Prefabricated House Sales Agreement

If the prefabricated house sales agreement refers to a house pre-sale agreement, that is, a commercial housing pre-sale contract, it is a pre-sale agreement signed between a real estate development enterprise and a purchaser for a house under construction. It must comply with regulations such as the 'Measures for the Administration of the Pre-sale of Urban Commercial Housing'. The core content and key points are as follows:

1. Contract Definition and Nature
A commercial housing pre-sale contract is a sales contract in which a real estate development enterprise pre-sells a house under construction to a purchaser, and the purchaser pays a deposit or the house price. Its nature is a principal contract (directly establishing a sales relationship), rather than a preliminary contract (requiring a separate principal contract to be concluded) or a futures sales contract (where the subject matter is the contract itself and the price is determined through bidding). According to the 'Measures for the Administration of the Pre-sale of Urban Commercial Housing', the pre-seller must have development qualifications, obtain a pre-sale permit, and file for record-keeping for the contract to be valid.

2. Contract Content Requirements
In accordance with Article 596 of the 'Civil Code', the contract must clearly specify elements such as the name, quantity, quality, price, performance period, performance location, and method of the subject matter. Specifically, it includes:

• House Information: Location, architectural form (such as residential or commercial), and area (including the interior area and common area);
• Price and Payment: Total price, pricing standard (such as pricing based on building area), and payment method (installment payments for self-funded amounts, loan payments, or one-time payment);
• Delivery Conditions: Construction must be carried out in accordance with approved drawings. If design changes affect usability (such as the addition of large steps to a commercial property), the buyer may claim to terminate the contract.

3. Core Clauses

• Payment Method: Self-funded amounts are paid in installments according to the progress of the project, and loan terms (such as interest rate and term) must be clearly specified for the loan portion; installment payments allow homebuyers to pay in stages based on the construction progress.
• Delivery and Contract Termination: The buyer may terminate the contract in cases such as the seller's delayed delivery, lack of valid documents rendering the contract invalid, inability to obtain a property certificate, an absolute value of the area error ratio exceeding 3%, or substandard house quality.
• Liability for Breach of Contract: Both parties agree on the standard for liquidated damages for delayed delivery (such as paying 0.01% of the paid house price per day), and the seller assumes a one-year quality guarantee responsibility after the house is delivered.
• Property Registration: The property registration fee is borne by the buyer, and the property certificate is uniformly handled by the seller through a commissioned scrivener.

4. Policies and Risk Prevention

• Compliance: The contract must comply with regulations such as the 'Measures for the Administration of the Pre-sale of Urban Commercial Housing'. The pre-seller must publicly display documents such as the 'Commercial Housing Pre-sale Permit'.
• Dispute Resolution: In judicial practice, issues such as price disputes, delayed delivery, and the death of the buyer are handled in combination with the contract's validity and the principle of change of circumstances.
• Special Clauses: Clauses may be included to specify the division of responsibilities between the parties in case of inability to perform due to purchase restrictions, or the legal consequences after waiving the claim for liquidated damages (such as compensation in other ways).

5. Model Texts
The Ministry of Housing and Urban-Rural Development and the State Administration for Industry and Commerce revised the 'Model Text of the Commercial Housing Sales Contract' in 2014, including the 'Model Text of the Commercial Housing Sales Contract (Pre-sale)' (GF-2014-0171). For example, the Guangzhou Housing and Urban-Rural Development Bureau requires the seller to present pre-sale permit documents before signing and reminds buyers to guard against transaction risks.