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How to write the property share agreement?
Party A: The following houses are owned by * * *, 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 owned by * * *, 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. 1.* * Creditor's rights and debts arising from self-owned houses, in terms of foreign relations, * * * some people enjoy joint and several creditor's rights and bear joint and several 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.
1.2. Any property owner can issue an invitation to offer for housing-related matters. However, if a contract is concluded, it must be approved by more than two-thirds of the owners (including this number, the same below) before it can be signed and implemented.
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.
1.3.* * * The management fees and other burdens of self-owned houses shall be borne according to the share of each property owner.
Second, about the executors of management affairs.
2. 1. All parties unanimously recommend Party A as the executor of the house management, and shall be responsible for the daily management of the house according to the agreement and the principle of good faith.
2.2. 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.
2.3. The original materials produced by the same firm shall be kept by the management executor, who shall provide copies to other property owners.
2.4. Matters concerning the house * * * need to be discussed and decided by all the owners. Under normal circumstances, the management executor is responsible for convening and taking written records.
2.5. 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.
2.6. 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 payment, civil compensation, etc.). ).
Third, about house leasing.
3. 1. With the consent of more than two thirds of the owners, all the owners shall sign a lease contract. If the owners who hold different opinions refuse to cooperate and assist, they shall compensate the huge benefits that other property owners can expect, 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.
3. 1. 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.
3.3 The deposit deposited in the special account shall not be distributed.
3.4. 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.
Fourth, about the possession and use of houses.
4. 1. If the house is not rented, it will remain vacant.
4.2. If it is required to occupy part of * * *, it shall be agreed by more than two-thirds of * * * 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 in proportion to the market price.
Verb (abbreviation of verb) on the transfer of property rights share
5. 1. Some people can transfer their share of property rights through shares, while others have the preemptive right under the same conditions, thus maintaining 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.
5.2. If someone transfers his share of property rights in the form of 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.
5.3. If the share of property rights is transferred by stages, other property owners shall be notified by email, telephone message, express mail and other acceptable means. The Transferor shall give a written reply on whether to exercise the preemptive right within 10 days after receiving the notice. If it fails to give a written reply within the time limit, it shall be deemed as a waiver of the preemptive right.
5.4. If more than two (including two) owners claim the preemptive right, the owners who claim the preemptive right shall consult with the following methods:
1 and * * * are the same as the transferee, and the proportion of the transferee shall be agreed by itself;
2. Draw lots to decide that one party will exercise the priority and the rest will quit;
3. Decide through bidding that one party will exercise the priority, the highest bidder will win, and the rest 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 and analysis of production
6. 1, showing * * * Someone can request division (analysis) at any time.
6.2. 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.
6.3. Division and production analysis procedures shall be carried out as follows: (both can be selected and carried out at the same time)
1. Entrust the real estate agent to issue an offer and issue 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 the shares, it is decided to keep the auction reserve price, sign an auction agreement with the auction institution, and entrust the auction institution to issue an auction announcement for public auction.
6.4. If it cannot be handled after the division analysis procedure specified in the preceding article within days from the date when the division claimant notifies other property owners in writing to request division, the division claimant has the right to file a division analysis lawsuit and request the court to auction the house and divide the auction proceeds.
6.5. 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, about the notice
7. 1. The effective written notice of each owner is as follows:
Party A:
Mobile phone number:
E-mail:
Mailing express address:
Party B:
Mobile phone number:
E-mail:
Mailing express address:
The other party shall be deemed to have received the notice the day after sending the notice to any of the above addresses (numbers).
If the above address (number) is changed, it shall notify other property owners in writing.
Eight. others
8. 1. This agreement is made in duplicate, and shall come into force after being signed by all parties, and shall be jointly implemented by both parties.
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