BROKERAGE AGREEMENT OF REAL ESTATE SALE 出售方：（以下简称“甲方”） Seller: （hereinafter “Party A”） 买受方：（以下简称“乙方”） Buyer: (hereinafter “Party B”) 居间方：（以下简称“丙方”）Broker：（hereinafter “Party C”） 经丙方居
BROKERAGE AGREEMENT OF REAL ESTATE SALE
出售方：（以下简称“甲方”） Seller: （hereinafter “Party A”）
买受方：（以下简称“乙方”） Buyer: (hereinafter “Party B”)
居间方：（以下简称“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、该房地产基本情况 BASIC INFORMATION
Certificate of title to this real estate is numbered as ____ with floor space of ____ m2 and the related carport are ____ m2.
2、 该房地产 □ 已 □ 未设定抵押。
Mortgage is made on this real estate: □ Yes □ No.
3、 该房地产 □ 已 □ 未出租。若该房地产已出租，则甲方应保证承租人已经放弃优先购买权，若因承租人之优先购买权引发纠纷，则甲方愿意承担全部法律责任。
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 _______.
□ 甲乙双方明确并同意，下述所指的甲方收取的款项性质系 □定金 □房款。甲乙双方明确并知晓，下述款项的性质决定了本协议项下甲乙双方法律责任的适用。*对于款项性质的选择适用，丙方已向甲乙双方进行充分解释和说明。
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.
□乙方于签署本协议时，支付诚意金人民币__________________ _元至居间方，并委托居间方与甲方洽谈；若甲方接受交易条件并签署本协议的，则乙方委托居间方将诚意金转交给甲方作为款项。若至_ ___年_____月____日，甲方仍未签署本协议的，则乙方有权至居间方处无息取回诚意金；若乙方未按时取回诚意金，则视为继续委托居间方与甲方洽谈。
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.
□ 甲方同意在本合同签订后 日内，乙方向甲方支付款项人民币 元，该款项由乙方或乙方授权的其他
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:
户名：__________ 账号：_________ 开户行：__________ 甲方确认：_________
Account Holder: _______ Bank Account: _________ Bank Name: _________ Affirmed by Party A:
三、买卖交易细则 SALES RULES
The total transfer price of this real estate is CNY ________ inclusive of transfer price of carport as CNY _______.
2) 双方同意按以下方式支付款项：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 ______.
第三笔房款：可按以下情况选择支付方式：The third installment may be made as follows:
□ 乙方通过银行按揭贷款的方式向甲方支付第三笔房款人民币_______元，该款项由 银行在取得抵押人为乙方的他项权利证明后直接划入甲方帐户。若银行审批不足乙方申请额度的，乙方应于办理该房地产过户手续之日前以现金形式向甲方补足。
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.
□关于付款的补充约定： 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____ 笔房款优先用于甲方偿还银行的按揭贷款，余额不足由甲方自行补足。甲方应于双方订立买卖合同后5个工作日内向银行提出还款申请，并依银行规定的时间足额结清贷款。甲方应在银行出具抵押注销材料后5个工作日至房地产登记处办理该房产的抵押登记注销手续。
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.
□ 转按揭：在抵押权人及乙方贷款银行允许的情况下，双方依照银行转按揭流程的规定办理。为办理转按揭需要，甲乙双方应根据转按揭银行及转按揭担保机构的要求尽相应的配合义务，并同意根据要求对部分房款进行监管。银行转按揭所产生的费用由：□ 甲方承担 □ 乙方承担 □ 甲、乙双方各半承担。
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□收到乙方全部转让款项当日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） 户口迁移：若在该房屋地址上有户口登记的，且无论该户口是否与甲方关联，甲方应于 □ 办理该房地产过户手续之日前；
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.
7） 相关费用：Miscellaneous Charge.
Trade Tax. Party A and Party B expressly agree that any and all trade taxes arising out of or in connection with this transaction shall be declared and paid by each other respectively in accordance with the applicable state rules and values of this real estate evaluated by tax authority, neither Party may refuse to perform any of its obligations under this contract or sales contract by virtue of any adjustment of trade tax by state government or tax authority.
The Parties agree that any and all taxes and charges arising out of transaction hereunder shall be borne and paid by
Notary Fees. Any notary fees arising out of or in connection with transaction hereunder shall be borne and paid by
Brokerage fees. Brokerage feess paid to broker for any brokerage service provided shall be detailed in attached Schedule “Acknowledgement of Brokerage fees”.
* NOTE: PARTY C HAS CAUSED THIS CLAUSE TO BE THOROUGHLY READ AND UNDERSTOOD BY PARTY A AND PARTY B, AND PROVIDE DETAILED INTERPRETATION AND EXPLANATION. AND THE PARTIES AGREE TO ACCEPT THEM.
Sales Contract. Hereby Party A and Party B agree that sales relationship has been established between them upon the signature of this Contract. For the purpose of any transfer of this real estate, Party A and Party B further agree that Sales Contract for the Real Estate Located in Shanghai City (“Sales Contract”) shall be entered into by them at ____ Suite, ___ of _____ Alley, _____Avenue _____District, Shanghai (signing place designated by Shanghai SunWay Real Estate Brokers Co., Ltd.) prior to ______ under the [Sales Rules] agreed herein.
Party A agrees that under the same terms and conditions hereunder, Party B may increase or decrease the number of “Buyers” defined in Sales Contract upon the same has been concluded.
四、法律责任的选择适用. APPLICATION OF LEGAL LIABILITIES
Legal Liabilities for Non-Performance of Any Clause of [Sales Rules]
Deposit Clause. As deposit provided herein is the guarantee for the performance of obligations hereunder by Party A and Party B, if either Party A or Party B fails to perform its obligations hereunder fully or timely, the other Party may require indemnification form such breaching party in accordance with Deposit Rules. Party B may terminate this Contract at the cost of forfeiture of deposit provided by it, where Party A may terminate this Contract at the cost of payment as two times of deposit provided by Party B.
Transfer Price Clause. If either Party A or Party B (“Breaching Party”) fails to perform any of its obligations hereunder fully or timely, damages calculated as 0.03% of transfer price agreed per each day delayed shall be paid by such breaching party until the date on which such obligation has been fully performed. Provided, however, the other party may terminate this Contract if breaching party fails to fulfill its obligations for 15 days or more, in such event, such breaching party shall pay damages to the other party as 20% of transfer price agreed.
* THIS CLAUSE SHALL HAVE BINDING FORCES CORRESPONDS WITH THE CHOICE MADE FOR DEPOSIT OR TRANSFER PRICE MENTIONED IN ARTICLE 2 HEREOF (T RANSFER PRICE AND DEPOSIT, OPTION OF PAYMENT). PARTY A AND PARTY B UNDERTAKE THAT WHEN CHOICE IS MADE BY IT, BROKER HAS PROVIDE EXPRESS INTRODUCTION AND MAKE DETAILED INTERPRETATION AND EXPLANATION AT THE REQUEST OF PARTY A OR PARTY B, AND THE PARTIES AGREE TO ACCEPT THEM.
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. If any defect affecting the validity of this Contract is occurred due to any misrepresentation hereunder, Party A shall refund all transfer prices paid by Party B, and indemnify any and all losses and damages suffered by Party B there-from.
3） 甲、乙双方均保证有签署本协议及履行本协议的权利，若因任何一方原因导致本协议效力瑕疵或无法履行，该方签署人承诺自愿承担 □房款 □定金 项下所导致的法律责任。本条款独立发生法律效力。
Party A and Party B undertake that each of them shall enter into this Contract and perform its obligations hereunder, if this Contact is defected or fails to be performed due to the fault of any Party, such Party shall assume the legal liabilities of □ transfer price or □ deposit. Article 4.3 hereof shall survive the termination of this Contract.
五、文字效力FORCE AND EFFECT
Any blank left herein shall have equal legal effect with the printed text, provided, however, if there is any dispute between any information completed by hand and printed text, the former shall prevail. Any information completed by hand or by alteration of original text, if imposing any obligations to Party C, shall come into effects only upon common seal is made on such information by party C.
六、争议解决. DISPUTE SETTLEMENT
Any dispute arising out of or in connection with the performance hereof shall be settled by amiable negotiation, if fails, either Party may bring a lawsuit before the People’s Court with jurisdiction where this real estate is located.
七、合同关系 CONTRACTUAL RELATIONSHIP
This Contract constitute the true representation and warranty of Party A and Party B concerning their transaction hereunder fulfilled with the assistance of Shanghai Chenxin Real Estate Co., Ltd. the signature of this Contract represents the establishment of sales relationship between Party A and Party A, and represents the success of brokerage services provided by Party C. Party A and Party B shall authorize Party C to prepare the draft of Sales Contract in accordance with the main terms and conditions listed herein and fulfill the related online registration.
This Contract shall have binding force to Party A and Party B upon signatures of such two Parties are made hereon, and shall have binding force to Party C if signature of Party C is also made hereon. This Contract shall be executed in triplicate and each Party shall have one copy. If there is any inconsistency between these three copies, the original shall prevail.
甲 方：Party A: 乙 方：Party B:
代 理 人：Representative: 代 理 人：Representative:
日 期：Date: 日 期：Date:
丙 方：Party C:
certificates provided to Party C by Party A evidencing its ownership to this real estate as follows:
附 件： Schedule:
居 间 服 务 确 认 书
ACKNOWLEDGEMENT OF BROKERAGE FEES
1. 甲乙双方确认“本协议”是经丙方居间而签署。倘若甲、乙双方基于本协议正式签署《上海市房地产买卖合同》并依约履行；丙方将无偿协助提供过户、交房等后续服务，直至本交易完结。Party A and Party B acknowledge that this Contract is entered into with the introduction of Party C. if Party A and Party B enter into Sales Contract for the Real Estate Located in Shanghai City (“Sales Contract”) and perform its respective obligations there-under, Party C shall, without any charge, provide after-sale services for transfer and delivery of real estate until the completion of transaction there-under.
2. 甲乙双方确认，在签署本协议当日，双方分别应按本协议确定之转让总价款的 %（居住用房）、 %（非居住用房）或服务费确认书等特别约定向丙方支付居间报酬。
Party A and Party B acknowledge that on the contract date, both of them shall each pay brokerage feess to Party C as 1% of transfer price (Residential Property), 2% of transfer price (Non-residential Property) or other amounts specifically agreed in this Acknowledgement of Brokerage fees.
Brokerage fees Specifically Agreed:
4. 甲乙双方在签订确立买卖关系的本协议后，若不能履行协议或协商解除本协议，导致无法过户，致使丙方无法继续履行居间合同的，违约方或合意解除协议方应向丙方支付违约金，数额为本次交易中居间方应收甲、乙双方总佣金之和，总计人民币 元（此处系本协议签署时填写）。
if either or both of Party A and Party B fail to perform or agree to rescind this Contract evidencing the establishment of sales relationship between them, which render the failure of transfer of real estate to Party B or Party C fails to perform its obligations under Brokerage Contract, both of such Parties or the breaching Party (as the case may be) shall pay damages to Party C as CNY _______ (completed at the contract date) equal to the total brokerage feess paid by Party A and Party B.
5. 本协议因甲乙双方中任何一方违约或双方合意而解除，甲乙双方或其近亲属、代理人、承办人等有关联的人再行达成买卖交易的，视为丙方居间成功，甲乙双方仍应该按照本协议确定之转让总价款的 %（居住用房）、 %（非居住用房）各向丙方支付居间报酬。
If this Contract is terminated by virtue of breach of either Party or mutual consents of two Parties, it shall also constitute the successful brokerage hereunder if thereafter, any sales transaction fulfilled by Party A and Party B or their respective relatives, agents, representatives or other affiliates, in such event, Party A and Party B shall also pay brokerage fees to Party C as 1% of transfer price (Residential Property) or 2% of transfer price (Non-residential Property), as the case may be.
6. 甲、乙双方均保证有签署本协议及履行本协议的权利，若因任何一方原因导致本协议效力瑕疵或无法履行，该方签署人承诺愿意向丙方赔偿预期利益损失人民币 元，本条款独立发生法律效力。
Party A and Party B undertake that each of them shall enter into this Contract and perform its obligations hereunder, if this Contact is defected or fails to be performed due to the fault of any Party, such Party shall indemnify Party C the losses of anticipated profits as CNY ________. Article 5 hereof shall survive the termination of this Contract.
NOTE: PARTY C HAS CAUSED SUBPARAGRAPH 1, 2, 3, 4 AND 5 OF THIS SCHEDULE TO BE THOROUGHLY READ AND UNDERSTOOD BY PARTY A AND PARTY B, AND PROVIDE DETAILED INTERPRETATION AND EXPLANATION. AND THE PARTIES AGREE TO ACCEPT THEM.