Prefabricated House Sales Agreement

The prefabricated house sales agreement typically involves transactions of houses under construction or pre-sale, with core clauses including house information, payment terms, rights and obligations, and liability for breach of contract. It is necessary to select a model text based on the specific type and clarify key content.

I. Types of Agreements and Applicable Scenarios

The prefabricated house sales agreement mainly falls into two categories:

1. House Reservation Sales Contract (Commercial Housing Pre-sale Contract)

   • Applicable to the pre-sale of houses under construction, it is necessary to clarify basic information such as the location, architectural form, and area of the house, and agree on the amount of the price, pricing standards, and payment methods.
   • Payment methods are usually divided into two parts: installment payments of self-provided funds (paid according to the progress of the project) and loans. Conditions for returning the house include design changes affecting use, the seller's delay in delivering the house, and the inability to obtain a property certificate.

2. Model Text of the Commercial Housing Sales Contract (Pre-sale)

   • Jointly formulated by the Ministry of Housing and Urban-Rural Development and the State Administration for Industry and Commerce, it covers contract parties, basic information about the commercial housing, price, delivery conditions, handling of area discrepancies, planning and design changes, and quality warranty responsibilities.
   • Before signing, the seller is required to present the Commercial Housing Pre-sale Permit and other supporting documents and fulfill the obligation to highlight major issues.

II. Core Clauses and Precautions

1. House Information and Price

   • It is necessary to clarify basic information such as the location, property certificate number, and building area of the house, and agree on the payment method for the price (such as a deposit, down payment, installment payments for the remaining amount, or loans).
   • If there is an area discrepancy, it is necessary to agree on how to handle it when the absolute value of the error ratio exceeds 3% (such as returning the house or making up the price difference).

2. Delivery and Quality Assurance

   • Agree on delivery conditions (such as completion acceptance), delivery time, and the standard for liquidated damages for overdue delivery.
   • The seller shall assume the quality warranty responsibility for one year after delivery and clarify the warranty scope and responsible party.

3. Rights, Obligations, and Liability for Breach of Contract

   • Seller's responsibilities: Ensure that the house's property rights are clear and free of disputes, provide authentic and valid materials, and cooperate in handling property transfer procedures.
   • Buyer's responsibilities: Pay the house price as agreed and make up the difference in cash if the loan is insufficient.
   • Liability for breach of contract: If the seller breaches the contract, the deposit shall be returned double; if the buyer breaches the contract, the deposit shall not be refunded; liquidated damages shall be paid for overdue delivery or substandard quality.

III. Key Tips Before Signing

1. Verify the seller's qualifications and require the presentation of the Commercial Housing Pre-sale Permit and other supporting documents.
2. Carefully read the contract clauses, focusing on core content such as delivery conditions, quality warranty, and liability for breach of contract.
3. Avoid oral agreements and clarify all clauses in writing to prevent subsequent disputes.