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How to write a real estate share agreement in my country
Looking at it now, the role of the real estate share agreement is still very large. This can avoid a lot of unnecessary disputes and troubles in the future division of real estate, because there are many people in it. When buying a house, it belongs to the couple, and the elders of both parties also contribute money, so it is unfair to allocate the house to one of them based solely on the name on the property certificate. So how to write a real estate share agreement in our country? How to write a real estate share agreement in our country? Real Estate Share Agreement Party A: Is the owner of the following house in shares, and occupies the property share. Party B: Is the owner of the following house by share, and occupies a share of the property rights. Party C: The owner of the house listed below is the owner by share and has a share of the property rights. Party A, B and C are the owners of the house by share. In order to maintain a friendly owner relationship, through friendly negotiation between all parties and in accordance with the Property Law, the following owner agreement has been entered into, and *** agrees to abide by it. . 1. General principles 1. For the claims and debts arising from the house owned by ***, in terms of external relations, the *** owner enjoys joint claims and bears joint and several debts; in terms of internal relationships between *** owners, the *** owner shall share in the Enjoy the creditor's rights and assume the debt according to the share. Anyone who repays debts in excess of his or her share shall have the right to seek repayment from other shareholders. 2. Any property owner may issue an invitation to make an offer on matters related to the owned house, but to conclude a contract with an external party, it must be approved by a share-based owner who accounts for more than two-thirds of the shares (including the original number, the same below) Only after consent can it be signed and executed. When more than two-thirds of the shares are agreed to by shareholders, even owners with different opinions should assist in implementation in accordance with the opinions of the overwhelming majority of owners. If owners with different opinions refuse to cooperate or assist, they should compensate other property owners so that they can expect greater benefits. If someone disagrees with the shares accounting for more than two-thirds of the shares, even the owners with different opinions should assist in the implementation in accordance with the opinions of the overwhelming majority of owners. If owners with different opinions refuse to cooperate or assist, they should compensate other property owners so that they can expect greater benefits. 3. The management fees and other burdens on the houses owned by *** shall be borne according to the share of each property owner. 2. Regarding the executor of management affairs 1. All parties unanimously recommend Fang to be the executor of all management affairs of this house and be responsible for the daily management of the house in accordance with the provisions of this agreement and the principle of good faith. 2. The expenses incurred by the management executor for the common interests shall be borne by all owners according to their share of property rights. The manager shall provide corresponding bills and account book records to all property owners. 3. Regarding the information generated by the house owner and the firm, the originals shall be kept by the management executor, and the management executor shall provide copies to other property owners. 4. If matters related to housing ownership need to be discussed and decided by all property owners, under normal circumstances, the management executor will be responsible for convening and recording in writing. 5. The remuneration of the management executor shall be discussed by all property owners and shall be implemented with the consent of all shareholders accounting for more than two-thirds of the shares. 6. The management executor opens a bank account in the bank in the name of the management executor: as a special account where all proceeds from the house (including rent, deposit, house sale money, civil compensation, etc.) are deposited. 3. Regarding house leasing 1. If the owners accounting for more than two-thirds of the shares agree, all owners should sign a lease contract. If owners with different opinions refuse to cooperate or assist, they should compensate other property owners for what they can expect. The larger benefits include the rental income that can be obtained if the lease contract is performed normally. If there are objections to the shareholding of more than two-thirds of the shares, all owners shall not sign the lease contract. If the owners with different opinions insist on signing and executing the lease contract, the benefits they obtain will still belong to all property owners, and other property rights If there is a loss of expected profits, the above-mentioned owners with different opinions should still compensate. 2. The deposit, rent and other income from the lease contract shall be directly deposited into the special account by the tenant, or collected by the management executor and then deposited into the special account. 3. The deposit deposited into the special account shall not be distributed.
4. The rent deposited into the special account will be transferred by the management executor within 2 days, and the share of each property owner will be transferred to the bank account reserved by each property owner: . The shares belonging to the management executor should also be transferred out to ensure that the funds in the special account belong to all owners according to their shares. 4. Regarding the possession and use of houses 1. If the house is not rented, it should remain vacant. 2. If someone requests to occupy part of the property, it should be agreed by the property owners who hold more than two-thirds of the shares, and rents should be paid to other property owners in proportion to their shares according to the market price. If someone occupies the property without the consent of a share owner who accounts for more than two-thirds of the share, the infringement losses shall be compensated to other property owners in proportion to their shares at twice the market price. 5. Regarding the transfer of property rights shares 1. One person can transfer his or her property rights share on a share basis, and other parties have the right to purchase first under the same conditions in order to maintain a good relationship between the parties. The so-called equal conditions refer to the following three major transaction conditions at the same time: 1. The same price; 2. The same tax burden; 3. A payment method that can pay off the entire amount within days. 2. If someone transfers his property rights share by share ***, this agreement will be used as an attachment to the share transfer. The transferee must unconditionally accept and sign this agreement, otherwise the transferor shall not transfer. If the transferor insists on the transfer and causes disputes and losses to other property owners, he shall be liable for compensation. 3. If someone transfers his share of property rights by share, he should notify other property owners in a receivable way, such as email, phone text message, express delivery, etc. The transferor should reply in writing within 10 days after receiving the notice. Exercising the right of first refusal and failing to provide a written reply within the time limit shall be deemed to have given up the right to purchase. 4. If there are more than 2 owners (including this number) who claim the right of preemption, the owner who claims the right of preemption shall negotiate in the following manner: 1) The owner agrees on the transfer ratio; 2) Draw lots. Determine one party to exercise priority and the other parties to withdraw; 3) Determine one party to exercise priority through bidding, with the higher bidder winning and the remaining parties to withdraw; 4) Other ways to operate and reach consensus. If the owner claiming the right of preemption cannot provide the transferor with a unanimous written opinion on the exercise of the right of priority within 10 days, the transferor has the right to decide to transfer all or part of its share to one of the owners claiming the right of preemption. No further notification to other owners is required. 6. Regarding division and division of production 1. According to shares, someone can request division (division of production) at any time. 2. The property owner who requests partition shall notify other property owners in writing of his request for partition in a reasonably informed manner. If other property owners do not wish to be partitioned, they shall negotiate with the partition requester within 30 days and transfer the property rights share of the partition requester. . If all parties can reach a written agreement on the transfer of the property rights share of the applicant within 30 days, the opinions on transferring the share will be implemented and the division and property analysis procedure will be terminated. If the parties are unable to reach a written agreement on the property rights share of the transferee and division requester within 30 days, the division and property analysis procedure will continue. 3. The property division and property analysis procedures are carried out in the following ways: (can be selected and carried out at the same time) 1) Entrust a real estate agency to list the property and issue an invitation to sell the house. The signing of a sales contract must be approved by more than two-thirds of the shareholders. 2) With the consent of the shareholders accounting for more than two-thirds of the shares, determine the auction sales reserve price, sign an entrusted auction agreement with the auction agency, entrust the auction agency to issue an auction announcement, and conduct a public auction. 4. Within days from the date when the partition requester notifies other property owners in writing of requesting partition, if the house still cannot be disposed of after going through the division and property analysis procedures mentioned above, the partition requester has the right to file a lawsuit for partition and property analysis, request the court to auction the house, and be responsible for the proceeds from the auction. be divided. 5. Reasonable expenses incurred in property analysis and division shall be borne by all owners according to their share of property rights, including: intermediary commissions, auction company fees, court litigation fees, evaluation fees, execution fees (execution procedure evaluation fees, auction fees), etc.
7. The effective written notification method for notifying each property owner is as follows: Party A: Mobile phone number: E-mail: Mailing address: Party B: Mobile phone number: E-mail: Mailing address: Notice is issued according to any of the above addresses (numbers) The other party will be deemed to have received the notification on the 2nd day. If there is any change in the above address (number), other property owners should be notified in writing. 8. Others This agreement is in duplicate and shall be effective upon signature of all parties and shall be executed simultaneously. The main thing is to write down in the agreement the specific shares that each party has for the property, the division of the property after conflicts and disputes, the responsibilities and obligations of each party, the rental use of the house and the rights of each party, etc. Once the property share agreement is written, go to a law firm and consult with a lawyer first, so that the legal risks will be lower.
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