile urge the Seller to deliver the house and settle releva nt expe nses as scheduled, the Buyer and the Seller both agree that RMB—— of the tran sfer price shall be firstly reta ined as a deposit for delivery of the house (not exceed ing 2% of the total price. The deposit shall be paid to the Seller after the real estate is actually delivered and the own ership is tran sferred. The deposit shall be kept as follow ing first item:1. kept by the in termediary party2. others: -----------------------------Article 8 [Payment Method]Uni ess otherwise specifically agreed, all the Buyer ' payme nts (in clud ing deposit and payme nt for price of house) are recomme nded to be kept by the bank as a third party for supervisi on of capital. The Buyer shall pay the house price other tha n the earn est money and the deposit for the delivery of house in the following first ways, that is: RMB Thirty one Thousand, Five Hundred and Forty Five Yuan Only (RMB31545 ) to the Seller.1. On e-off payme ntThe Buyer shall pay the above house price to the bank account mutually specified by both parties for supervision before XXX .2. Payme nt with mortgage loa n from bank(1) The Buyer shall, before ------ , pay the first installment of payment, RMB -—— other than theearn est money and the deposit for delivery of house to the bank acco unt mutually specified by both parties hereto for supervisi on by the bank as a third party.(2) The Buyer shall submit the documents relating to the application for mortgage loan to the Bankand the n cooperate with the bank to han dle the loa n exam in ati on and approval formalities.The amount of the mortgage loan is subject to the bank 'letter of commitment.(3) Where the loan issued by the bank is insufficient to pay the rest price of the house property,parties hereto agree to handle the case in the following _=_ways.a. The Buyer shall suppleme nt the in sufficie nt amount with in 3 days after the bank issuesthe letter of commitme nt.b. The con tract shall be resci nded and the Seller shall refund the capital paid by the Buyerwithi n 3 days.3. Other payme nt method ---------------Article 9 [Buyer ' Liability for Breach of Con tract due to Late Payme nt]Where the Buyer fails to make the payment in time, the Seller shall have the right to ask the Buyerto un dertake the liability for breach of con tract in the follow ing [way.(1) Asking the Buyer to pay a liquidated damage at 0.04% of the unpaid amount on a daily basis andthe con tract shall rema in valid.(2) Requiri ng the term in ati on of this con tract and ask ing the Buyer to pay a liquidated damage at二％of the total price.Article 10 [Un dertak ing of Taxes and fees]Accord ing to the releva nt regulati ons, the Seller shall un dertake the followi ng taxes and fees: a. bus in ess tax; b. urba n con struct ion and maintenance tax; c. educati on surcharge; d. stamp tax; e. in dividual in come tax; e; land V AT; f. real property tran sact ion service charge; g; land use right fee;h. deed tax; i. i nterest for adva nee repayme nt of short-term loa n; j. pen alty for adva nee repayme nt. The Buyer shall undertake the following taxes and fees: k. stamp tax; l. deed tax; m. house property right registration fee; n. house property transaction charge; o. stamp on house ownership certificate; p. mortgage registrati on fee; q. borrow ing con tract no tarizati on fee; r. en trustme nt notarization fee.Other expe nses: s. own ership in vestigati on fee; t. real property tran sact ion con tract fee; u. appraisal fee; v. lawyer 'fee; w. in sura nee fee; x. others --------- (subject to the actual occurre nee) After amicable negotiation, the parties hereto agree that all above item a —item x shall be un dertake n by the Buyer.New taxes and fees occurring due to the laws, regulations and policies shall be disposed with the stfollow ing 1 method:1. payable by parties as required by the laws, regulati ons and policies2. payable by party ------- .3. Others: ---% payable by Buyer; =% payable by Seller.With regard to aforementioned taxes and fees payable by the Buyer and (or) the Seller, if the parties hereto cha nge the actual payme nt method, the legal resp on sibilities will not be tran sferred with the alteration of tax payment.Where the transaction cannot be continued due to a party ' failure in paying the taxes and fees, the con tract-breach ing party shall pay the other party a liquidated damage at 1% of the total tran sfer price of the property.Article 11 [Delivery of Real Property]The Seller shall deliver the house property to the Buyer within 7 days after receiving the entire transfer price of the house property (except for the deposit for the delivery), and meanwhile perform the follow ing duties:1. The Buyer and the Seller shall check the house property and its affiliated equipment, decoration,furniture and etc. together and record the readings of the water, electricity and gas meters;2. To hand over the key to the house property.3. --------Article 12 [Liability for Breach of Con tract Due to Late Delivery]Uni ess otherwise agreed by this con tract, if the Seller fails to deliver the house property to the Buyer, he or she shall pay the Buyer a liquidated damage at 0.04% of the total tran sfer price of the houseproperty on a daily basis for the period from the due date of delivery to the date of actual delivery, and the n the con tract shall remai n valid.Article 13 [Disposal of Accompa nying Debts]Upon delivery of the house property, the Seller shall also settle all the expenses relating to the house property, such as water fee, electricity fee, gas fee, teleph one fee, cable TV fee, property man ageme nt fee, garbage disposal fee, etc. and the n give the releva nt slips to the Buyer for confirmation. Otherwise, the Buyer shall have the right to deduct such amounts from the deposit for delivery of house property.Article 14 [House Property Right Tran sfer Registratio n]The Buyer and the Seller shall, with in 30 days after con cludi ng this con tract, apply for the tran sfer of the house property ' ownership with the property right registration authority.Then with in 3 days after the reply date in dicated by the docume nt receipt expires, the Seller and the Buyer shall pay the releva nt taxes and fees accord in gly.The Buyer shall obta in the house own ership certificate.Where the Buyer is obligated with mortgage, he or she shall deregister the mortgage with in _0_work days after obta ining the new house own ership certificate.Article 15 [Other Liabilities for Breach of Con tract]Where the purpose of this con tract cannot be realized due to a party 'failure in perform ing the obligati ons, the con tract observ ing party may either dispose the case follow ing the regulati ons about the earn est money or ask the other party to pay a liquidated damage at 3% of the total house price.Article 16 [Force Majeure]Where this con tract cannot be performed due to force majeure, the parties may be fully or partially exempt from the liabilities accord ing to the effect of the force majeure uni ess otherwise specified by the laws. The party that cannot perform this con tract due to the force majeure shall no tify the other party in time and in the mean time provide releva nt evide nces to the other party with in 15 days after the force majeure en ds.Article 17 [Settleme nt of Con flicts betwee n This Con tract and Other Docume nts] Where there are con flicts betwee n this con tract and the commitme nts and agreeme nts made or con cluded by parties hereto before this con tract is con cluded, this con tract shall prevail.Article 18 [Attachme nts]This con tract has Qattachme nts. They are part of this con tract and shall have the same legal force.Article 19 [Gover ning Laws and Settleme nt of Disputes]The Seller and the Buyer shall negotiate with each other to settle disputes arising from the performa nee of this con tract. Where no agreeme nt is made, the followi ng third method shall be adopted according to the laws of the People ' Republic of China.1. To bring the case to Shen zhe n Arbitrati on Committee for arbitrati on;2. To bring the case to Chi na Intern ati onal Econo mic and Trade Arbitrati on Commissi on forarbitrati on.3. To bring the case to the people's court.Article 20 [Qua ntity of Con tract Copies and their Holdi ng]This con tract is prepared in three origi nal copies, of which the Buyer, the Seller and the other government authority shall hold one respectively. They shall have the same legal force.Article 21 [Receipt of Con tract]The con tract is deemed as receipt once it arrives at the address specified here in.Article 22 [Effective ness of Con tract]This con tract shall come into effect as from the date the Buyer and the Seller affix sig natures and stamps on it.Seller:Buyer:August 23, 2010Attachment 1:(Seal) Special Stamp for Covers of Contract Jan.1, 2008 Handled by:。