商品房买卖合同 附件六

Appendix Six: supplementary agreement of contract Appendix Six: supplementary agreement of contract The Seller and the Buyer agree to make following supplementary and promise to some related articles of this REAL ESTATE SALES CONTRACTS on the basis of voluntariness, equality and unanimity: I. Communication and ways of contact: the buyer shall guarantee the name, communication address, contact telephone, fax number and ID card number written on the REAL ESTATE SALES CONTRACTS is true and authentic. If there is anything changed, the buyer shall inform the Seller with written form within 10 days after the above information is changed and get the confirmation from the Seller. The Buyer shall take all legal responsibilities if the Seller could not contact the Buyer because of the Buyer. And the letter sent by the Seller in accordance with the contact address recorded on the REAL ESTATE SALES CONTRACTS shall be deemed as served after it is sent within 5 days. II. Bear the expenses: the Buyer shall pay all taxes, fees and maintenance fund of communal facilities that shall be paid by the buyer, which is stipulated by laws and regulations and related departments. The total amount of the commodity houses paid by the Buyer exclude the foregoing taxes and fees and activation fee of TV, phone, and wideband, etc. and the Buyer shall pay back above expenses in accordance with the charging standards stipulated by related departments within the time stipulated in the contract. III. Maintenance fund of public facilities: The maintenance fund of public facilities shall be paid according to the laws and regulations of the nation and the stipulation of local government, that is when the Buyer pays competent department special maintenance funds of property before he transacts the property right certificate, if the area registered on the property rights is inconsistent with that on the contract, resulting the mortgage purchase is changed, the Buyer shall pay the maintenance fund of public facilities in accordance with the actual mortgage purchase after the area is determined according to the property rights. It shall be deemed that the Buyer transact the title exceed the time limited if he does not pay the funds so that he can’t transact the property rights, and the Buyer shall bear the liability of breach the contract in accordance with the Article V of the agreement. IV. Delivery of house: 1. The Buyer shall go to the location designated by the Seller to transact the delivery of house in accordance with the time of delivery in the notice of delivery agreed by the Seller. If the Buyer pays in loan, he can transact the delivery of house only after he accomplishes the loan and related bank providing loan transfer the money that the Buyer has paid to the Seller’s account. If the date of delivery expiries and the Buyer have not accomplished loan, or related bank have not transferred the money to the Seller’s account, the date of delivery changes to within 15 days after the related bank transfers the money to the Seller’s account. 2. When the commodity house reaches the conditions of delivery, the Seller shall inform the Buyer to transact the delivery of house with written notice. The Buyer shall go to the location designated by the Seller to transact the delivery of house in accordance with the time of delivery in the notice of delivery agreed by the Seller. If the Buyer does not come to transact on time, it will be deemed that the Seller has delivered the house to the Buyer subject to the agreed deadline of delivery, and the Buyer shall bear the service fee of properties needed to pay and the risk responsibility of house transfers accordingly. 3. When transact the delivery of house, if the Buyer refuse to receive the house due to the inconsistence of part of decoration and equipment standard of house with the standard agreed on the contract, the time of delivery can be postponed, and the Seller don’t need to take the responsibility of breach caused by overdue delivery of house; in the meanwhile, the Seller is liable to rectify and improve the house, the Buyer shall transact the delivery within 5 days after the rectification reaches the standard. 4. The contents on the Seller’s press books, such as sales brochure, sales advertisement, sand table, and model shall not be regarded as the standard and condition to receive the house, accept and check out the premises, the delivery of house shall be subject to the government’s documents, designed blueprint approved by Construction Commission and agreed items on contract. V. The supplementary of agreement of transacting the title: After this project of title registration, the Seller shall inform (subject to the notice of phone or community bulletin) the Buyer to transact the property right certificate, and the Buyer shall take the required materials and fees to transact within the period informed by the Seller. If the Buyer does not transact on time, he shall pay the Seller a penalty of three ten-thousandth of total loans per day. VI. Rescission of contract: The seller has right to confiscate the earnest paid by the Buyer or demand the Buyer to pay the penalty in accordance with the contract (choose the higher price). If the penalty is inadequate to compensate the losses (include but not limited to losses of difference of sales), the Buyer shall compensate accordingly. The Buyer shall pay the reasonable expenses that Seller has paid to dissolve the contract (include but not limited to litigation costs, counsel fees, property preservation fees, travel expenses, execution fees, and auction fees, etc.). After the dissolution of contract, the Seller shall refund the balance of purchasing house after deducting above expenses within 30 days after the contract has been recorded and registered in the Real Estate Exchange of Fuqing city. VII. Supplementary of agreement of mortgage loans (mortgage loans include commercial loans, fund loans and loan portfolio): 1. If the Buyer chooses commercial loans, he shall submit materials to the Seller that is needed for transacting mortgage loans and pay back related fees within 7 days after signing this contract. The mortgage materials that the Buyer submits to the Seller shall be subject to the requirements demanded by loan bank and ensure their legitimacy and effectiveness. If the materials provided by the Buyer is regarded as inconsistent with the stipulations or incomplete during the check of bank, the Buyer shall resubmit the materials within 7 days after he is informed by bank or Seller. If the Buyer does not submit the mortgage materials within the stipulated time, or the mortgage materials resubmitted is deemed as incomplete or defective, it will be deemed as overdue payment and the Buyer shall pay the Seller a penalty of three ten-thousandth of total loans per day. The Seller has right to dissolve the REAL ESTATE SALES CONTRACTS and sell the house separately if it is 30 days overdue. 2. After the mortgage materials of Buyer is check by bank, the Buyer must go to the related bank to transact the contracting procedures of mortgage within 7 days after he receives the call or written notice from the Seller, otherwise, the Buyer shall pay the Seller a penalty of three ten-thousandth of total loans per day if the Buyer is overdue every a day. 3. If the Buyer chooses fund loans, loan portfolio or self-management commercial loans, all procedures shall be transacted by the Buyer himself. The Buyer shall draw the materials needed for transacting fund loans, loan portfolio within the given period. The Buyer shall guarantee that complete loan procedure(that is all loans reach th e Seller’s account) within 60 days after the Seller informs the Buyer of drawing record REAL ESTATE SALES CONTRACTS, otherwise the Seller has right to ask the Buyer to pay a penalty of three ten-thousandth of total loans per day. The Buyer shall not attribute the responsibility to the third party, and he shall not refuse to pay the penalty with the excuse of the delay of fund management centre or loan bank. The Seller has right to dissolve the contract and sell the house separately if the Buyer has not completed the loan procedures over 30 days as per the subsection 1 of this article. 4. The amount and period of loans shall be subject to the last approval of loan bank. If the amount of loan approve by loan bank is lower than the amount of loan that the Buyer has applied, the Buyer must pay the Seller the first payment of differential section within 7 days after the Buyer receives the notice from loan bank or Seller. The Buyer shall not refuse to make up the difference or transact the loan procedure for the reason that the amount and period of loans checked by the bank is inconsistent with what he has applied, otherwise, it shall be deemed as overdue, and the Buyer shall pay the Seller a penalty of three ten-thousandth of total loans per day. The Seller has right to dissolve the contract if it is 30 days overdue as per the subsection 1 of this article. 5. If the Buyer can’t transact the bank loans after he submits the related materials in as per the stipulation of bank, the Buyer shall pay the Seller total mortgage purchase or pay the money in other ways agreed by the Seller within 15 days after he receives the notice from bank or Seller, otherwise, the Seller has right to dissolve the REAL ESTATE SALES CONTRACTS and sell the house separately. 6. The Seller agrees to provide guarantee of mortgage loans for the Buyer, during the period of guarantee, if the Seller has to bear the according responsibility of guarantee (that is the Seller pays the interest of the loans instead of the Buyer) because the Buyer pays the mortgage over the period. The Buyer shall pay the Seller a penalty of five thousandth of total loans per day, and the penalty is calculated from the day that the Seller bears the responsibility to the day that the Buyer has paid back all money. If the Buyer does not pay bank the interest over the period or exceed 3 months successively (accounted from the repayment date that the Buyer does not pay the monthly loans the first time), it is deemed that the Buyer has done the fundamental breach of REAL ESTATE SALES CONTRACTS, the Seller has right to dissolve the contract one side and demands the Buyer to pay the penalty of five percent of total mortgage. After the Seller dissolve this contract, he has right to ask the bank to start the repayment article in advance, return to the bank the interest of rest mortgage purchase excluding the deducted compensatory payment, the rest housing fund will deduct the payable penalty and expenses of the Buyer (include but not limited to compensatory payment, penalty, damage, etc.) and return to the Buyer the interest-free after the Seller completes the cancellation of registration. VIII. Preceding stage of property management: The Seller has selected the Fujian Zhonglian Property Service Co., Ltd. to do preceding stage of property management, and signed the Preceding Stage of Property Management Service contract, and the Buyer agrees the property management enterprise selected by Seller by law to provide the preceding stage of property, in the meanwhile, the Seller has made Proprietor Temporary Convention, The Buyer has read carefully and completely understood the contents of the service contract and the convention, and promise to abide by the above-mentioned the stipulations on Preceding Stage of Property Management Service Contract and Proprietor Temporary Convention. IX. Other agreements: 1. If this agreement is inconsistent with REAL ESTATE SALES CONTRACTS, it shall be subject to this supplementary agreement. 2. The Seller and the Buyer have reached an agreement on related articles, and the Seller has reminded the Buyer to notice the articles of this supplementary agreement. The Buyer confirmed that he has completely comprehended all articles of the contract and he is willing to sign the contract and its appendix.