How to write China real estate share agreement?
Looking at it now, the real estate share agreement still plays a great role, which can avoid many unnecessary disputes and troubles for the future division of real estate, because many people are husband and wife when buying a house, and then both elderly people also pay for it, so it is unfair to allocate the house to one of them just by the name on the real estate license. So how to write the agreement of China real estate share? How to write the agreement of China real estate share? Ownership Share Agreement Party A: The following houses are owned by shares, accounting for% of the property rights. Party B: The following houses are owned by * * *, accounting for% of the property rights. Party C: The following houses are common property rights, accounting for% of the property rights. Party A, Party B and Party C are the lessees of the house, and in order to maintain friendly relations, the following * * * Owner Agreement is reached through friendly negotiation according to the Property Law for common compliance. I general principles 1. * * Creditor's rights and debts arising from self-owned houses, in terms of foreign relations, * * * people enjoy joint creditor's rights and bear joint debts; In the internal relations of some people, some people enjoy creditor's rights and bear debts according to their shares. The owner who has paid off more than his share of debts has the right to recover from other owners. 2. Any property owner can issue an invitation to offer on matters related to housing. However, if a contract is concluded, it must be signed and executed with the consent of more than two-thirds of the owners (including this number, the same below). With the consent of more than two-thirds of the owners, even if the owners have different opinions, they should assist in the implementation according to the opinions of the vast majority of owners. If the owners who hold different opinions refuse to cooperate and assist, they shall compensate other property owners for the greater benefits they can expect. If more than two-thirds of the owners disagree, even the owners who hold different opinions should assist in the implementation according to the opinions of the vast majority of owners. If the owners who hold different opinions refuse to cooperate and assist, they shall compensate other property owners for the greater benefits they can expect. 3.* * * The management expenses and other burdens of self-owned houses shall be borne according to the share of each property owner. Two. Regarding the executor of management affairs 1, all parties unanimously recommend this party as the executor of management affairs of the house, and take charge of the daily management of the house according to the agreement and the principle of good faith. 2. The expenses incurred by the management executor for the benefit of * * * shall be borne by all owners according to their share of property rights. The manager shall provide all owners with corresponding bills and account records. 3. The original materials produced by the same firm shall be kept by the management executor, who shall provide copies to other property owners. 4. If the same matter about the house needs to be discussed and decided by all the property owners, the management executor is generally responsible for convening and recording it in writing. 5. The remuneration of the management executor shall be discussed by all the owners and implemented with the consent of more than two thirds of the owners. 6. The management executor opens a bank account in the name of the management executor in the bank, which is a special account for all income of the house (including rent, deposit, house sale, civil compensation, etc.). ) .3. With respect to the lease of 1, with the consent of more than two thirds of the owners, all owners shall sign a lease contract. If the owners with different opinions refuse to cooperate and assist, they shall compensate other property owners for the huge benefits that can be expected, including the rental income that can be obtained under the normal performance of the lease contract. If more than two thirds of the shares object, all owners are not allowed to sign the lease contract. If the owners who have different opinions insist on signing and executing, the income obtained therefrom will still be owned by all property owners. If other property owners have expected losses, the above-mentioned property owners with different opinions should still compensate. 2. The deposit, rent and other income of the lease contract shall be directly deposited into the special account by the lessee, or collected and deposited into the special account by the management executor. 3. Deposits deposited in special accounts shall not be distributed. 4. The rent deposited in the special account shall be transferred by the management executor within 2 days, and the share due to each property owner shall be transferred to the bank account reserved by each property owner. The share belonging to the management executor should also be transferred out, so as to ensure that the funds in the special account belong to the owner. 4. Regarding the possession and use of the house 1, the house has not been rented and should be left vacant. 2. If it is required to occupy a * * *, it shall be agreed by more than two-thirds of the * * * people, and the rent shall be paid to other property owners in proportion to the market price. Those who occupy more than two-thirds of the shares without permission shall compensate other property owners for their infringement losses according to twice the market price and the share ratio. V. On the transfer of share of property rights 1 Some people can transfer their share of property rights through shares, while others have the preemptive right under the same conditions to maintain good relations. The so-called equal conditions mean that the following three trading conditions are met at the same time: 1, and the price is the same; 2. The same tax burden method; 3. Payment method that can pay off all the money in a few days. 2. If someone transfers his share of property rights by shares, this agreement is an annex to the share transfer, and the transferee must unconditionally accept and sign this agreement, otherwise the transferor may not transfer it. If the transferor insists on the transfer, causing disputes and losses to other property owners, it shall be liable for compensation. 3. If others transfer their share of property rights by stages, they shall notify other property owners by e-mail, telephone message, express mail and other receivable means. The Transferor shall reply in writing whether to exercise the preemptive right within 10 days after receiving the notice. Failing to give a written reply within the time limit shall be deemed as giving up the right to purchase. 4. If two or more owners (inclusive) claim the preemptive right, the owners who claim the preemptive right shall negotiate in the following ways: 1)*** negotiate with the transferee, and the transferee ratio shall be agreed by themselves; 2) draw lots to decide that one party will exercise the priority and the other party will quit; 3) Through bidding, it is decided that one party will exercise the priority, the highest bidder will win, and the others will quit; 4) Operate in other ways and reach an agreement. If the owner claiming the preemptive right fails to provide the Transferor with a unanimous written opinion on exercising the preemptive right within 10 days, the Transferor has the right to decide to transfer all or part of its shares to one of the owners claiming the preemptive right without notifying other owners. Six, about the division, analysis of production 1, according to the share * * * someone can request division at any time (analysis of production). 2. The owner who requests the division shall notify other owners in writing in a reasonable way. If other property owners are unwilling to divide, they shall negotiate with the division claimant within 30 days to receive the property share of the division claimant. If the parties can reach a written agreement on the transferee's share of property rights within 30 days, the opinions on share transfer will be implemented and the segmentation analysis procedure will be terminated. If both parties fail to reach a written agreement on the transfer of the property rights share of the split claimant within 30 days, the split production analysis procedure will continue. 3. The division analysis procedure is carried out as follows: (You can choose and do at the same time) 1) Entrust the real estate agent to issue an offer and send out an invitation to sell the house. The signing of a sales contract must be agreed by more than two thirds of the people. 2) With the consent of more than two thirds of * * * people, decide the auction sales reserve price, sign an auction agreement with the auction institution, and entrust the auction institution to issue an auction announcement for public auction. 4. If it cannot be handled after the segmentation analysis procedure specified in the preceding article within days from the date when the segmentation claimant notifies other property owners in writing to request segmentation, the segmentation claimant has the right to file a segmentation analysis lawsuit and request the court to auction the house and segment the auction proceeds. 5. All owners shall bear the reasonable expenses incurred by analyzing and dividing production according to their share of property rights, including intermediary commission, auction company handling fee, court litigation fee, evaluation fee, execution fee (execution procedure evaluation fee, auction fee), etc. Seven. The effective written notice method for notifying all property owners is as follows: Party A: mobile phone number: e-mail: postal delivery address: Party B: mobile phone number: e-mail address: the notice is deemed to have been received by the other party the day after it is sent at any of the above addresses (numbers). If the above address (number) is changed, it shall notify other property owners in writing. Eight, other copies of this agreement, signed by all parties, * * * with the implementation. Mainly in the agreement, the specific share of the property owned by each party, the division of property after encountering contradictions and disputes, the responsibilities and obligations assumed by each party, the rental and use of the house and the rights of each party are stated. You can write a property division agreement first and ask the lawyers of the law firm, so the legal risk will be lower.