深圳经济特区房地产转让条例（修正） Regulations of Shenzhen Special Economic

agreed upon by both parties and causing no harm to the state’s interests and others’ lawful rights and interests;

　　(2) the whole or part of the contract of sales of real estate cannot be performed due to force majeure;

　　(3) the performance of the contract of sales of real estate becomes unnecessary resulting from the breach of contract by one of the parties; and

　　(4) the conditions for modification or cancellation the contract of sales of real estate come out.

　　Where both parities agree upon the modifying or canceling of a contract of sales of real estate, they shall conclude an agreement in written form.

　　Where one of the parties claim for modifying or canceling a contract of sales of real estate according to Item 2, 3, 4 of the first paragraph of this article, he shall notice another party in time.

　　Article 25 Where the modification or cancellation of a contract of sales of real estate causes damages to one of the parties, the party at fault shall bear the compensation liability.

　　Article 26 Where the transferor fails to deliver the real estate to the transferee in time due to his fault, he shall pay the breach of contract damages to the transferee. The amount of the damages shall follow the contract of sales of real estate in case there is a provision in the contract or be calculated according to a guide rent for the period of delaying to deliver the real estate in case there is no such provision in the contract. If the fault results in lose to the transferee, the transferor shall bear the responsibility of compensation besides the damages.

　　Where the transferor fails to deliver the real estate to the transferee even exceeding 90 days of the expiration time agreed upon in the contract of sales of real estate, the transferee shall be entitled to cancel the contract, unless as otherwise agreed upon in the agreements between them.

　　Article 27 Where the transferee of the actual selling of real estate does not pay the payable price within specified time limit, he shall pay the breach of contract damages for deferred payment according to relevant rules of deferred payment of the People's Bank of C

hina.

　　Where the transferee fails to pay the payable price to the transferor even exceeding 90 days of the expiration time agreed upon in the contract of sales of real estate, the transferor shall be entitled to cancel the contract, unless as otherwise agreed upon in the agreements between them.

　　Article 28 Where the transferee of the real estate sold in advance does not pay the money of the real estate in time according to the contract of sales of real estate, he shall be liable for the breach of contract according to the following prescriptions:

　　(1) Where the transferee’s payment is more than 50% of the payable price, he shall pay the breach of contract damages for deferred payment according to relevant rules on deferred payment of the People's Bank of China to the transferor; and

　　(2) Where the transferee’s payment is less than 50% of the payable price, the transferor may ask him for paying the breach of contract damages. If a transferor fails to pay the payable price even exceeding 90 days of the expiration time agreed upon in the sales contract of real estates, the transferor shall be entitled to cancel the sales contract of real estates.

　　Article 29 Where the contents of the contract of sales of real estate are not performed wholly after the registration of transfer of the ownership of the real estate, the parties shall continue to perform the contract.

　　Section II Actual Sales of Real Estates

　　Article 30 In the case of actual sales of real estate, the land-use right and ownership of buildings and other things adhering to the land of the transferor shall have been registered and the transferor has got the certificate of property right of the real estate.

　　Article 31 Where the real estate is transferred through sales, the following parties shall have preemptive right under equal conditions:

　　(1) co-owners of the real estate; and

　　(2) tenant of the real estate.

　　Where there are the above-mentioned parties on one real estate sales simultaneously, the enjoyment of the preemptive right shall follow the above-mentioned order.

　　Article 32 The transferee shall have the right to know the situation of real estate including ownership, structure, fitment, relationship of mortgage, relationship of lease, neighborhood relationship and the contract of transfer of the land, while the transferor shall have the duty to disclose such relevant information. Where the transferor intentionally conceals the true circumstances, which results in the invalidity of the contract of sales of real estate, he shall be liable for the loss to the assignee.

　　Article 33 Where the real estate has been rented before the transaction, the transferee shall continue to perform the original contract of house leasing.

　　Section III Real Estate Sales in Advance

　　Article 34 To sell real estate in advance, the real estate developer shall meet the following requirements:

　　(1) Having had the land-use right registered and got the certificate of property right of the real estate;

　　(2) Having got the certificates of "permission to building" and "permission to commencement of construction";

　　(3) Besides having paid off the payable price for the land, the capital invested in the construction shall have reached 25% of total investment of construction budget and been examined by a certified public accountant;

　　(4) Having concluded an agreement on supervision of the selling price in advance with a financial institution; and

　　(5) The land-use right is not mortgaged or the relationship of mortgage has been terminated.

　　Anyone who meets the above-mentioned requirements may be issued the certificate of permission to sales of real estates in advance with the approval of the Competent Authority.

　　Article 35 The developer of real estates shall be liable for the authenticity of documents be

ing shown in public such as the description, design blueprint and advertisement of sales of the real estate selling in advance.

　　Article 36 The funds resulting from selling real estates in advance shall be collected by a financial institution, which is entrusted by the developer.

　　The financial institution to collect the funds resulting from selling real estates in advance shall be the supervisory organization of the funds.

　　Article 37 The funds resulting from selling the real estate in advance shall be earmarked for its specified purpose only, the supervisory institution of construction shall inform the supervisory institution of selling in advance in writing to allocate the funds to a transferor according to a schedule stipulated by a construction contract and actual progress of the construction. Where the supervisory institution of construction does not issue the notice in written form, the supervisory institution of selling in advance shall not allocate the money directly to the transferor.

　　Where the supervisory institution of construction and the supervisory institution of selling in advance supervise and manage inappropriately, which results in a loss to the transferee, they shall bear joint and several liability of compensation with the developer.

　　Article 38 A developer of real estate shall submit the sales contract of real estate to the organization of the registration of real estates to put on records according to the rules formulated by the registration organization of real estates.

　　Article 39 The design of public facilities of the real estate to be sold in advance may not be changed in the course of construction. In case it does need modifying the design, it shall be required to get the permission to at least four fifths of all transferees.

　　Article 40 The developer shall not mortgage the real estate that has been sold in advance.

　　Chapter III Exchange and Donation of Real Estates

　　Article 41 The exchange of real estates refers to any legal act where the parties transfer their own real estates to each other.

　　Article 42 In the case of exchange real estates, the parties shall conclude contracts of exchanging real estates according to law.

　　The conclusion, performance, modification and cancellation of a contract of exchange of real estates shall be carried out with reference to relevant prescriptions in the contract of sales of real estate.

　　Article 43 Donation of real estates refers to any legal acts where one of the parties donates his own real estates to others without consideration.

　　Article 44 A natural person, being a donor, shall have full civil capacity.

　　Article 45 A donee of real estates may be a country, a natural person, a legal person, or other organizations unless as otherwise stipulated by laws and regulations.

　　Article 46 In the case of donating real estates, the donor and the donee shall conclude a contract of donating real estates.

　　Article 47 The time when a contract of donating real estates takes effect shall be the time of registration of the transfer of property right of the real estates.

　　Article 48 In the case of a conditional donation, if the donee does not fulfill obligations according to the agreement, the donor may demand him to do so or revoke the registered donation. If it is unable or unnecessary to carry out the conditions, the donor may not revoke the donation that has been taken effect.

　　Chapter IV Agency and Broker of Transfer of Real Estates

　　Arti

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/