【正文】 ai Method for Real Estate Transfer.[Article 44 (Treatment of Building Area Disconformity upon Delivery of Presold Commodity House) . Upon the delivery of a presold modity house, if its building area is different from that as agreed in the presale Contract, such conditions shall be dealt with as per the following provisions:房屋買賣雙方在簽訂前，應對下列問題予以充分了解：The modity house for presale is a house under construction(or a built house without initial land registration) by the real estate developer, there are uncertainties concerning the area, delivery date and quality of the house. Before signing the purchase Contract, both parties shall be fully acquainted with issues listed below:Before signing of the presale Contract, the real estate developer shall show the presale license of modity housing to the purchaser. With regard to the authenticity and validity of the presale license and the possibilities of limited transfer of rights caused by the facts that the said modity house has been presold repeatedly or sealed up by judicial authorities, the purchaser may make an enquiry to the district/county real estate trading center where the said modity house is located.二、購房是一種民事法律行為，涉及的標的額較大、專業(yè)性較強、法律規(guī)范較多，為更好地維護雙方當事人的權益，雙方簽訂合同時應當慎重，力求簽訂得具體、全面、嚴密。告上海市房屋土地資源管理局制定　　上海市工商行政管理局監(jiān)制二零零零年印制　　Prepared by Shanghai Housing and Land Resources Administration BureauSupervised by Shanghai Industrial and Commercial Administration BureauPrinted in Year 2000知Special NoticeHouse purchase is a civil legal act involves relatively bigger amount of subject matter, higher expertise and more laws and regulations. To better protect the rights and interests of both parties, a Contract shall be entered into with due discretion and as detailed, prehensive and precise as possible.四、為保護合同雙方當事人的合法權益，雙方可以將預售廣告、售樓書約定為商品房預售合同的附件。　　商品房預售時房屋的建筑面積是暫測的，房屋交付時則以上海市房屋土地資源管理局認定的測繪機構實測建筑面積為準。第二款：房屋轉讓時，房屋的公用部位、公用設備與自用部位、自用設備同時轉讓；公用部位的建筑面積按照國家和本市有關規(guī)定由房地產權利人分攤。(2) If the disconformity is caused by design change of the presold modity house, actions shall be taken according to Article 39 of this Method.(Attach here Article 39 as stipulates: the real estate developer cannot change the building design of presold modity house without permission. If it’s proved necessary, the developer shall sign a change agreement of the presale Contract with the purchaser after getting the consent of purchaser and submitting for the approval of planning administration authorities.未征得預購人同意，房地產開發(fā)企業(yè)變更預售商品房的建筑設計的，預購人有權解除預售合同，并由房地產開發(fā)企業(yè)承擔違約責任。（三）除本條第（一）項、第（二）項所列的情形外，建筑面積超過預售合同約定的，受讓人可以不承擔增加建筑面積部分的價款；建筑面積不足預售合同約定的，房地產開發(fā)企業(yè)應當將減少建筑面積部分的價款退還受讓人。2). Subject to the stipulation set forth by Shanghai Regulation for Real Estate Registration that “the real estate developer shall use documents listed by Article 20 of this Regulation and approval documents of modity housing construction projects to proceed initial registration for newlybuilt modity housing before delivery to the purchaser after its final acceptance”, the real estate developer shall acquire Certificate of Real Estate Title for newlybuilt modity housing (the Big Property Certificate) before the building up and delivery of modity housing.3). As stipulated in Construction Project Quality Management Regulation promulgated by the State Council, construction unit shall provide a warranty to the quality of modity housing as: “(1) in case of infrastructure work, groundsill foundation work and main structure work of building construction, the reasonable service life of the work hereinbefore as stated by the design documentation。4) After delivery of the house, if its main body structure is found unqualified, actions can be taken according to Article 32 of Regulation for City Real Estate Development and Operation Management issued by the State Council, which regulates that “after delivery of the house, if the purchaser considers the main structure as unqualified, he/she may apply to project quality supervision units for a second check. If the main structure is really proved disqualified, the purchaser has the right to reject。If any dispute arises during the execution of Contract, both parties can choose to file a suit to the people’s court where the real estate is located or apply to the arbitral mission for arbitration. If arbitration is selected, the application can be made to arbitral mission inside and outside Shanghai, the full name of the incity arbitral mission is Shanghai Arbitral Commission.Signed presale Contract of modity housing shall be timely registered and put on records at relevant real estate registration organ to protect the rights and interests of both parties. Presale Contract without registration shall not counter against a third party in the occurrence of such facts as repeated presale and mortgage. According to relevant regulations, registration can be done together by both parties hereof or solely by the purchaser.ID Card/Passport/Business License Number:聯(lián)系電話：Contact Number:　　國籍：Nationality ______性別：Gender:______出生年月：Date of Birth:________　　住所（址）：Domicile:___________________郵編：Post Code _________身份證/護照/營業(yè)執(zhí)照號碼：　　This Contract is entered into between Party A and Party B on the basis of equality, free will and friendly consultation for Party B to purchase modity house presold by Party A.Party A has obtained the exploitation right ofand purpose of the land is for residential houses.(temporary name/present name) modity housing on the said land lot and the main buildings bear a concrete structure. The building consists of an overground part　　據(jù)甲方暫測該房屋建筑面積為__________平方米，其中套內建筑面積為__________平方米、公用分攤建筑面積為__________平方米。Road.Subject to the temporary measurement by Party A, the building area of this House issquare meters of interior building area andsquare meters of public share building area. The storey height of this House ismeters.References c