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房地产英语

2017-06-05 50页 doc 288KB 14阅读

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房地产英语Chapter one 与房屋有关的词汇 House(房子) semi-detached house 半独立式房子(一栋房子从中间隔开,成为两户人家,花园也用篱笆隔开) detached house 独立式房子(一家拥有) terraced houses/ row houses 连栋房屋(互相连接的一排房屋;两幢之间只有一层墙壁相隔) fence 篱笆 front door 房子前门 garage 车库 driveway 车库通向马路的空地 Flat/Apartment (公寓) block of f...
房地产英语
Chapter one 与房屋有关的词汇 House(房子) semi-detached house 半独立式房子(一栋房子从中间隔开,成为两户人家,花园也用篱笆隔开) detached house 独立式房子(一家拥有) terraced houses/ row houses 连栋房屋(互相连接的一排房屋;两幢之间只有一层墙壁相隔) fence 篱笆 front door 房子前门 garage 车库 driveway 车库通向马路的空地 Flat/Apartment (公寓) block of flats 公寓楼 ground floor 第一层 first floor 第二层 lift/elevator 电梯 stairs 楼梯 steps 楼外的台阶 balcony 阳台 Renting (租房) landlord 房东 rent 房租 House Leasing Contract 房屋 deposit 定金 furnished house/ apartment有家具的房子/公寓 unfurnished house/ apartment 无家具的房子/公寓 a vacant room/ a spare room 空房 single room 单人间 double room 双人间 utilities 水、电、煤气和垃圾处理等费用 flatmate 合住一套公寓的人;合租者 letting agency 房屋中介 agency fee 中介费 海外留学租房三攻略 home stay 寄宿家庭,指和房东住在一起,由房东提供食宿 university accommodation 学校宿舍(住在大学提供的宿舍里) private accommodation 私人住房Room (房间) cozy 温馨的living room/lounge 起居室 ;客厅bedroom 卧室 main bedroom 主卧carpet 地毯 coffee table (置于沙发前的)茶几 armchair 单人沙发 sofa 沙发 remote control 遥控器 radiator 暖气片central heating 中央供暖fridge/ freezer 冰箱 kettle 电烧水壶 stool 厨房高脚椅 oven 烤箱 dishwasher 洗碗机 tap 水龙头 sink 洗碗池 cupboard 橱柜 shower 淋浴/冲凉 bath 浴缸bathroom 卫生间main bathroom 主卫 toilet 马桶 Buy a (an)flat/ apartment 买房 real estate 房地产mortgage 按揭(指向银行借长期抵押贷款,用来买房子) down payment 首付completed apartment/flat 现房(指已建好供销售的房子) forward housing delivery 期房resold apartment 二手房affordable housing 经济适用房housing price 房价 按揭贷款 mortgage loan   按揭购房 to buy a house on mortgage; to mortgage a house 房屋空置率 housing vacancy rate   安居工程 Comfortable Housing Project   板楼,板式楼 slab-type apartment building 搬迁户 a relocated unit or household   财产税 property tax;estate(or capital) duty 拆迁补偿费 compensation for demolition   拆迁费用 removal expense   城镇住房公积金 urban housing provident fund 低价住房 low-cost housing   二手房 second-hand house   房产估价师 real estate evaluator   房产证 property ownership certificate 房屋置换 buy or exchange houses   炒房者real estate speculator   房改 housing system reform   房管 real estate management 房权证 property right certificate   房产市场 real estate market 房屋空置率 housing vacancy rate   福利分房 welfare-oriented public housing distribution system 个人购房贷款 individual housing loan   公房商品化 commercialization of public housing 集资房 houses built with funds collected by the buyers 居民住房建设 residential construction  人均住房per-capital housing   现房 complete department (or flat) 期房 forward delivery housing   商品房 commercial residential building 商品房空置 the vacancy problem in commercial housing 政策性住房 policy-related house, policy-based house 住房补贴 rental allowance; housing allowance   住房分配货币化进程 capitalization process of housing distribution/allocation property 物业,资产 interest 产权 subsidiary 附属机构,子公司 valuation 评估 open market value 公开市场价值 leaseback 售后回租(即租回已出售的财产) on a residual basis 剩余法 capital value 资本价值 cost of development 开发费(指拆迁费,七通一平费等) professional fee 专业人员费(指勘察费等) finance costs 融资成本(指利息等) sale proceeds 销售收益 on the basis of capitalisation 资本还原法 floor area 建筑面积 title document 契约文书 plaza 购物中心 land use certificate 土地使用证 commercial/residential complex 商住综合楼 land use fee 土地使用费(获得土地使用权后,每年支付国家的使用土地费用) Grant Contract of Land Use Right 土地使用权出让合同 plot ratio 容积率 site coverage 建筑密度 land use term 土地使用期 project approval 项目许可 planning approval 规划许可 commission 佣金 permit 许可证 business license 营业执照 strata-title 分层所有权 public utilities 公共设施 urban planning 城市规划 state-owned land 国有土地 fiscal allotment 财政拨款 grant or transfer 出让或转让 the Municipal Land Administration Bureau 市土地管理局 infrastructure 基础设施 financial budget 财政预算 public bidding 公开招标 auction 拍卖 negotiation /agreement land efficiency 土地效益 location classification 地段等级 projecting parameter 规划参数 government assignment 政府划拨 administrative institution 行政事业单位 key zones for development 重点开发区 tract 大片土地 biding document 标书 prerequisitioned land 预征土地 competent authorities 主管部门 construction project 建设项目 planning permit of construction engineering 建设工程规划许可证 go through the formalities 办手续 comprehensive sub-areas 综合分区 reconstruction of old area 旧区改造 purchasing power 购买力 property trust 物业信托 equity 权益 cash flows 现金流量 appreciation 增值 disposition 处置 hedge 保值措施 income tax shelter 收入税的庇护 downturn (经济)衰退 wealth maximisation 最大限度的增加财产(同其他投资相比) forecast 预测 rules-of-thumb techniques 经验法 mortgage lender 抵押放贷者 vacancy 空房 discounted cash flow models 折现值现金流量模型 expectation 期望值 letting 出租 equity reversion 权益回收 bad debts 坏帐 depreciation allowances 折旧费 supplies 日常用品 utilities 公共事业设备 allowances for repairs and maintenance 维修费 unpaid mortgage balance 抵押贷款欠额 stamp duty印花税 recession 衰退
overproduction 生产过剩 glut 供过于求 high-technology 高科技 investment strategy投资策略 circulation 发行量 entrepreneur 倡导者,企业家 coliseum 大体育场,大剧院 chambers (商业资本家联合组织的)会所 arena 室内运动场 socioeconomic status 社会经济地位 amenities 便利设施 condominium 个人占有公寓房,一套公寓房的个人所有权 income bracket 收入档次 tenement 分租合住的经济公寓 area code (电话)地区代码 community 社区 assessment 估价 downzone 降低区划规模 housing residences住宅 租房实用英语 1. Do you have any apartments for rent right now? 你们现在有没有公寓要出租啊? 假设今天我们在报纸上看到房屋出租 (To lease, To let) 的广告,接下来要做的就是打电话给租屋中介 (leasing agent) 或是房东 (landlord, landlady) 确定一下有没有房子要出租。寒暄一两句之后,就可以直接切入正题,"Do you have any apartments for rent right now?" 、 "Do you have any apartment available right now?" 或是 "Do you still have a vacancy?" (还有空的公寓吗?) 都是不错的讲法。 同样的问法也常见于去旅馆"开房间"时,通常一进旅馆,我就会先问,"Do you have any rooms available?" 或是 "Do you still have a vacancy?"不过很多旅馆特别是 Motel,招牌下都会挂一个 No Vacancy 的灯,如果还有空房间,则 No 是暗的,只见 Vacancy 的灯是亮着。如果客满的话,则整个 No Vacancy 的灯都是亮着的,各位不妨在进旅馆前先确定一下。 如果对方的确有公寓要出租,那我们就可以紧接着问对方,"What kind of apartment do you have?" (你们的公寓什么样啊?) 如果很不巧的房子刚刚才租出去 (lend out),你可以换别家试试,或者再确认一下,"When would you say that there would be an apartment available again?" (那你觉得什么时候才会有房子空出来呢?) 说不定再耐心等等就会有空房子了呢! 2. I'd like to rent either a studio or a one-bed room apartment. 我想租一间小套房或是一房一厅的公寓。 美国的房子一般可分为下列几种,house 是独栋的房子,通常有好几个房间、车库,通常家家户户都还有自己的草坪和院子。condominium (常简称 condo),是一栋建物分属不同的住户,而且住户通常拥有房子的产权。townhouse 则是相连的住户,通常只有很小的院子,但房子本身都有二到三层楼,以充份利用空间。 但一般刚来美国的人住的都是 apartment。美国的 apartment 通常是由专门的租赁公司来经营管理,所以常常是整个社区的 apartments 都是用来出租的。住户一般并没有产权,你真的想买他们也不会卖给你。社区内一般都规划有网球场、游泳池、健身房跟洗衣房等设施 (住户通常不被允许私购洗衣机,一来是安全考量,二来是为了增加收入) ,像这种在国内只有有钱人才住得起的高级社区在美国居然连穷学生都能负担得起,真是非常神奇。一般而言,住 apartment 是最便宜的,通常是给学生或是刚结婚还没生小孩的人住的。等到稍有经济基础了,小孩也有了,一般人就会想买个 condo 或是 townhouse 定居下来。至于拥有一间 house,则是很多人口中所谓的 American dream (美国梦),其实这个梦想并不难实现,毕竟在美国房价只占大部分人收入中的一小部分,比国内是便宜多了。 如果公寓再细分的话,通常有 studio (或称 efficiency,中文则可翻成是套房)、one-bedroom (一室一厅) 跟 two-bedroom apartment (二室一厅) 这几种。差别在于 studio 的客厅、厨房和卧房是连在一起的,它除了浴室之外没有其它任何隔间。 3. What’s the rent on that? How much is the deposit? 租金是多少?押金又是多少?   Rent 这个字除了当动词「出租」之外,也可当成名词「租金」解释。所以当你想询间对方租金是多少时,可以说,"How much is the rent?" 或是 "How much is it per month?" (每个月多少钱啊?) 当然除了 rent 之外,租房子之前通常要另外付一笔押金 (security deposit 或 cleaning deposit),当你搬走时要是被招租人 (leaser) 发现有什么家俱被房客 (tenant, lessee) 用坏时,他们就可以从这笔 deposit 当中扣除。有些地方法律规定,如果房东持有押金「超过」一年,应付房客利息,可事先问清楚。    4. Do I have to sign a twelve-month lease? 我要签十二个月的租约吗?   如果决定要租下某一间房子,则要和房东或是租赁公司签定所谓的租约 (lease),这种契约一旦签下去双方就有法律上履约的责任。通常制式化的租约都是以一年十二个月为一期,但是有时候租屋公司也会提供一个月到六个月不等的选择,所以不妨先问一下,"How long the lease is gonna be?" 如果很确定是一年的契约,则可以确定一下,"Do I have to sign a twelve-month lease?" "Do I have to sign for a one-year term?" (是不是一定要签一年呢?)   依照个人的经验,通常一次租一年会有一些特别的优惠,通常是会有一个月的房租免费。但是可不一定是付十一个月最后那个月免费,有时候是付十二个月第十三个月免费,所以像这种最好都先问清楚,"Do I get an extra month free?" (是不是有一个月是免费的啊?) 有些租约还要求有保人 sponsor 或介绍人 reference (通常是前房东) 。与不熟的人合租时或是再分租 (sublease) 给别人时,应事先「书面」协定合住公约∶包括公共设施费用负担提前迁出时谁负责找人续约找人时是否须经室友同意才算数。绝对不要忽略此点,否则可能有很惨的结局)。   5.How many square feet is that studio? 那间套房有多少平方英尺?   由于老美惯用的单位是英制,所以当我们要询问一个房子有多大时,应该是用平方英尺 square feet 来作为计量单位,例如你可以问 "How many square feet is that?" 而非 "How many square meters is that?" 当然更不能问说有多少「坪」啦!如果记不了这么多,乾脆直接问说,"How big is that apartment?" (这间公寓有多大?) 比较方便。 为了各位换算方便起见,在这里提供一下简易的单位换算,一公尺等于 3.28 英尺,所以一平方公尺就等于 10.76 平方英尺,而一坪约略等于 3.3 平方公尺,也就相当于 35.51 平方英尺。   6. Is there a view from there? 从那里有任何视野吗?   一般人喜欢住的房子都是展望好,采光佳。像这些要求在英文里要怎么表达?首先「展望好」可以简单地说,"Is there a view from there?" 或是 "Does it have a view?" 这个 view 就代表了「视野、展望」的意思。注意一下,受到母语干扰的关系,很多人会说成 "Is there any view from there?" 这里用 any view 是不对的,这里要用 a view 才行。大家应该知道有部很有名的电影叫「窗外有蓝天」吧!这部电影原来的名称就是 "A Room with a View."   至于采光的话我们可以用到 natural light (自然光) 或是 sunlight (阳光) 这两个字。例如你可以问房东, "Does the apartment get much natural light?" 或是 "Does the room receive much sunlight?" 意思都是问说「房子里采光好不好?」   7. Is it furnished?   有附家俱吗?   在美国租房子前还有一个必须问清楚的就是这间房子是空屋租给还是有附家俱 (furniture),有些公寓是所谓的 furnished apartment,所以基本的家俱像是炉子、桌椅、床、柜子 (closet) 等等都有,当你搬进去时只要带一些简单的行李就行啦!   注意因为 furnished 和 furniture 这两个字很接近,所以有些人想到附家俱 (furniture) 的,就会直接在 furniture 后头直接加成 d 变成形容词,变成了 "It is furnitured." 这当然是错误的,因为英文里根本没有 furnitured 这个形容词,只有 furnished 这个字。   8. I live on campus now but I plan to move to an apartment off-campus in six months .   我现在住在学校,但我打算在六月后搬进学校外的公寓。   当我们说住在一栋公寓或是房子时,用的是 in 这个介系词。例如 live in a house, live in an apartment 等。但是注意了,当你说我住在「学校」时,不能说 "I live in school.",而是应该说 "I live on campus." 或是 "I live in school housing." ,同理,住在学校外也不应该说,"I live out of school." ,正确的讲法是 "I live off campus." 基本上 on campus,和 off campus 都是固定的用法,不应随便改成其它字,大家应该要记一下这样的用法。   还有这里讲的 live on campus 多半都是指大学生住在大学的宿舍 (dorms) 或是兄弟姐妺会 (fraternity/sorority) 的宿舍 (Greek house),一般高中生如果住校的话,则多半是因为他们这个学校是一个寄宿学校 (boarding school),也就是强迫学生一定要住校。因为是强迫性质的,所以很少老美会说 "I live in a boarding school.",他们会简单地说,"I went to a boarding school." 这在和老美的对话中常会听到。比方说你问老美,"Where are you from?" (你从哪里来的?) 典型的回答,"I am from Florida originally, but I went to a boarding school in New Jersey for three years." (我老家在佛罗里达,但之前我在纽泽西的寄宿学校待了三年。)   9. What utilities am I responsible for?   我要负担哪些公共设施?   Utilities 泛指一般的公共设施及水电瓦斯,一般租房子是不包括 utilities 的 ,水电通常还要自己另外再向当地的水电公司去申请。所以租房子时免不了要先问,"Are utilities included?" (有包含水电吗?) 或是 "What utilities am I responsible for?" (我要负担什么样的公共设施?) 因为每个地方的规定不同,例如有些地方水是免费但电要自己付担,还有些地方是法律规定房东冬天一定要供应暖气,但费用是由谁负担则不妨先弄清楚。还有一些人比较不会注意到的是炉子 (range) 和热水器 (water heater) 烧的是瓦斯还是电热装置。因为一般电比瓦斯便宜,如果用的是瓦斯,可能一个月的帐单又会多出好几十块。所以最好问一下,"Do you use electricity or gas for water heater?" (你们用电还是瓦斯?)   此外不一定包含在 utilities 的民生必需品则是 cable TV service (有线电视,老美常简称 cable), phone (电话) 和 internet connection service (上网拨接)。这些在租房子前也不妨先问清楚,"I also need cable, what number do you think I should call?" (我还需要有线电视,你想我该打电话找谁?)   10. All right, I’ll take it. I’ll see you in the rental office.   好的,我决定要它了,我再去租赁办公室找你。   如果一切都没问题了,最后还是要亲自跑一趟 rental office (假设是租赁公司的话),有时候他们经理还会先跟你面谈一下,看看你这个人将来会不会变成恶房客,再决定要不要把房子租给你。再来就是签定 lease,一切都大功告成了!   Rental office 是专门管理整个社区的办公室,在学校的话则称为 housing department。租房子各种大大小小的问题找他们就对了。有时它们会提供一些你想都没想到的服务,像我们学校的 housing 有提供 pest control 的服务,厨房发现蟑螂吗?先别急著买杀虫剂,只要打个电话给 housing,他们自然就会派人 (exterminator) 来帮你搞定。 Chapter two : case study 1。委托代理出售 Mr. Johnson因为要回英国,要把他在香港的房子卖掉。但是他的工作很忙,没时间自己处理,于是他来到一家物业代理公司。下面是他们之间的对话。 A--Agent James Wilson 物业代理詹姆士·威尔逊 C--Client Mr. Johnson 客户约翰逊先生 A: Good morning, sir. Have a seat please. 先生,早上好,请坐。 C: I would like to know the state of the residential property market right now because I have an apartment to sell. 我想知道现时住宅物业的市场情况,因为我想把我的住宅出售。 A: Sure, here is my business card. I'm James Wilson. Let me explain to you how things are. In recent months, the demand for residential properties has become extremely high. The price of residential property has risen almost twenty percent. 没问题,这是我的名片。我叫詹姆士·威尔逊。让我向你解释一下住宅物业的市场情况。 最近几个月住宅物业需求挺大。房屋价格上涨了将近20%。 C: Really? Since I have to go back to England within the next few months, I would like to sell my apartment as soon as possible. 真的?由于我必须于在几个月内返回英国,所以我想尽快卖出我的房子。 A: Don't worry, sir. I think it's a seller's market right now. Let me get down some information about your apartment first. What is your property's address? 先生,不用担心,现在是卖方市场。。让我先记录一些关于你的房子的资料。请问你的房子在哪里? C: Flat C.15/F, Tong House, Tai Koo Shing. 在太古城唐厦十五楼C室。 A: What is the square footage of your property? How many bedrooms and living rooms? 你的房子面积有多大? 有几间卧室和客厅? C: Its gross area is approximately nine hundred square feet. There's one living room, one dining room, one master bedroom and two other bedrooms. 建筑面积约九百平方英尺。有一个客房,一个饭厅,一间主卧室和两间客卧。 A: What is the orientation and view? 你的房子的座向及观景怎么样? C: It faces south with a hillside view. 它是朝南,面对山景的。 A: The market price for Tong House is around five thousand Hong Kong dollars per square foot, but it also depends on the internal layout and condition of the house. 唐厦的市场售价每平方英尺约五千港币,不过要视房子的内部布局及装修而定。 C: I would like to ask four point five million Hong Kong dollars. 我希望定价为港币四百五十万元。 A: May I have your name and contact number, Sir? 先生,可否告知我你的名字及联络电话号码? C: Johnson, and my contact number is 28765432. My office number is 21234567. 我叫约翰逊,我的联系电话是28765432,公司电话号码是21234567。 A: Thank you, Mr. Johnson. May I ask you one more question? When will your property become available? 谢谢你,约翰逊先生。我可以再问你一个问题吗?请问你的房子何时可以交付? C: In about one month. 约一个月之后。 A: Also, Mr. Johnson, I would like to remind you my company will charge a commission equivalent to one percent of the transaction price in the event of a successful selling of the property through our introduction. 还有,约翰逊先生,我想提醒你,如果我们为你成功介绍买家,本公司向你收取成交价的百分之一作为佣金。 C: No problem. 没有问题。 A: Thank you very much. I will introduce your property to our clients. When they want to see your property, I will give you a call. 非常感谢,我会把你的房产介绍给我公司的客户。如果客户想看楼,我会通知你的。 C: Thank you. 谢谢。 2. 代理买房 约翰逊先生要卖房的广告登出去没多久,就有顾客来咨询买房事宜。威尔逊先生接待了她。下面是他们之间的对话。 A--Agent James Wilson 物业代理詹姆士·威尔逊 C--Client Mrs. Chen 客户陈太太 A: Good morning, Madam, and how do you do? 早晨好,太太,您好! C: Fine, I would like to check out today's news-paper advertising on Tong House. 早晨好,我想询问你们在今天的报章中刊登有关唐厦的广告。 A: Yes, Madam. Have a seat please. I think you mean the one priced at four point five million Hong Kong dollars. May l have your name, please? 好的,太太,请坐。我想你所指的是定价四百五十万的那个住宅。请问您怎么称呼? C: I'm Mrs. Chen. Is the flat still available? 我是陈太太,那个房子是否已经售出? A: Mrs. Chen, here is my name card. I'm James Wilson. The Tong House is about seventeen years old but the internal condition is fine. May I know if you are familiar with the neighborhood here? Do you know the location of Tong House? 陈太太,这是我的名片,我是詹姆士·约翰逊。唐厦的楼龄约有十七年,不过楼盘保养良好。你对附近的环境熟识吗?你知道唐厦的位置在哪里吗? C: No, I don't live around there, but I know the location and environment of Tai Koo Shing. I know the average price of five thousand Hong Kong dollars per square foot is very attractive. May I know the size, the layout and the view of the house? 我不是住在附近的,但我清楚太古城的位置及周围的环境。在太古城每平方英尺港币五千块的售价是很吸引人的。可否告诉我那套房子的面积,布局和观景如何吗? A: Sure. The area of this flat is around nine hundred square feet. It is designed as one living room, one dining room, one master bedroom and two bedrooms. 当然可以。房子面积约九百平方英尺。有一个客厅,一个饭厅,一个主卧和两间客房。 C: Do you have the floor plan of the building? 你有没有这栋大厦的平面图? A: Yes, Mrs. Chen. Here it is. For this unit, the efficiency rate is very high because the layout is very effective. Also, the owner keeps the house in a good condition. Maybe I can show you the house. 有。陈太太,这就是了。以这套房子而言,由于它的设计很实用,所以使用率很高。再者,业主把房子保持得非常好。或者我先带您看看房子。 C: Very well. Can we go now? 非常好。是不是现在就去? A: Give me a minute. Let me call the owner first. 请稍候,让我先通知业主。 C: Thank you. 谢谢。 3.看房 Scene: After Mrs.Chen signed the inspection record, James Wilson shows Mrs.Chen to Mr.Johnson's house. Bell rings. 陈太太签署看楼协议书后,詹姆士·威尔逊带陈太太到约翰逊先生的房子实地看视。他们按了门铃。 A--Agent James Wilson 物业代理詹姆士·威尔逊 S--Seller Mr. Johnson 卖家约翰逊先生 B--Buyer Mrs. Chen 买家陈太太 A: Hello, Mr. Johnson, I am with Mrs. Chen to view your house. 您好,约翰逊先生。这是陈太太,她来看看您的房子。 S: Please come in and feel free to take a look around the house. 请进来随便参观一下。 A: Mrs. Chen, as you can see, the decoration is in perfect condition. The kitchen is on your left. Look! It is so big five people could sit here. (They walk to the living room) The layout of the flat consists of one dining room, one living room, one master bedroom and two bedrooms. The gross area of this unit is nine hundred and thirteen square feet. 陈太太,这套房子装修挺好的,厨房就在左边。看,厨房可以容纳五个人。(他们步入客厅)。这套房子的基本设计为三室二厅,一个客厅,一个饭厅,一间主卧和两间客房。建筑面积是九百一十三平方英尺。 B: Does this apartment face south? 这房子是向南的吗? A: The living room faces south and the bedrooms face north. Mrs. Chen, what do you think of this unit? It has a beautiful hill view and a quiet environment. Also, Tai Koo Shing has many amenities such as a grand shopping mall, wonderful playground, residents club, four standard tennis courts and a few supermarkets. 客厅向南,卧室向北。陈太太,你觉得这套房子怎么样?这房子面向山景,风景不错,环境安静。而且小区配套设施齐备,有大型购物商场,儿童游乐场,业主会所,四个标准网球场,超级市场等等。 B: Great! 很好。 A: May I ask if your interest in the unit is for investment or self-use? 陈太太,你买这房子是投资还是自用呢? B: The purpose is for investment because I hear from my friend that the rental return for Tai Koo Shing is not bad. 我的目的是投资,因为我听说太古城的房屋租金回报不错。 A: Sure, Mrs. Chen, the rent for this unit is around thirty-five thousand Hong Kong dollars. The yield is almost ten percent. Many Japanese and Westerners love to live here. It's only because Mr. Johnson must go back to England that he has to sell this unit. 这是肯定的。陈太太,这套房子每月租金约三万五千元,回报率可达百分之十。因为日本人和西方人喜欢住在这里。因为约翰逊先生必须回英国,否则他可不愿意卖这房子的。 B: I understand. The flat is in good condition and I don't have to redecorate it later. But, I've got to discuss it with my husband first. Mr. Wilson, how about I call you to make an appointment again? 我明白,这房子基本情况很好,我不需要重新装修。不过,我要先和我先生商量。威尔逊先生,不如我再给你打电话再约吧? A: Sure. Mrs. Chen, anyway, I should remind you that you must be quick because I have other clients wanting to see this unit. 没问题,陈太太。不过,我必须提醒您要快点决定,因为还有其他客户要求看这房子的。 B: Okay. I'll call you later. 好的,稍后我再给你打电话。 A: Thank you, Mr. Johnson. I'll call you when I get back to the office. 谢谢你,约翰逊先生,我回公司后再和你电话联络。 S: Thank you. I'll wait for your call. Bye. 谢谢。我等你的电话,再见 。 A: Bye. 4. 委托代理租房 罗伯茨先生现在租的房子快到期了,房东想把房子卖掉。于是罗伯茨先生打算另租房子。今天,他来到代理公司,和代理谈了租房的意思。下面是他们之间的对话。 A--Agent Lu Chen 物业代理陈路 C--Client Mr. Roberts 客户罗伯茨先生 A: Hi, sir. May I help you? 先生,你好,我可以帮你吗? C: Yes, please. I am looking to lease an apartment. 好的,麻烦你。我正想租套房子。 A: This is my business card. I am Lu Chen. Nice to meet you. 这是我的名片,我叫陈路。很高兴认识你。 C: Thank you. I am Sam Roberts. I am looking for an apartment of around one thousand square feet for my family. 谢谢。我叫山姆·罗伯茨。我想找一个约一千平方英尺的住宅公寓给我的家人住。 A: Mr. Roberts, are you familiar with this area? 罗伯茨先生,你对这一带熟悉吗? C: Yes, I am living in Rose Garden now, but the lease will expire in two months. The landlord is going to sell his apartment. 是的,我现在住在玫瑰花园,不过租约将在两个月后到期。业主已决定出售那套住宅公寓。 A: I see. I guess you prefer remaining in the same neighborhood. Let me check the computer's property data for you first. (After a few minutes.) Sir, do you know Robinson Garden? 我明白,罗伯茨先生,我估计你希望住在原来的小区附近。让我先查查电脑物业资料。(约数分钟后。) C: No. I'm sorry to say so. 对不起,我不知道。 (Lu Chen points out the location of Robinson Garden from the map.) (陈路将该区地图给罗伯茨先生看,并指示该大厦位置) A: Robinson Garden is only two years old. The first floor has a prestigious lobby and a car park entrance. The second and third floors are for car parking only. The fourth floor is the clubhouse, which includes a fitness center and one swimming pool. Over the platform are two of thirty level residential buildings. There are four units on each floor. The unit areas are between eight hundred square feet and one thousand three hundred square feet. The mid-level has one vacant unit for lease. The gross area is one thousand three hundred square feet and the net area is almost one thousand square feet. The layout of the unit includes one huge living room, one dining room and three bedrooms. The maid's room is attached to the kitchen. 鲁宾逊花园楼龄只有两年。这大厦设计是地面首层为大堂及停车场入口。第二和第三层为停车场。第四层是会所,包括健身房及游泳池。平台上为两幢三十层的住宅。每层有四个单元。 单位面积从八百平方英尺到一千三百平方英尺不等。现在中层有一个出租房子的。建筑面积约一千三百英尺,使用面积接近一千平方英尺。房屋布局有一个大客厅,一个饭厅,还有三个卧室。佣人的房间挨着厨房。 C: Is it furnished or non-furnished? 房子里家具齐全吗? A: It is a furnished apartment with necessary home appliances. 有家具和必备的家用电器。 C: How much is the rent? 租金多少? A: The asking rent is forty-five thousand Hong Kong dollars per month. 租金是每月港币四万五千元。 C: Okay. I would like to check the house with my wife tomorrow right after seven. Also, can you show me two more apartments for comparison at the same time? 可以。我想和太太明晚七点后去看看那套房子。还有,你能不能给我多安排两套房子,我可以比较一下? A: Sure, Mr. Roberts. I'll arrange things for you tomorrow night. May I have your telephone number in order to confirm the appointment? 当然可以,罗伯茨先生。明晚我会为您安排看房。可否把你的电话号码给我,以便联系你确定时间? C: Yes, my office number is25242524. In case I am not in my office, you can also contact my mobile phone. The number is 90887766. 好的,我公司的电话号码是25242524。如果我不在公司,你可以打我的手机。手机号是90887766。 A: Thank you. Mr. Roberts. I'll have all the information and get back to you se soon as possible. 谢谢你,罗伯茨先生。我搜集所有资料后,会尽快回复你。 5. 租房看房 很快代理陈路就给罗伯茨先生找到了房子。今天晚上他们约定去看房。罗伯茨先生会定下这套房子吗?让我们继续关注他的租房过程吧! A--Agent Lu Chen 物业代理陈路 C--Client Mr. Roberts 客户罗伯茨先生 A: Good evening. Mr. Roberts. How are you? 晚上好,罗伯茨先生。今天顺利吗? C: Fine, thanks. My wife was not able to come and I have a dinner party to go at eight, So I think I can check only one apartment tonight. 很好,谢谢.我太太今晚没空,我八点要参加一个晚宴,所以我想今晚只能看一套公寓了. A: No problem. I'll change the appointments for the other flats later on. Mr. Roberts, would you please sign an inspection record for me? May I have your identity number for reference? 没关系。我以后会再约其他房子给你看。罗伯茨先生,请您签一份看房协议,可否告诉我你的身份证号码作为记录参考? A: Sure. 可以。 (After a few minutes' driving, Lu Chen and Mr. Roberts are at the entrance of Robinson Garden with the security in the lobby.) (约数分钟车程后,陈路和罗伯茨先生到达鲁宾逊花园大厦入口处,保安人员正在大厦大堂值班。) C: (To the security guard) Hello, I'm Larry Chen from ABC Company. Here is my business card. (对保安)你好,我是ABC公司的陈路,这是我的名片。 (Larry signs the visitor list. Then Chen and Mr. Roberts take the elevator to 18F, Chen has the key and he opens it.) (陈路在访客名单上签名,然后与罗伯茨先生乘电梯到十八楼。陈路开门入内。) A: Here it is, Mr. Roberts. On the left is the kitchen. At the back of the living room are three bedrooms. The largest one is the master bedroom. You see the kitchen has basic appliances including a gas stove, refrigerator, dryer and washing machine. Also, you'll notice the living room is large. The landlord will also provide furniture if you need it. 罗伯茨先生,这里就是了。左面是厨房,客厅后面是三个卧室,最大的是主卧。你看,厨房里有基本家电,有煤气炉,冰箱,干衣机和洗衣机。还有,客厅相当宽敞。如果你要家具,房东可为你添置。 C: How about the bedroom? 卧室是怎样的? A: Let me show you. This is the master bedroom with an adjoining bathroom. The view is delightful. The other two bedrooms are for children. 我带你去看。这是主卧连浴室,视野非常好。另外两个卧室是给小孩子。 C: It looks great to me. Can my wife and kids check it out tomorrow? Also, do you know if there is any discount for the rent? 我挺满意这里。我可否与太太和小孩明天再来看看? 还有,这房租能低一点吗? A: I'm afraid not, sir. The average rent in this area is around forty five thousand Hong Kong dollars per month. 先生,恐怕不能。这一带的房子平均月租约港币四万五千元。 C: I see. How much deposit should I pay? 明白了。请问要多少压金? A: Two months deposit and one month's rent payable in advance. 两个月租金作压金及一个月的预付租金。 C: How about the management? 管理费是多少呢? A: I have to check this out with the landlord. 我向业主查询后尽快回复你。 C: Sure. I'll let my family decide after they have looked at the apartment tomorrow. Thank you so much. 好的。我的家人明天看过房子之后便可决定。非常感谢。 A: Don't mention it. See you tomorrow. 别客气。明天见。 C: Bye-bye. 再见。 6. 购买办公室物业 陈太太委托物业代理李彼得帮她找出售办公物业的资料。这天李彼得带陈太太来看一个待售的写字间。陈太太对这个写字间很不满意,请代理再帮她找合适的处所。 A--Agent Peter Lee 物业代理李彼得 B--Buyer Mrs. Chen 买家陈太太 A: Mrs. Chen, what do you think about this unit? 陈太太,你觉得这个写字间怎么样? B: I don't like this unit because the view is terrible. Take a look. It is so close to the other old buildings. 我不喜欢,因为观景很差。你看,太接近那些旧大厦。 A: I see, Mrs. Chen. I have another unit on the twenty-second floor. The view is much better. 我明白,陈太太。我有另一个在二十二楼的写字间,观景好多了。 (They take an elevator to the twenty-second floor and Peter Lee opens the door.) (他们乘搭电梯到二十二楼,李彼得开门入内。) A: Please come in, Mrs. Chen. 陈太太,请进来。 B: The area is a little bit small. What size is it? 这个写字间面积相对小一点,究竟有多大? A: The gross area is around four hundred and fifty square feet and the net area is three hundred square feet. 建筑面积约四百五十平方英尺,使用面积约三百平方英尺。 B: How much does it cost? 多少钱? A: Let me check for you. This one is two point two million Hong Kong dollars and the price is open to negotiation. 让我看一下。这写字间售价是二百二十万港币,可以面议。 B: Well! The average gross rate is about five thousand Hong Kong dollars per square foot and the net rate is around seven thousand and three hundred Hong Kong dollars per square foot. I think it is much too expensive for me. 噢!建筑面积平均约为每平方英尺港币五千元,实用面积约每平方英尺七千三百元。这价钱对我来说太贵了。 A: Mrs. Chen, the demand for commercial buildings is steadily increasing right now. Also, the Mong Kok Center is a high quality office building. It is such a busy area for business. Think about it, whether for investment purposes or self-use it is still worthwhile. 陈太太,近期写字楼市场需求稳定上升。旺角中心是一幢优质商业大厦。非常适合做生意。请考虑一下,无论投资或自用都很值得。 B: Anyway, I would like to compare it with some other commercial buildings near this location. Can you help me? 无论如何,我想和附近其他的商业大厦比较一下,你能不能再帮我找一些? A: Oh yes, Mrs. Chen. I will provide the marketing information for your reference as soon as possible. 噢!好的,陈太太。我会尽快提供其它他物业资料给你参考。 B: Thank you very much. 非常感谢。 A: You're welcome. 不用客气。 7.洽租商铺(一) 海伦和伊利莎想在商场里租一个铺位开饰品店。她们来到一家新开业的商厦咨询出租事宜。代理珍妮小姐接待了她们。 A--Agent Jenny 物业代理珍妮 B--Client 1 Helen 客户一 海伦 C--Cilent 2 Elize 客户二 伊莉莎 B: Hello, Can you help me? 你好,能帮我一下吗? A: Sure, what can I do for you? 当然可以,我能为你做点什么呢? B: We know this new shopping arcade is ready for lease. We would like to know if any shops are still available. 我们知道这幢新的购物商场已开始招租。我们想知道还有哪些铺位空置呢? A: Sure. May I have your name, please? 好的,请问怎么称呼? B: Yes, I'm Helen and this is my friend Eilze. 我叫海伦,这是我的朋友伊莉莎。 A: Nice to meet you, Helen and Elize. This is my business card. I'm Jenny. First, I would like to show you the layout of this arcade. The first floor is only for brand name shops. The second floor is for ladies' wear. The third floor is for men's wear. The fourth floor is half for children with the other half for computer products. The fifth floor is for restaurants, which has been already let. There are only a few units available on the second and fourth floor. May I ask what size are you looking for? 海伦,伊利莎,很高兴认识你们。这是我的名片,我是珍妮。让我先简单介绍一下商场的布局。一层是名牌店。二层是女装,三层是男装,四层是儿童天地和电脑中心,五层是饮食中心,这层已全部租出。只剩下二层和四层还有少量铺位。你们想租多大面积的铺位? B: Can you show us the floor plan first? 你可以先让我们看看平面图吗? A: Here are the floor plans for the second and the fourth floors. Only sizes from one hundred square feet to three hundred square feet are still available. 这是第二层和第四层的平面图。还未出租的铺位面积只有一百到三百平方英尺的了。 B: Elize and I are planning to open an accessory shop. I think one hundred and fifty square feet fits our needs. But first I would like to know the rental rate and terms. 依莎莉和我计划开一间饰品店。大概一百五十平方英尺的铺位就足够我们用了。不过,我想先问问租金和租赁条件。 A: I believe the second floor is much more suitable for you. The average rate for the second floor is two hundred Hong Kong dollars per square foot. It certainly varies with different locations. The rental term is for three years. 我想第二层比较适合开饰品店。第二层的平均租金是每平方英尺港币二百元。实际租金则根据铺子的位置而定,租期是三年。 C: I see. Thank you for your help. We need to discuss this. May I have the brochure for the mall? 我明白了,谢谢你。海伦和我要先商量一下。可否给我一份商场介绍? A: Definitely. Here is the brochure with the floor plan included. The highlighted units on the floor plan are still available. 当然可以。这是介绍,平面图已经在里面了。标有颜色的铺位表示仍未租出。 B&C: Thank you, Jenny. 谢谢你,珍妮。 A: You're welcome. 别客气。 8.洽租商铺(二). 海伦和伊利莎考虑一下后,觉得212号商铺比较适合。这天她们一起来到物业代理珍妮这里讨论租用的问题。 A--Agent Jenny 物业代理珍妮 B--Client 1 Helen 客户一 海伦 C--Client 2 Elize 客户二 伊利莎 A: Hello, Elize and Helen. Nice to see you again. 你好!海伦、伊利莎,很高兴再见到你们。 C: Hello, Jenny. After our discussion, we would like to have a look of the Unit 212 on the second floor. 你好,珍妮。我和海伦商量之后,想看看第二层的212铺。 A: Let me check for you. The unit size is one hundred and twenty square feet. The net size is one hundred and twenty square feet. The net size is eighty square feet and it is still available. 让我替你查一查。这个铺位的建筑面积约一百二十平方英尺。使用面积约八十平方英尺,这个铺位还没租出。 B: Yes, we would like to take a look at the unit。 好的,我们想看一看这个铺位。 A: Are you interested in any other units besides Unit212? 除了212号,你们对其他铺位有没有兴趣? B: No, thanks. Just this one. 谢谢,不必了,就这一间吧。 (The three of them are in shop 212) (三位到达212号铺) C: How high is the ceiling? And how wide is the door? 这铺有多高?门面多宽? A: The ceiling is about eight feet high and the door is ten feet wide. You'll notice that the location is attractive. Next to this unit are shops selling woman's wear. 高约八英尺,门面约十英尺。这铺位位置很好。旁边两个铺位都是女士时装店。 B: How about the rental fee and terms? 请问租金多少,租赁条件如何? A: The rental fee is two hundred and fifty Hong Kong dollars per square foot. There is a two week rent-free period. The rental terms are three to five years. The procedure is simple. First, you will sign a preliminary rental agreement with the management office and pay the deposit. The remaining balance will be paid when you sign the formal rental agreement after a week. 租金是每平方英尺港币二百五十元。免租期为两星期。租期可以是三至五年。手续很简单。先与本公司签一份临时租约并交订金。一星期内再签正式合约,并交纳余下金额就可以了。 B: How much is the management fee? 那管理费呢? A: It is five dollars per square foot including air-conditioning, lighting, water, electricity, cleaning and security. The shop is open throughout the week from 10 a.m. to 10 p.m. The management report shows that there are around ten thousand people visiting this shopping arcade during weekdays and about twenty thousand customers on weekends. Teenagers are major customers in this arcade. 每平方英尺是港币五元,包括中央空调、公用地方水电、照明、清洁和保安。营业时间为星期一至星期日早上十时至晚上十时。根据管理公司,这里人流量每天超过一万人,周末更高达二百万人次。主要消费者多为年青人。 C: Are there any other conditions? 还有其他出租条件吗? A: All tenants must pay three months rent deposit and one month's rent in advance. 租户须付三个月租金作押金和提前一个月预付租金。 B: Thank you for your information. Let us think about it. We will get back to you tomorrow. 谢谢你的介绍,我们再考虑一下,明天答复你。 A: Sure. But don't be too late because there are many clients who are also interested in the unit. 好的,不过不要太迟,因为还有很多客户跟你一样对这个铺位感兴趣。 B: Please hold it for us; we will make a decision today. 我们今天就会做出决定,或者麻烦你替我们保留一天,可以吗? A: I do my best for you. 我尽力而为吧! 9.洽购商铺(一) 吉米·李的公司想要买一个商铺。公司请物业代理彼得·李帮忙寻找合适的商铺。这天,吉米和同伴鲍伯一起来和彼得商谈购买商铺的事情。 A--Agent Mr. Lee 物业代理李先生 B--Client 1 客户一 鲍伯·威廉姆斯 C--Client 2 Jimmy Lee 客户二 吉米·李 D--Receptionist接待员 D: Good morning, sir. May I help you? 先生,早晨好,有什么可以帮你吗? C: Yes. We have an appointment with Mr. Lee. 我们与李先生有一个约会。 (They walked into the conference room.) (他们走进会议室。) D: Please have a seat. Sir, do you want something to drink? 请坐。先生,请问想喝点什么? B: Two cups of black coffee, please. 两杯清咖啡,谢谢。 D: Certainly. Mr. Lee will be right with you. 好的。李先生很快就会来了。 A: Good morning. And (Face the other man.) 早上好,这位是……(面对另一客户) C: This is my colleague, Bob Williams. 这是我的同事鲍伯·威廉姆斯。 A: Nice to meet you, Mr. Williams. Here is my business card. I'm Peter Lee. 威廉姆斯先生,很高兴认识你,这是我的名片,我叫李彼得。 B: Nice to meet you, Mr. Lee. Do you mind my calling you Peter? 李先生,我也很高兴认识你,介意我称呼你为彼得吗? A: Not at all. (The secretary brings in two cups of coffee.) Have a cup of coffee, please. As I know your company is looking for a shop in Tsim Sha Tsui, I have contacted one of my landlords, Mr. Song who is the president of ABC limited. He offered my company a sole-agency for the premise in 223-228 Shanghai Road. Are you familiar with that location? 当然不会。(秘书端上两杯咖啡)请喝咖啡。我知道贵公司想找一个位于尖沙咀的商铺,我联络了我的一个业主宋先生,他是ABC公司的总裁。他有一个商铺在上海路223-228号。你们对那地方熟悉吗? C: Bob and I have done the research for that area already. We have a rudimentary knowledge of it. What is the size of the shop? 鲍伯与我曾经在该地区进行了市场调查工作。我们已有一个初步了解。商铺的面积是多少? A: The gross area is approximately thirteen thousand square feet. The landlord separated the unit into three smaller units. The rental income is one million Hong Kong dollars per month. 建筑面积约一万三千平方英尺。业主把铺位分成三个小铺位。租金是每月港币一百万元。 B: How much is the shop? 这铺位售价是多少? A: Around one hundred million Hong Kong dollars. The return yield is very high. 叫价是港币一亿元,回报率很高的。 C: We would like to see the property as soon as possible, because we have to do a report to the management of our company within this month. 请尽快安排我们作实地考察,因为我们必须在这个月内做一份详细报告给管理层参考。 A: (After a few minutes) No problem. I have already made an appointment at three o'clock tomorrow afternoon. How about I meet you in my office at two tomorrow? (数分钟后)没问题。我已安排明天下午三点整看楼,明天下午两点在我的办公室见面如何? C: Wonderful! 非常好! 10.洽购商铺(二). Bob Williams 和同事Jimmy Lee 在物业代理李先生的带领下来看商铺。两个人对商铺很满意,邀请李先生一起喝下午茶,以进一步讨论这宗交易。 A--Agent Mr Lee 物业代理李先生 B--Client1Bob Williams客户一 威廉姆斯先生 C--Client2 Jimmy Lee 客户二 李先生 (Agent is showing the shop's floor plan to the clients.) (物业代理在给客户展示商铺平面图参考。) A: Mr. Williams, here it is! This street is busy, do you agree? Here is the traditional commercial and retail center with a large stream of people. Also, it is near the metro station and only ten minutes to the Star Ferry. The location makes for a very good choice. 威廉姆斯先生,就是这几个商铺。这条街道非常繁忙,是吧?这里是传统商业和零售区,人流量非常大。加上邻近地铁站,步行到天星码头只要大概十分钟。这地段是个非常不错的选择。 B: Yes. The shops are crowded with customers, especially the watch shop. I believe that almost ten people walk into that shop every minute. 是啊,这些店有很多客人,特别是这家表店。估计每分钟差不多有十个顾客进去。 C: I have no doubt about this location. The most important things are that we calculate the rate of return and study its market potential. Also, we must talk to the bank for the mortgage arrangement. 我觉得这地段没什么问题。最重要的是我们得计算回报率和研究升值能力。我们还得和银行谈谈按揭的事情。  A: I understand this is not a simple deal, and all of us have to work it out prudently. 我明白这不是一宗简单的买卖,大家需要慎重考虑。 B: After I have finished the valuation, I will let you know. 我完成评估工作后再和你联系。 C: Also, you have to persuade the landlord to offer better payment terms and price. We are really interested in these shops. 你还得尝试劝说业主优惠一下价钱和付款方式。我们公司对这些商铺真的很感兴趣。 A: Certainly, I also want to see the deal succeed. I will contact the landlord to let him know your company is interested in his property, and see if he could offer you a better price. 这个我肯定会,我也很想达成这宗交易。我会联系业主,告诉他你的公司很感兴趣,并劝说他给你们一个好价钱。 B: Great! How about having some tea with us? We can discuss it over in the restaurant. 好,不如一起喝下午茶吧?大家可以在餐厅讨论一下。 A: Great idea. 好的。 11. 价格磋商 物业代理询问要租商业大厦的客户最终的决定如何,得到的答复是因租金太贵,他们不能接受。代理主动要求再提供一些其他地段的房屋信息。 A--Agent 物业代理 C--Client 客户 A: Good afternoon, sir, how are you today? 先生,中午好,你今天好吗? C: Fine, thanks. How about you? 很好,谢谢,你呢? A: Fine, I wonder how your company's review of this property is progressing. 很好,我想请问你公司最后的决定如何。 C: My colleagues and I just had a meeting together this morning. We have decided not to rent the Nippon Center. 我和同事今早刚开会讨论过。我们已经决定不租力宝中心. A: Why? You told me that your group had a deep interest in the Nippon Center. 为什么?你告诉我你们集团对力宝中心非常感兴趣。 C: Yes, we do. However, the rent is over our budget. 是的,不过,租金超出公司的预算。 A: The final rent that the landlord has offered is already below the market rate. 业主提供给你的最后租金已经比市场平均租价低了。 C: I know. However, my company thinks that the rent is still too high. My company would like to find some office buildings in Wanchai or Causeway Bay because the rent there will be much lower. Anyway, thank you for all your time. 我知道,不过对我们公司来说仍然是太高了。我的公司希望找一些湾仔或铜锣湾的商业大厦,因为那里租金比较便宜。无论如何,我非常感谢你的帮忙。 A: Don't mention it. Anyway, if you want to check out the other office units in Wanchai or Causeway Bay, I can provide the information for you. However, you know the class for office property between Wanchai and Central or Admiralty is totally different. 别客气。无论如何,如果你想在湾仔或铜锣湾找写字楼单位,我可以为你提供资料。但是你知道湾仔和中环或金钟的商业级数完全不同。 C: I understand. But that is the decision of our management. 我完全了解,不过这是管理层的决定。 A: I see 我明白了。 C: Well, then I'll await your information. 这样吧,我等你的资料。 A: Thank you. Talk to you later. 谢谢你,稍后再谈。 12. 讨价还价 史密斯夫妇终于找到一所满意的房子。他们想买下来,但是又觉得价钱太高,因此委托代理与业主协商一下价格。 A--Agent 物业代理 B--Landlord 业主 C--Client1 客户一 Mr. Smith D--Client2 客户二 Mrs. Smith A: What do you think about the residential flat? 你觉得这套公寓怎么样? C: I'm so happy that my wife has finally found a flat that she likes. However, we would like to negotiate the price first. You know that three million Hong Kong dollars is too high for this location. 我非常满意,我太太终于找到一套她喜欢的房子。不过,我们希望先商谈一下价钱。你知道三百万港币在这个地段来说太高了。 A: How much do you want to offer the vendor? 你会还多少价钱给业主呢? D: We'll offer two million, eight hundred thousand Hong Kong dollars for the flat. Please see how that sits with the vendor, Mr. Wang. We will be back later. 这房子我们只能给二百八十万。王先生,请您问问业主的意思。我们一会儿回来。 (After the two clients left, the agent gets on line with the landlord.) (客户离开后,代理致电业主。) A: Hello, Mr. Johnson, this is Jiming from the ABC Properties Company. 约翰逊先生,你好,我是ABC物业代理公司的Jiming。 B: Hello, Mr. Wong, how are things going? 你好,王先生,怎么样? A: My client checked out your flat. They were very interested and they would like to offer two million eight hundred thousand dollars for your consideration. 我的客户看过你的房子了。他们很感兴趣,还价二百八十万元,希望你考虑一下。 B: I think that is a bit too low for me. Do you know it has been below the market price? My friend told me that similar units sold for two million nine hundred thousand dollars last week. Plus, you know the condition of my flat is excellent. 我想这价钱对我来说太低了。你知道这售价是低于市价吧?我朋友告诉我上星期一个同样的公寓是二百九十万元卖出的。再者,你知道我那房子保养得很好。 A: I understand, Mr. Johnson, but they really like your flat, otherwise they would not have made an offer so soon. 约翰逊先生,这个我知道。但他们真的很喜欢你的房子,否则他们也不会这么快就还价的。 B: I know. I also want to sell it as soon as possible, but two million and eight hundred thousand dollars is below what I expected. How about two million eight hundred and thirty thousand dollars? It is my bottom line. Please try to get a good price for me. Also, they need to complete the transaction within one month. 我知道,我也希望尽快卖出房子。不过二百八十万实在比我期望的要少。二百八十三万怎么样?这是最低价了。麻烦你替我争取高一点的价钱。同时,我要求买家在一个月内完成所有手续。 A: I will discuss it with the client right now, and I will call you later. Thank you, Mr. Johnson. 我立刻和客户商量,稍后给你电话。谢谢你,约翰逊先生。 B: Thank you. 13.协商租赁条件. 罗伯茨一家最终看中了鲁宾逊花园的房子。他们决定把它租下来。但是他们觉得租金太高了,还想把墙纸换一换。于是罗伯茨一家通过代理和业主进行了协商。 A--Agent Mr. Chen 物业代理陈先生 B--Client 1 Mr. Roberts 客户一 罗伯茨先生 C--Client 2 Mrs. Roberts 客户二 罗伯茨太太 A: Mr. Roberts, I am so glad that your family likes the unit so much. 罗伯茨先生,我很高兴你的家人喜欢这房子。 B: Mr. Chen, we have seen many apartments, and finally agreed to rent the Robinson Garden flat. 陈先生,我们已经看过很多公寓了,最后我们同意租鲁宾逊花园的房子。 C: The appliances and furniture suit our taste. Also, the rooms are big enough for our kids. However, could you help us to negotiate a better rent with the landlord? 用具和室内家具很符合我们的品味。而且,对我的孩子来说,房子也够大。但是,你可以帮我们和业主商量一个合理的租金吗? A: How much is it? 你认为多少呢? B: I would like to reduce the rent to forty thousand HK dollars per month. Also, is there any rent-free period? 我希望把每月租金减到四万港币。另外,有没有免租期呢? A: I'll have to discuss it with the landlord first. 这个问题我必须先与业主协商。 (After half an hour, the Roberts' family comes back to the ABC properties Company Agency) (半小时后,罗伯茨一家回到ABC物业代理公司。) B: Any good news for me? 有没有好消息呢? A: Yes, after a long talk with the landlord, he promised to reduce the monthly rent to forty- three thousand HK dollars. The rent-free period is fourteen days. These are very reasonable terms. What do you think? 有的,和业主协商后,他答应每月租金减到四万三千港币。免租期为十四天。这些条件非常合理,你认为怎样? B: Well, let me see. The total for the monthly rent, management fee and government rates will be forty-five thousand dollars. I think it is still too high. What if the rent includes the government fees? 让我想一想。租金,管理费加上政府税金,每个月总共是四万五千港币。我觉得还是高了些。 租金能不能包括政府税金? C: Also, is it possible for me to have painted walls instead of the wallpaper? 另外,墙壁能否刷漆来代替墙纸呢? A: Let me call the landlord now. Please have a seat. 我立刻联系业主,请坐一下。 (After ten minutes, they finally agree to the lease terms.) (十分钟后,双方同意所有租赁条件。) A: The landlord will come to my office in fifteen minutes. Both parties have to sign a provisional tenancy agreement. 业主十五分钟后会到公司。然后双方签订一份临时租约。 C: Great. Thank you, Mr. Chen. 太好了,谢谢,陈先生。 A: You're welcome. 不用客气。 14. 签订临时书 经过和业主协商之后,罗伯茨先生和太太决定租下罗宾逊花园的房子。今天,罗伯茨先生和太太以及业主一起签订了临时租赁协议书。 A--Agent Mr. Chen 物业代理陈先生 B--Clients Mr. And Mrs. Roberts 客户罗伯茨先生和太太 L: Landlord Mr. Dai 业主戴先生 A: Hello, Mr. Dai. This is Mr. and Mrs. Roberts. 你好,戴先生,这是罗伯茨先生和太太。 L: Mr. and Mrs. Roberts. How are you? 罗伯茨先生,罗伯茨太太,你们好吗? B: Fine. Thank you. Nice to meet you, Mr Dai. 很好,谢谢你。戴先生,很高兴认识你。 L: Nice to meet you, too. 我也很高兴认识你们。 A: I have already made up a set of three copies of the provisional Tenancy Agreement for both parties, the landlord and the tenant. First, may I see your identity cards and make copies? (Makes copies and returns.) Mr. and Mrs. Roberts and Mr Dai, let me explain the terms of this tenancy agreement. Both parties must follow the terms of this agreement after signing these copies. This agreement is made on the first of December, 2005. Re Flat A, 18/F, Robinson Garden. The monthly rental fee is forty-two thousand Hong Kong dollars. The landlord is responsible for the government rates and the tenant takes care of management fees. The security deposit is two months rent, which is eighty-four thousand dollars. 我已填好一式三份的临时租赁协议书。首先,请两位把身份证交给我复印存档。(复印后返回。)罗伯茨先生太太,戴先生,让我简单解释一下协议书的内容。签订协议后就要遵守协议条款。此协议书是在2005年12月1日订立,关于鲁宾逊花园十八楼A座的公寓。每月租金为港币四万二千元。业主负责缴纳税金,房客负责缴纳管理费。押金是两个月房租,八万四千港币。 B: Here is a cheque for twenty thousand dollars for the deposit. 这是订金,二万块的支票。 A: The stamp duty and the legal costs will be shared equally between both of you. 至于印花税和律师费将由买卖双方平分。 B: I understand. 我明白。 A: If Mr. Roberts cannot make the payments before the due date, he will forfeit the deposit. On the contrary, if Mr. Dai cannot complete the agreement, then he is responsible to pay Mr. Roberts double the deposit money. Both the tenant and the landlord agree to ABC Properties Company half of the monthly rental fee as a service charge. If by any chance, either party fails to complete the agreement, then the defaulting party is obliged to pay ABC Properties Company a one-month rental fee as a service fee. Is that clear? 如果罗伯茨先生未能于指定日期付清租金并签订正式租约,戴先生有权没收订金。相反,如果戴先生未能签订正式租约,戴先生须赔偿罗伯茨先生双倍订金。双方同意支付ABC物业代理公司半个月租金作为佣金。如任何一方未能签订租约,反悔的一方须支付一个月租金给ABC物业代理公司为佣金。清楚了吗? B: Yes. 清楚了。 A: The landlord agrees to provide all the furniture and appliances for the house. He also promises to let the tenant have painted walls instead of wallpaper. Please check the details. If there is nothing to change, please sign at the bottom. Thank you very much. 业主答应提供公寓内所有的家具和电器用品。他同意租客把墙壁刷漆。请看一下详细的约定。如果没有异议,请在合同最下方签名,谢谢。 15. 申请银行按揭 买了房子后,陈先生想申请银行按揭。在物业代理王先生的推荐上,他来到银行咨询按揭手续。 A--Agent Mr. Wang 物业代理王先生 B--Buyer Mr. Chen 买家陈先生 C--Bank Loan Officer 银行职员 A: Good morning. Let me introduce you to Mr. Chen. He would like to ask you details about mortgage loans. 早上好!让我介绍一下,这是陈先生。他想咨询有关银行按揭的详细内容。 C: Good morning, Mr. Chen. I've known Mr. Wang for many years. He is a very helpful agent. 早上好,陈先生。我认识王先生很多年了。他是一个热心的物业代理。 B: Yes, he is. Mr. Wang has given some good advice that has helped us buy this apartment at such a reasonable price. 是的。王先生给了我们很多建议,帮我们买到价钱这么合理的房子。 A: Sam, Mr. Chen has recently bought a flat in Tai Koo Shing. I recommended that they apply for a mortgage loan at your bank.. 山姆,陈先生最近在太古城买了套房子。我建议他们到你们的银行申请按揭。 C: Thank you. We can start by you giving me the information on your property. 谢谢。首先请给我介绍一下你买的房子。 A: Sam, this is the Preliminary Sale and Purchase Agreement. The selling price of the flat is four point two million HK dollars. He would like to apply for a mortgage loan representing 70% of the purchase price. 山姆,这是临时买卖合约。成交价是四百二十万港币。他希望申请七成银行按揭。 B: I would like to know the different kinds of home investment plans your bank offers. 我希望知道有多少种银行按揭方法可也选择。 C: Sure, Mr. Chen. Our bank's minimum mortgage rate is 8.25% to any applicant with a monthly income of over seventy thousand dollars. 好的,陈先生。本银行可以向任何月收入超过七万块的客户提供八厘二五的最优惠按揭利率。 B: I'm afraid I'm not eligible for this plan. Here is my salary tax form from 2004 to 2005. 恐怕我不合乎这个条款。这是我零四到零五年的税单。 C: Do you have any other bank mortgage loans? 你有没有其他银行按揭贷款? B: No, I don't. The apartment we are living in now is fully paid up. 我没有任何贷款,我现在住的房子已经供完了。 C: I see. Please give me ten minutes to calculate the interest for you. 我明白了。请给我十分钟来计算利率。 (After 10 minutes.) (十分钟后。) C: Mr. Chen, our bank will offer you a 10.25% interest rate. Attached is a repayment table for your reference. 陈先生,银行会为你提供十厘二五的按揭利率。这是一份按揭还款表,供您参考。 B: Thank you. How long do you need for approval of my loan? 谢谢,需要多长时间批准我的按揭申请呢? C: Usually it takes two days to approve your application and then we will issue a Conditional Letter of Offer and notify your solicitor to prepare the mortgage document in about two weeks. 通常需要两天的时间核实申请,然后在两周内我们会发出一份附带条件的按揭批准通知书给你,并通知你的律师准备按揭按材料。 B: Thank you for your time. I have to discuss this with my wife, and then bring the relevant document to you. Thank you, Mr. Wang. I will get back to you. 谢谢你的帮忙。我必须与太太商量一下,然后我会带有关资料给你。谢谢你王先生,我会跟你联络的。 A: Thank you, Mr. Chen and thank you. Sam. 谢谢你,陈先生。谢谢你山姆。 C: You're welcome. 不客气。 16. 签署临时买卖合约 物业代理和业主经过长时间的电话协商之后,业主与买家双方同意成交,售价是四百三十万元,现在他们正在代理公司签署临时买卖合约。 A--Agent Mr. Wang 物业代理王先生 B--Landlord Mr. Johnson 业主约翰逊先生 C--Buyer Mr. Chen 买家陈先生 A: Mr. Johnson and Mr. Chen, I have already prepared a Preliminary Sale and Purchase Agreement. Please check the terms of the agreement. Also may I see your identity cards please? (James makes the copies and returns the identity cards to them.) Mr. Johnson, do you have a lawyer to handle the legal work for you? 约翰逊先生,陈先生,我已经准备了一份临时买卖合约。请两位看看合约内容有没有问题。 同时请两位把你们的身份证给我。(詹姆士将业主及买家双方身份证复印并交还。)约翰逊先生,你已委托了律师为你办理手续吗? B: Yes, ABC Law firm. 是的,是ABC律师行。 A: How about you, Mr. Chen? 那陈先生呢? C: XYZ Law firm. XYZ律师行。 B: We will contact our lawyer. 我们会自行联系律师。 A: Good. I'll tell you briefly about the terms of the agreement. The property's address is at Flat C, 15/F Tong House. The price is four point three million dollars. Fourteen days after signing this Preliminary Sale and Purchase Agreement, Mr. Chen must pay thirty percent of the transaction price to your lawyer. Then, within thirty days, Mr. Chen must pay the remaining balance to Mr. Johnson. Any problems? 我给你们简单讲一下合约的内容。物业地址是唐厦十五楼C。成交价为四百三十万元。在签订这份合约后的十四天内,陈先生须付成交价百分之三十给律师行。一个月内,陈先生须将余款交付给约翰逊先生。请问两位有没有疑问? B: No problem. 没问题。 A: Here are the copies for you. 这是给你们的复件。 B: Thank you. 谢谢。 A: Thank you. 谢谢。 17. 交付代理费 通过代理的帮忙,约翰逊先生很快就把房子卖掉了。他已经决定下周离开香港,因此今天来交付代理费。 A--Agent Mr. Wang 物业代理王先生 C--Client Mr. Johnson 客户约翰逊 A: Good morning, Mr. Johnson, How are you today? 早上好,约翰逊先生,你好吗? C: I am fine, thank you. How about you? 很好,谢谢。你呢? A: Not bad. Just a little busy. 还好,只是有点忙。 C: That means you are doing good business. 这说明你的生意不错啊。 A: So far so good. 还不错吧。 C: Well, I am here to pay you the agency fee because I am leaving Hong Kong next week. 因为我下星期要离开香港,所以今天来支付贵公司的代理费。 A: Sure. Let me check the balance. (Mr. Wang picks up a file and checks the Preliminary Sale and Purchase Agreement.) The balance is forty-three thousand Hong Kong dollars. 好的,让我先查看差额。(王先生拿出文件,查看临时买卖合约。)差额是四万三千港币。 C: Who shall I put down as the payee's name? 支票抬头写什么呢? A: ABC Properties Company, please. 请写ABC物业代理公司。 C: Here is the cheque. 这是支票。 A: Thank you. 谢谢。 C: Do you know if the new owner has moved into the house or not? 新的业主已搬进去了吗? A: Not yet. Mr Chen bought the house for investment purposes. I heard that he is going to have someone change the carpet and repaint the house first. 还没有。业主买这房子是投资用的。听说业主将安排工人更换地毯和翻新墙壁。 C: I see. 我明白了。 A: Mr. Johnson, thank you for your cheque and here is your receipt. 约翰逊先生,谢谢你的支票,这是你的收据。 C: Don't mention it. I really appreciate your help. Otherwise, I would not have been able to sell this house in such a short period of time. 不用客气,真要谢谢你的帮忙,否则我不可能在这么短的时间内卖出这房子的。 A: Thank you. 谢谢。 18.签订正式买房合约 办妥了按揭贷款,请了律师,陈先生今天终于正式签订了买房合约。下面是他签约的过程: S--Solicitor Mr. White 律师怀特先生 B--Client 1 Mr. Chen 客户一 陈先生 C--Client 2 Mrs. Chen 客户二 陈太太 S: Good morning. Mr. and Mrs. Chen. How are you? 早上好,陈先生,陈太太,你们好。 B: Fine, Mr. White. We are sorry for being late today. There was a traffic jam. 好,怀特律师,真对不起 ,我们迟到了,今天交通非常拥挤。 S: Don't worry. I have the contract ready for you to sign. 不用担心,我已准备好所有你们要签署的合约文件。 C: Thank you very much. 非常感谢。 S: Let me explain to you. Your property's address is Flat C, 5/F, Tong House Tai Koo Shing. The purchase price is four million and three hundred thousand dollars. You'll pay ten percent of the purchase price today, which is four hundred and thirty thousand dollars, and one cheque for stamp duty fee. 让我给你们解释一下。物业地址是太古城唐厦十五楼C室。成交价是港币四百三十万元。今天你们需要支付成交价的一成,即港币四十三万元,以及一张付印花税的支票。 B: How do you calculate the stamp duty fee? 如何计算印花税? S: Here is the stamp duty for your reference. 这是印花税表,给您参考。 B: Thank you. Let me write cheques for you. 谢谢,我给你写支票。 S: Which is your mortgage loan bank? 你们在哪家银行申请按揭? C: We chose ABC Bank for mortgage loan. May I ask how much the solicitor fee is? 我们选了ABC银行办理按揭。请问律师费是多少? S: I'm not going to charge you any professional fees, but you're liable for a handling fee of around twelve thousand dollars. It includes land search and registration fees for your agreement. 我不收取任何顾问费,我只收取大约一万二千块的手续费,包括地产检察和协议登记费。 C: Thank you. 谢谢。 S: All the paperwork is now completed. If you have any questions, you can contact me anytime. 所有文件已经完成。如果有任何问题,你可以随时联系我。 C: Okay. Thank you very much, Mr. White. See you later. 好的,怀特律师,非常感谢,再见。 19. 丽斯花园开始预售房子了。开发商组织了一个看房团。这天,所有可能的买主们都来丽斯花园看房。 A1、A2、A3、A4--Agents 物业代理 C1、C2、C3--Clients 客户 A1: Please take some brochures describing the Nice Garden Phase I. 请看一看丽斯花园第一期售楼书。 A2: Welcome to follow the arrow to our show flats A and B. The size of show flat A is one thousand square feet and show flat B is one thousand and five hundred square feet. Please enjoy yourselves. 请沿箭头指示到本公司样板间A和样板间B。样板间A面积是一千平方英尺,样板间B是一千五百平方英尺。请随便参观! A3: Welcome to the show flat A. First, I would like to explain to you that the red tags denote a free gift from our developer to our future vendors. (After a second) On your right hand side is the kitchen. The maid's room and toilet are found inside. The appliances include refrigerator, microwave oven and dishwasher, all are included in the price. All construction materials are imported from Europe. Please go straight in. There is a huge living room and three bedrooms. The developer will provide air conditioners for all rooms. 欢迎参观样板间A。首先我要说明的是,帖有红色标签的是由开发商送给未来业主的免费礼物。(过了一小会。)在各位右手边的是厨房。佣人房和洗手间在里面。所有家电包括冰箱、微波炉、洗碗机都是随楼附送。所有建筑用料均由欧洲进口。请径直往前走,那是一个大客厅和三个卧室。开发商会提供所有房间的空调。 C1: How about the view? 视野如何? A3: Over the tenth floor, you can see a beautiful river view. 十楼以上可以看到河景。 C2: How about the direction for this unit? 这房子的朝向如何? A3: This unit faces southwest. Please enjoy yourselves. 房子朝向西南,请随便参观。 (scene show Flat B)(场景示范单位B) A4: Welcome to show flat B. This unit's gross area is one thousand and five hundred square feet, which is the largest unit on this floor. This unit's layout is similar to show flat A except that it has a master bedroom and a balcony outside of the living room. This unit faces south, which is the best direction and view for the whole building. 欢迎光临样板间B。这套房子的建筑面积是一千五百平方英尺,在这楼层是最大的了。布局和样板间A相似,不过这房子有主卧室,客厅有阳台。房子坐北向南,是整幢大厦视野和朝向最好的房子。 C3: Excuse me! Miss, what kind of view is it? 小姐,请问这房子有怎么样的观景? A4: Over the tenth floor, you will see the hills and rivers together. Sounds great, right? 十楼以上可以看到山和河景,听起来不错吧? C3: How about below the tenth floor? 十楼以下的又怎样呢? A4: You will see a few of low-rise town houses and streets. Dear customers, we have already arranged to have the lawyers and bankers meet us on the ground floor. They will answer all the mortgage and legal questions you may have. Thank you for joining us today. I hope you will find your favorite units today. 你会看见一些低层住宅大厦和街道。亲爱的顾客们,本公司已经安排律师及银行顾问在地下售楼处。他们会为您解答有关买卖手续及银行按揭贷款的问题。谢谢各位今天的光临。希望各位能够选购到心目中最理想的房子。 After China's entry into WTO, foreign estate trade expands rapidly with large sum of dollars often involved, thus a good command of estate English in conformity with international practice becomes more essential, especially to an outstanding real estate agent. Sample of Tenancy Agreement   租赁协议样本   This agreement is made on this thirtieth day of September 1999 by and between Chen Jianmin of 221 Sichuan Road and Zhang Jie of 345 Lintong Road,as follows:   本协议签于1999年9月30日。现住四川路221号的陈建民与现住临潼路345号的张捷达成协议如下:   The said Chen Jianmin hereby lets to the said Zhang Jie a dwelling flat of No.404(hereinafter referred to as the said flat), situated in 999 Feiyun Road, for the term of two years followed by each term of two years until one month's notice to quit is given by or to either party, at the monthly rent of H.K.$ 900 payable in advance on the first day of each and every calendar month. The tenancy is to commence on the first day of October, one day after the said agreement is signed.   立约人陈建民根据本协议将其位于飞云路999号内标号为404的一套房间(以下称为涉约套房)租给立约人张捷。租期为两年,以后每两年转期一次,直至任何一方通知废约为止,废约通知须在一个整月之前发出。租金定为每月港币900元,在每月的第一天交纳。租期在签约后一天,即本年度10月1日开始。   And the said Chen Jianmin undertakes to pay the land tax and the property tax, and to keep the said flat in all necessary repairs, so long as the said Zhang Jie shall continue therein. And the said Zhang Jie shall undertake to take the said flat of Chen Jianmin for and at the before mentioned term and rent, and pay all taxes except those on land or property, and to abide by the other conditions aforesaid.   陈建民承诺交纳地皮税和财产税,并在张捷租期之内承担涉约套房的各种维修。张捷应承诺愿按上述期限及租金租用该涉约套房,交纳除地皮税及财产税之外的税款,同时遵守上述其他条件。   We get our hands the day and year aforesaid.   我们在上列日期签名。   In the presence of Zhou Wenqi (Signature)   见证人:周文启   Chen Jianmin(Signature)   Zhang Jie(Signature)   立约人:陈建民 张捷   注释:   1. let:此处作“出租”解。   2. notice to quit:搬家的预先通知。quit在此作“搬出”、“迁出”解。   3. each and every:每一个。   4. tenancy:(土地、房屋等的)租赁;租赁期限。   5. continue:在此相当于continue to stay.   6. therein:在那里。   7. abide by:遵守(法律、决定等);信守(诺言等)。   8. get hands (to)= set hands (to):签名。   Sample of Shophouse Unit Lease Contract   商店摊位租赁合同样本   This Agreement is made at _____, on the _____day of_____ 2001, between _____, hereinafter   called the "lessor" and Mr./Mrs/Miss _____, hereinafter called the "Lessee".   本合同在_____于2001年___月___日签订。合同双方为:_____(以下称为“出租人”)和____先生/夫人/小姐(以下称为“承租人)。   The parties to the contract agree as follows:   合同双方均同意以下条款:   1. The Lessor agrees to lease and the Lessee agrees to take on lease unit(s)of shophouses, Room Nos _____, situated at _____Road, Tambo______, District of _____, Province of _____, with telephone number _____, for a period of ____ years at a monthly rental of ___ baht.   出租人同意出租,承租人同意租赁位于____府____区____乡____路的店房___间,房号为____,电话号码为____,租期为____年,月租金_____铢(泰币)。   2. The Lease period aforementioned in Clause 1 shall be effective as of the date the Lessor completes all details as in Clause 3, and notifies the Lessee in writing within 7 days thereof.   在以上第1条款中所规定的租期,从出租人完成第3条款所有规定并在7天内通知承租方后开始生效。   3. The Lessor agrees to complete repair of the shophouse in accordance with the following details:   出租人同意按以下具体规定完成该店房的维修工作。   3.1——   3.2——   3.3——   3.4——   4. On this contract signing date, the Lessor has received a deposit as rent security amounting to_______baht. Should the Lessee be overdue on rent payment for any month, the Lessee agrees for the Lessor to immediately deduct the amount due from the said deposit as rent payment.   在本合同签订之日,出租人已收到合计_____铢的房租保证金。如果承租人某月逾期未交租金,承租人同意出租人立即从保证金中扣除应收款项作为租金。   5. The Lessee agrees to pay rent to the Lessor by or before the_____th day of every month. Should the Lessee be in default of rent payment within the said period, the Lessee agrees that this contract then becomes extinct without any notification.   承租人同意在每月___日或在此之前付清租金。如果承租方违约,未在该期内付款,承租人同意本合同不经通知便可终止。   6. Payment of all building and land taxes shall be borne solely by the Lessee.   一切房屋、土地税均由承租方承担。   7. Should the shophouse be legally condemned before expiration of the contract, the parties agree that the contract becomes extinct and shall not claim any damages from each other. Provided that the Lessee still resides in the building for which the Lessee shall pay rent to the Lessor until the Lessee moves out of the building and completes handover of the building to the Lessor.   如果本店房在合同终止之前依法被没收,双方同意本合同遂告终止,双方不得向对方提出索赔。只要承租人还在本商店,承租人必须交纳租金,直至其搬出,把店房还给出租人为止。   8. The Lessee agrees to pay rent and all telephone bills to the Telephone organization of Thailand from the day of the enforcement of this contract.   承租人同意从本合同生效之日起开始支付租金,并向泰国电话管理当局缴纳电话费。   9. The Lessor agrees that he shall not increase the rent for a period of 2 years from the date of this contract signing.   出租人同意在本合同签订之日起2年内不得增加租金。   10. The Lessor agrees that upon expiration of this contract at the end of the lease period, the Lessor shall allow the Lessee to continue leasing for another period of___years, on condition that the Lessee has not breached this contract in any way.   出租人同意在本合同终止即租期结束时,只要承租人不曾违约,出租人可允许承租人续租____年。   11. The Lessee agrees to maintain the leased building in good condition and not allow it to further deteriorate. Any modifications or additions carried out on the leased building by the Lessee may be done only with the Lessor's prior written permission. Any new structure resulting from modification, addition or repair to the leased building becomes the property of the Lessor, and the Lessee cannot claim any damages. This lease contract is terminated should the leased building be subject to a fire disaster.   承租人同意将所租建筑保持良好状态,并不得任其损坏。如果承租人对出租房屋作任何调整或增添任何设施,事先必须征得出租人的书面同意。房内任何增添和装修过的设施都成为出租人的财产,而且承租人不得以此向出租人提出补偿要求。如果发生火灾,本租赁合同立即终止。   12. The Lessee shall permit the Lessor or his representative to enter the leased building for inspection at appropriate times.   承租人应允许出租人及其代表在适当的时间进入该房进行检查。   13. The Lessee shall not sub-let the building to any other persons, except with the prior written approval of the Lessor.   除非事先有出租人的书面许可,承租人不得把该房再出租给其他任何人。   14. For whatever reason, if the Lessee leaves the leased building, the Lessee agrees that he shall not claim any damages or removal costs from the Lessor.   不论出于何种原因,如果承租人离开所租房屋,承租人同意不得向出租方提出索赔或搬迁费的要求。   15. Breach of contract in any regard on the part of the Lessee shall be grounds for the Lessor to terminate this contract immediately; the Lessee shall then permit the Lessor to have right to repossess the leased building immediately.   承租人有任何违约行为,出租人便有权立即终止本合同。承租人应允许出租人有权立即收回该出租房屋。   This contract is made in duplicate. The parties to the contract having read and understood the entire substance of the contract hereby sign their names in the presence of witnesses.   本合同一式两份,合同双方在阅读完和理解本合同全部内容后,在证人在场的情况下,在下面签了字。   Signed_____Lessor   出租人_____签字   Signed_____Lessee   承租人_____签字   Signed_____Witness   证人______签字   Singed_____Witness   证人______签字   Receipt   收据   Received from Mr. Jerome Kern the sum of EIGHT HUNDRED YUAN Only (Renminbi) on July 2nd, 2001, being the rent for the month of June 2002 for the premises occupied by him at 127 Qingzhu Road, Shenzhen.   Liu Ming  兹收到杰罗姆·科恩先生2001年7月2日交纳的捌佰元整(人民币)。该款项是其为居住在深圳青竹路127号所交纳的2002年7月份租金   刘明 Receipt Due Bill   借据   3500.00 May 26, 2001   Six months after date, for value received, I promise to pay to Mr. Li Dong the sum of three thousand and five hundred Yuan(renminbi)with interest at 3% per month.   Wu Ming   借款额:叁仟伍佰元   借款日期:2001年5月26日   我承诺在开票后六个月之内归还李冬先生人民币参仟伍佰元整,并付利息 3%。   吴明 IOU   借条   April 2nd, 2001   To Mr.John Bausman,   IOU Dollars three hundred only ($ 300.00).   Wang Min   致约翰·包斯曼先生:  本人欠您美元参佰元整。   立据人:王敏   2001年4月2日   Reckoning Tab   帐单   Mr.___,   Bought from______ gallery:   1 Oil Painting U.S. $ 1500.00   1 Frame for the above U.S.$ 200.00   Total: U.S.$ 1700.00   ___ 先生:   您从____画廊购得:   油画一幅 价值:1500.00美元   画框一副 价值:200.00美元   共计:1700.00美元 Contract Law of the People's Republic of China (Adopted at the Second Session of the Ninth National People's Congress on March 15, 1999) GENERAL PROVISIONS CHAPTER 1 GENERAL PROVISIONS Article 1 This Law is formulated with a view to protecting the lawful rights and interests of the parties to contracts, maintaining the social economic order and promoting the progress of the socialist modernization drive. Article 2 A contract in this Law refers to an agreement establishing, modifying and terminating the civil rights and obligations between subjects of equal footing, that is, between natural persons, legal persons or other organizations. Agreements involving personal status relationship such as on matrimony, adoption, guardianship, etc. shall apply the provisions of other Laws. Article 3 The parties to a contract shall have equal legal status. No party may impose its will on the other party. Article 4 The parties shall have the rights to be voluntary to enter into a contract in accordance with the law. No unit or individual may illegally interfere. Article 5 The parties shall abide by the principle of fairness in defining the rights and obligations of each party. Article 6 The parties must act in accordance with the principle of good faith, no matter in exercising rights or in performing obligations. Article 7 In concluding and performing a contract, the parties shall abide by the laws and administrative regulations, observe social ethics. Neither party may disrupt the socio-economic order or damage the public interests. Article 8 As soon as a contract is established in accordance with the law, it shall be legally binding on the parties. The parties shall perform their respective obligations in accordance with the terms of the contract. Neither party may unilaterally modify or rescind the contract. The contract established according to law shall be under the protection of law. CHAPTER 2 CONCLUSION OF CONTRACTS Article 9 In concluding a contract, the parties shall have appropriate civil capacity of right and civil capacity of conduct. The parties may conclude a contract through an agent in accordance with the law. Article 10 The parties may conclude a contract in written, oral or other forms. Where the laws or administrative regulations require a contract to be concluded in written form, the contract shall be in written form. If the parties agree to do so, the contract shall be concluded in written form. Article 11 The written forms mean the forms which can show the described contents visibly, such as a written contractual agreement, letters, and data-telex (including telegram, telex, fax, EDI and e-mails). Article 12 The contents of a contract shall be agreed upon by the parties, and shall contain the following clauses in general: (1) title or name and domicile of the parties; (2) contract object; (3) quantity; (4) quality; (5) price or remuneration; (6) time limit, place and method of performance; (7) liability for breach of contract; and (8) methods to settle disputes. The parties may conclude a contract by reference to the model text of each kind of contract. Article 13 The parties shall conclude a contract in the form of an offer and acceptance. Article 14 An offer is a proposal hoping to enter into a contract with other parties. The proposal shall comply with the following stipulations: (1) Its contents shall be detailed and definite; (2) It indicates the proposal of the offeror to be bound in case of acceptance. Article 15 An invitation for offer is a proposal for requesting other parties to make offers to the principal. Price forms mailed, public notices of auction and tender, prospectuses and commercial advertisements, etc. are invitations for offer. Where the contents of a commercial advertisement comply with the terms of the offer, it may be regarded as an offer. Article 16 An offer becomes effective when it reaches the offeree. If a contract is concluded by means of data-telex, and a recipient appoints a specific system to receive the data-telex, the time when the data-telex enters the system shall be the time of arrival; if no specific system is appointed, the time when the data-telex first enters any of the recipient's systems shall be regarded as the time of arrival. Article 17 An offer may be withdrawn, if the withdrawal notice reaches the offeree before or at the same time when the offer arrives. Article 18 An offer may be revoked, if the revocation reaches the offeree before it has dispatched an acceptance. Article 19 An offer may not be revoked, if (1) the offeror indicates a fixed time for acceptance or otherwise explicitly states that the offer is irrevocable; or (2) the offeree has reasons to rely on the offer as being irrevocable and has made preparation for performing the contract. Article 20 An offer shall be null and void under any of the following circumstances: (1) The notice of rejection reaches the offeror; (2) The offeror revokes its offer in accordance with the law; (3) The offeree fails to make an acceptance at the time when the time limit for acceptance expires; (4) The offeree substantially alters the contents of the offer. Article 21 An acceptance is a statement made by the offeree indicating assent to an offer. Article 22 Except that it is based on transaction practices or that the offer indicates an acceptance may be made by performing an act, the acceptance shall be made by means of notice. Article 23 An acceptance shall reach the offeror within the time limit fixed in the offer. Where no time limit is fixed in the offer, the acceptance shall arrive in accordance with the following provisions: (1) If the offer is made in dialogues, the acceptance shall be made immediately except as otherwise agreed upon by the parties; (2) If the offer is made in forms other than a dialogue, the acceptance shall arrive within a reasonable period of time. Article 24 Where the offer is made in a letter or a telegram, the time limit for acceptance commences from the date shown in the letter or from the moment the telegram is handed in for dispatch. If no such date is shown in the letter, it commences from the date shown on the envelope. Where an offer is made by means of instantaneous communication, such as telephone or facsimile, the time limit for acceptance commences from the moment that the offer reaches the offeree. Article 25 A contract is established when the acceptance becomes effective. Article 26 An acceptance becomes effective when its notice reaches the offeror. If an acceptance needn't be notified, it becomes effective when an act of acceptance is performed in accordance with transaction practices or as required in the offer. Where a contract is concluded in the form of data-telex, the time when an acceptance arrives shall apply the provisions of Paragraph 2, Article 16 of this Law. Article 27 An acceptance may be withdrawn, but a notice of withdrawal shall reach the offeror before the notice of acceptance reaches the offeror or at the same time when the acceptance reaches the offeror. Article 28 Where an offeree makes an acceptance beyond the time limit for acceptance, the acceptance shall be a new offer except that the offeror informs the offeree of the effectiveness of the said acceptance promptly. Article 29 If the offeree dispatches the acceptance within the time limit for acceptance which can reach the offeror in due time under normal circumstances, but the acceptance reaches the offeror beyond the time limit because of other reasons, the acceptance shall be effective, except that, the offeror informs the offeree promptly that it does not accept the acceptance because it exceeds the time limit for acceptance. Article 30 The contents of an acceptance shall comply with those of the offer. If the offeree substantially modifies the contents of the offer, it shall constitute a new offer. The modification relating to the contract object, quality, quantity, price or remuneration, time or place or method of performance, liabilities for breach of contract and the settlement of disputes, etc., shall constitute the substantial modification of an offer. Article 31 If the acceptance does not substantially modifies the contents of the offer, it shall be effective, and the contents of the contract shall be subject to those of the acceptance, except as rejected promptly by the offeror or indicated in the offer that an acceptance may not modify the offer at all. Article 32 Where the parties conclude a contract in written form, the contract is established when both parties sign or affix a seal on it. Article 33 Where the parties conclude the contract in the form of a letter or data-telex, etc., one party may request to sign a letter of confirmation before the conclusion of the contract. The contract shall be established at the time when the letter of confirmation is signed. Article 34 The place of effectiveness of an acceptance shall be the place of the establishment of the contract. If the contract is concluded in the form of data-telex, the main business place of the receipient shall be the place of establishment. If no main business place, its habitual residence shall be considered to be the place of establishment. Where the parties agree otherwise, the place of establishment shall be subject to that agreement. Article 35 Where the parties conclude a contract in written form, the place where both parties sign or affix a seal shall be the place where the contract is established. Article 36 A contract, which shall be concluded in written form as provided for by the laws and administrative regulations or as agreed upon by the parties, shall be established, as the parties do not use the written form, but one party has performed the principal obligation and the other party has received it. Article 37 A contract, which is concluded in written form, shall be eslablished, if one party has performed its principal obligation and the other party has received it before signiture or affixing with a seal. Article 38 In case the State issues a mandatory plan or a State purchasing order task based on necessity, the relevant legal persons or other organizations shall conclude contracts between them in accordance with the rights and obligations as stipulated by the relevant laws and administrative regulations. Article 39 Where standard terms are adopted in concluding a contract, the party which supplies the standard terms shall define the rights and obligations between the parties abiding by the principle of fairness, request the other party to note the exclusion or restriction of its liabilities in reasonable ways, and explain the standard terms according to the requirement of the other party. Standard terms are clauses which are prepared in advance for general and repeated use by one party and which are not negotiatied with the other party in concluding a contract. Article 40 When standard terms are under the circumstances stipulated in Article 52 and Article 53 of this Law, or the party which supplies the standard terms exempts itself from its liabilities, weights the liabilities of the other party, and excludes the rights of the other party, the terms shall be null and void. Article 41 If a dispute over the understanding of the standard terms occurs, it shall be interpreted according to general understanding. Where there are two or more kinds of interpretation, an interpretation unfavourable to the party supplying the standard terms shall be preferred. Where the standard terms are inconsistent with non-standard terms, the latter shall be adopted. Article 42 The party shall be liable for damages if it is under one of the following circumstances in concluding a contract and thus causing losses to the other party: (1) disguising and pretending to conclude a contract, and negotiating in bad faith; (2) concealing deliberately the important facts relating to the conclusion of the contract or providing deliberately false information; (3) performing other acts which violate the principle of good faith. Article 43 A business secret the parties learn in concluding a contract shall not be disclosed or unfairly used, no matter the contract is established or not. The party who causes the other party to suffer from losses due to disclosing or unfairly using the business secret shall be liable for damages. CHAPTER 3 EFFECTIVENESS OF CONTRACTS Article 44 The contract established according to law becomes effective when it is established. With regard to contracts which are subject to approval or registration as provided for by the laws or administrative regulations, the provisions thereof shall be followed. Article 45 The parties may agree on some collateral conditions relating to the effectiveness of a contract. The contract with entry-into-force conditions shall be effective when such conditions are accomplished. The contract with dissolving conditions shall be null and void when such conditions are accomplished. To unfairly prevent the conditions from being accomplished by one party for its own interests shall be regarded as those conditions have been accomplished. To unfairly promoting the accomplishment of such conditions by one party shall be regarded as non-accomplishment. Article 46 The parties may agree on a conditional time period as to the effectiveness of the contract. A contract subject to an effective time period shall come into force when the period expires. A contract with termination time period shall become invalid when the period expires. Article 47 A contract concluded by a person with limited civil capacity of conduct shall be effective after being ratified afterwards by the person's statutory agent, but a pure profit-making contract or a contract concluded which is appropriate to the person's age, intelligence or mental health conditions need not be ratified by the person's statutory agent. The counterpart may urge the statutory agent to ratify the contract within one month. It shall be regarded as a refusal of ratification that the statutory agent does not make any expression. A bona fide counterpart has the right to withdraw it before the contract is ratified. The withdrawal shall be made by means of notice. Article 48 A contract concluded by an actor who has no power of agency, who oversteps the power of agency, or whose power of agency has expired and yet concludes it on behalf of the principal, shall have no legally binding force on the principal without ratification by the principal, and the actor shall be held liable. The counterpart may urge the principal to ratify it within one month. It shall be regarded as a refusal of ratification that the principal does not make any expression. A bona fide counterpart has the right to withdraw it before the contract is ratified. The withdrawal shall be made by means of notice. Article 49 If an actor has no power of agency, oversteps the power of agency, or the power of agency has expired and yet concludes a contract in the principal's name, and the counterpart has reasons to trust that the actor has the power of agency, the act of agency shall be effective. Article 50 Where a statutory representative or a responsible person of a legal person or other organization oversteps his/her power and concludes a contract, the representative act shall be effective except that the counterpart knows or ought to know that he/she is overstepping his/her powers. Article 51 Where a person having no right to disposal of property disposes of other persons' properties, and the principal ratifies the act afterwards or the person without power of disposal has obtained the power after concluding a contract, the contract shall be valid. Article 52 A contract shall be null and void under any of the following circumstances: (1) A contract is concluded through the use of fraud or coercion by one party to damage the interests of the State; (2) Malicious collusion is conducted to damage the interests of the State, a collective or a third party; (3) An illegitimate purpose is concealed under the guise of legitimate acts; (4) Damaging the public interests; (5) Violating the compulsory provisions of the laws and administrative regulations. Article 53 The following immunity clauses in a contract shall be null and void: (1) those that cause personal injury to the other party; (2) those that cause property damages to the other party as a result of deliberate intent or gross fault. Article 54 A party shall have the right to request the people's court or an arbitration institution to modify or revoke the following contracts: (1) those concluded as a result of serious misunderstanding; (2) those that are obviously unfair at the time when concluding the contract. If a contract is concluded by one party against the other party's true intentions through the use of fraud, coercion or exploitation of the other party's unfavorable position, the injured party shall have the right to request the people's court or an arbitration institution to modify or revoke it. Where a party requests for modification, the people's court or the arbitration institution may not revoke the contract. Article 55 The right to revoke a contract shall extinguish under any of the following circumstances: (1) A party having the right to revoke the contract fails to exercise the right within one year from the day that it knows or ought to know the revoking causes; (2) A party having the right to revoke the contract explicitly expresses or conducts an act to waive the right after it knows the revoking causes. Article 56 A contract that is null and void or revoked shall have no legally binding force ever from the very beginning. If part of a contract is null and void without affecting the validity of the other parts, the other parts shall still be valid. Article 57 If a contract is null and void, revoked or terminated, it shall not affect the validity of the dispute settlement clause which is independently existing in the contract. Article 58 The property acquired as a result of a contract shall be returned after the contract is confirmed to be null and void or has been revoked; where the property can not be returned or the return is unnecessary, it shall be reimbursed at its estimated price. The party at fault shall compensate the other party for losses incurred as a result therefrom. If both parties are at fault, each party shall respectively be liable. Article 59 If the parties have maliciously conducted collusion to damage the interests of the State, a collective or a third party, the property thus acpuired shall be turned over to the State or returned to the collective or the third party. CHAPTER 4 PERFORMANCE OF CONTRACTS Article 60 The parties shall perform their obligations thoroughly according to the terms of the contract. The parties shall abide by the principle of good faith and perform the obligations of notice, assistance and maintaining confidentiality, etc. based on the character and purpose of the contract or the transaction practices. Article 61 Where, after the contract becomes effective, there is no agreement in the contract between the parties on the terms regarding quality, price or remuneration and place of performance, etc. or such agreement is unclear, the parties may agree upon supplementary terms through consultation. In case of a failure in doing so, the terms shall be determined from the context of relevant clauses of the contract or by transaction practices. Article 62 If the relevant terms of a contract are unclear, nor can it be determined according to the provisions of Article 61 of this Law, the provisions below shall be applied: (1) If quality requirements are unclear, the State standards or trade standards shall be applied; if there are no State standards or trade standards, generally held standards or specific standards in conformity with the purpose of the contract shall be applied. (2) If the price or remuneration is unclear, the market price of the place of performance at the time concluding the contract shall be applied; if the government-fixed price or government-directed price shall be followed in accordance with the law, the provisions of the law shall be applied. (3) If the place of performance is unclear, and the payment is currency, the performance shall be effected at the place of location of the party receiving the payment; if real estate is to be delivered, the performance shall be effected at the place of location of the real estate; in case of other contract objects, the performance shall be effected at the place of location of the party fulfilling the obligations. (4) If the time limit for performance is unclear, the obligor may at any time fulfill the obligations towards the obligee; the obligee may also demand at any time that the obligor performs the obligations, but a time period for necessary preparation shall be given to the obligor. (5) If the method of performance is unclear, the method which is advantageous to realize the purpose of the contract shall be adopted. (6) If the burden of the expenses of performance is unclear, the cost shall be assumed by the obligor. Article 63 In cases where the government-fixed price or government- directed price is followed in a contract, if the said price is readjusted within the time limit for delivery as stipulated in the contract, the payment shall be calculated according to the price at the time of delivery. If the delivery of the object is delayed and the price has risen, the original price shall be adopted; while the price has dropped, the new price shall be adopted. In the event of delay in taking delivery of the object or late payment, if the price has risen, the new price shall be adopted; while the price has dropped, the original price shall be adopted. Article 64 Where the parties agree that the obligor performs the obligations to a third party, and the obligor fails to perform the obligations to the third party or the performance does not meet the terms of the contract, the obligor shall be liable to the obligee for the breach of contract. Article 65 Where the parties agree that a third party performs the obligations to the obligee, and the third party fails to perform the obligations or the performance does not meet the terms of the contract, the obligor shall be liable to the obligee for the breach of contract. Article 66 If both parties have obligations towards each other and there is no order of priority in respect of the performance of obligations, the parties shall perform the obligations simultaneously. One party has the right to reject the other party's request for performance before the other party's performance. One party has the right to reject the other party's corresponding request for performance if the other party's performance does not meet the terms of the contract. Article 67 Where both parties have obligations towards each other and there has been an order of priority in respect of the performance, and the party which shall render its performance first has not rendered the performance, the party which may render its performance lately has the right to reject the other party's request for performance. Where the party which shall render its performance first violates the terms of a contract while fulfilling the obligations, the party which may render its performance lately has the right to reject the other party's corresponding request for performance. Article 68 One party, which shall render its performance first, may suspend its performance, if it has conclusive evidence that the other party is under any of the following circumstances: (1) Its business conditions are seriously deteriorating; (2) It moves away its property and takes out its capital secretly to evade debt; (3) It loses its commercial credibility; (4) Other circumstances showing that it loses or is possible to lose the capacity of credit. Where a party suspends performance of a contract without conclusive evidence, it shall be liable for the breach of contract. Article 69 One party to a contract which suspends its performance of the contract in accordance with the provisions of Article 68 of this Law, shall promptly inform the other party of such suspension. It shall resume its performance of the contract when the other party provides a sure guarantee. After the suspension of the performance, if the other party does not reinstate its capacity of performance and does not provide with a sure guarantee, the party suspending performance of the contract may rescind the contract. Article 70 If the obligee does not notify the obligor its separation, merger or a change of its domicile so as to make it difficult for the obligor to perform the obligations, the obligor may suspend the performance of the contract or have the object deposited. Article 71 The obligee may reject an advance performance of the contract by the obligor, except that the advance performance does not damage the interests of the obligee. Additional expenses caused to the obligee by advance performance shall be borne by the obligor. Article 72 The obligee may reject the partial performance of the contract by the obligor, except that the partial performance does not damage the interests of the obligee. Additional expenses caused to the obligee by partial performance shall be borne by the obligor. Article 73 If the obligor is indolent in exercising its due creditor's right, thus damaging the interests of the obligee, the obligee may request the people's court for subrogation in its own name, except that the creditor's right exclusively belongs to the obligor. The subrogation shall be exercised within the scope of the creditor's right of the obligee. The necessary expenses caused to the obligee by exercising subrogation shall be borne by the obligor. Article 74 If the obligor renounces its due creditor's right or transfers its property gratis, thus damaging the interests of the obligee, the obligee may request the people's court to revoke the obligor's act. If the obligor transfers its property at an obviously unreasonable low price, thus damaging the interests of the obligee, and the transferee knows such situation, the obligee may request the people's court to revoke the obligor's act. The right of revocation shall be exercised within the scope of the creditor's right of the obligee. The necessary expenses caused to the obligee by exercising the right of revocation shall be borne by the obligor. Article 75 The time limit for exercising the right of revocation shall be one year, commencing from the day when the obligee is aware or ought to be aware of the causes of revocation. If the right of revocation has not been exercised within five years from the day when the act of the obligor takes place, the right of revocation shall be extinguished. Article 76 After a contract becomes effective, the parties may not reject to perform the obligations of the contract because of modification of the title or name of the parties, or change of the statutory representative, the responsible person or the executive person of the parties. CHAPTER 5 MODIFICATION AND ASSIGNMENT OF CONTRACTS Article 77 A contract may be modified if the parties reach a consensus through consultation. If the laws or administrative regulations stipulate that a contract shall be modified through the procedures of approval or registration, such provisions shall be followed. Article 78 If the contents of the modified contract agreed by the parties are unclear, it shall be presumed that the contract is not modified. Article 79 The obligee may assign, wholly or in part, its rights under the contract to a third party, except for the following circumstances: (1) The rights under the contract may not be assigned according to the character of the contract; (2) The rights under the contract may not be assigned according to the agreement between the parties; (3) The rights under the contract may not be assigned according to the provisions of the laws. Article 80 An obligee assigning its rights shall notify the obligor. Without notifying the obligor, the assignment shall not become effective to the obligor. The notice of assignment of rights may not be revoked, unless the assignee agrees thereupon. Article 81 If the obligee assigns its rights, the assignee shall acquire the collateral rights relating to the principal rights, except that the collateral rights exclusively belong to the obligee. Article 82 After the obligor receives the notice of assignment of the creditor's rights, it may claim its demur in respect of the assignor to the assignee. Article 83 When the obligor receives the notice of assignment of the creditor's rights, and the obligor has due creditor's rights to the assign or, and the creditor's rights of the obligor are due in priority to the assigned creditor's rights or due at the same time, the obligor may claim to offset each other to the assignee. Article 84 If the obligor assigns its obligations, wholly or in part, to a third party, it shall obtain consent from the obligee first. Article 85 If the obligor assigns its obligations to a third party, the new obligor may claim the demur belonging to the original obligor in respect of the obligee. Article 86 If the obligor assigns its obligations to a third party, the new obligor shall assume the collateral obligations relating to the principal obligations, except that the obligations exclusively belong to the original obligor. Article 87 Where the laws or administrative regulations stipulate that the assignment of rights or transfer of obligations shall go through approval or registration procedures, such provisions shall be followed. Article 88 One party to a contract may assign its rights and obligations under the contract together to a third party with the consent of the other party. Article 89 If one party to a contract assigns its rights and obligations under the contract together to a third party, the provisions of Article 79, Article 81 to 83, and Article 85 to 87 of this Law shall be applied. Article 90 If one party to a contract is merged after the contract has been concluded, the legal person or other organization established after the merger shall exercise the contract rights and perform the contract obligations. If one party is separated after the contract has been concluded, the legal persons or other organizations thus established after the separation shall exercise the contract rights or assume the contract obligations jointly and severally. CHAPTER 6 TERMINATION OF THE RIGHTS AND OBLIGATIONS OF CONTRACTS Article 91 The rights and obligations of contracts shall be terminated under any of the following circumstances: (1) The debt obligations have been performed in accordance with the terms of the contract; (2) The contract has been rescinded; (3) The debts have been offset against each other; (4) The obligor has deposited the object according to law; (5) The debt obligations have been exempted by the obligee; (6) The creditor's rights and debt obligations are assumed by the same person; or (7) Other circumstances for termination as stipulated by the laws or agreed upon by the parties in the contract. Article 92 When the rights and obligations of contracts are terminated, the parties to a contract shall, abiding by the principle of good faith, perform such obligations as making a notice, providing assistance and maintaining confidentiality according to transaction practices. Article 93 A contract may be rescinded if the parties to the contract reach a consensus through consultation. The parties to a contract may agree upon the conditions to rescind the contract by one party. When such conditions are accompanised, the party entitled to rescind the contract may rescind it. Article 94 The parties to a contract may rescind the contract under any of the following circumstances: (1) The purpose of the contract is not able to be realized because of force majeure; (2) One party to the contract expresses explicitly or indicates through its acts, before the expiry of the performance period, that it will not perform the principal debt obligations; (3) One party to the contract delays in performing the principal debt obligations and fails, after being urged, to perform them within a reasonable time period; (4) One party to the contract delays in performing the debt obligations or commits other acts in breach of the contract so that the purpose of the contract is not able to be realized; or (5) Other circumstances as stipulated by law. Article 95 Where the laws stipulate or the parties agree upon the time limit to exercise the right to rescind the contract, and no party exercises it when the time limit expires, the said right shall be extinguished. Where the law does not stipulate or the parties make no agreement upon the time limit to exercise the right to rescind the contract, and no party exercises it within a reasonable time period after being urged, the said right shall be extinguished. Article 96 One party to a contract shall make a notice to the other party if it advances to rescind the contract according to the provisions of Paragraph 2, Article 93 and Article 94 of this Law. The contract shall be rescinded upon the arrival of the notice at the other party. The party may, if the other party disagrees therewith, request the people's court or an arbitration institution to confirm the effectiveness of rescinding the contract. Where the laws or administrative regulations stipulate that the rescinding of a contract shall go through the formalities of approval and registration, the provisions thereof shall be followed. Article 97 If a contract has not yet been performed, its performance shall be terminated after the rescission. If it has been performed, a party to the contract may, in light of the performance and the character of the contract, request that the original status be restored or other remedial measures be taken. Article 98 The termination of the rights and obligations of a contract may not affect the force of the settlement and clearance clauses in the contract. Article 99 Where the parties to a contract have debts due mutually and the category and character of the debts are the same, any party may offset his debt against the other's one, except that the debts may not be offset according to the provisions of the laws or to the character of the contract. Any party advancing to offset the debts shall make a notice to the other party. Such notice shall be effective upon the arrival at the other party. The offset may not be accompanied by any conditions or time limit. Article 100 Where the parties to a contract have debts due mutually and the category and character of the debts are different, the debts may be offset against each other if both parties have reached a consensus through consultation. Article 101 The obligor may deposit the object if the debt obligatcons are difficult to be performed under any of the following circumstances: (1) The obligee refuses to accept them without justified reasons; (2) The obligee is missing; (3) The obligee is deceased and the heir is not yet determined, or the obligee has lost his conduct capacity and the guardian is not yet determined; or (4) Other circumstances as stipulated by law. If the object is not fit to be deposited or the deposit expenses are excessively high, the obligor may, according to law, auction or sell the object and deposit the money obtained therefrom. Article 102 After the object is deposited, the obligor shall, except that the obligee is missing, make a notice promptly to the obligee or the obligee's heir or guardian. Article 103 The risk of damage to and missing of the object after being deposited shall be borne by the obligee. During the period of depositing, the fruits generated by the object shall belong to the obligee. The deposit expenses shall be borne by the obligee. Article 104 The obligee may claim the deposited object at any time. However, if the obligee is under a debt due to the obligor the deposit authorities shall refuse him to claim the deposited object at the request of the obligor, before the obligee has performed his debt obligations or provides a guaranty. The right to claim the deposited object by the obligee shall be extinguished if it has not been exercised within 5 years as of the date of deposit. The deposited object shall be owned by the State with deduction of the deposit expenses. Article 105 If the obligee exempts the obligor from the debt obligations wholly or in part, the whole or part of the rights and obligations of a contract shall be terminated. Article 106 If the creditor's rights and debt obligations are assumed by the same person, the rights and obligations of a contract shall be terminated, except for those involving the interests of a third party. CHAPTER 7 LIABILITY FOR BREACH OF CONTRACTS Article 107 Where one party to a contract fails to perform the contract obligations or its performance fails to satisfy the terms of the contract, the party shall bear such liabilities for breach of contract as to continue to perform its obligations, to take remedial measures, or to compensate for losses. Article 108 Where one party to a contract expresses explicitly or indicates through its acts that it will not perform the contract, the other party may demand it to bear the liability for the breach of contract before the expiray of the performance period. Article 109 If one party to a contract fails to pay the price or remuneration, the other party may request it to make the payment. Article 110 Where one party to a contract fails to perform the non- monetary debt or its performance of non-monetary debt fails to satisfy the terms of the contract, the other party may request it to perform it except under any of the following circumstances: (1) It is unable to be performed in law or in fact; (2) The object of the debt is unfit for compulsory performance or the performance expenses are excessively high; or (3) The creditor fails to request for the performance within a reasonable time period. Article 111 If the quality fails to satisfy the terms of the contract, the breach of contract damages shall be borne according to the terms of the contract agreed upon by the parties. If there is no agreement in the contract on the liability for breach of contract or such agreement is unclear, nor can it be determined in accordance with the provisions of Article 61 of this Law, the damaged party may, in light of the character of the object and the degree of losses, reasonably choose to request the other party to bear the liabilities for the breach of contract such as repairing, substituting, reworking, returning the goods, or reducing the price or remuneration. Article 112 Where one party to a contract fails to perform the contract obligations or its performance fails to satisfy the terms of the contract, the party shall, after performing its obligations or taking remedial measures, compensate for the losses, if the other party suffers from other losses. Article 113 Where one party to a contract fails to perform the contract obligations or its performance fails to satisfy the terms of the contract and causes losses to the other party, the amount of compensation for losses shall be equal to the losses caused by the breach of contract, including the interests receivable after the performance of the contract, provided not exceeding the probable losses caused by the breach of contract which has been foreseen or ought to be foreseen when the party in breach concludes the contract. The business operator who commits default activities in providing to the consumer any goods or service shall be liable for paying compensation for damages in accordance with the Law of the People's Republic of China on the Protection of Consumer Rights and Interests. Article 114 The parties to a contract may agree that one party shall, when violating the contract, pay breach of contract damages of a certain amount in light of the breach, or may agree upon the calculating method of compensation for losses resulting from the breach of contract. If the agreed breach of contract damages are lower than the losses caused, any party may request the people's court or an arbitration institution to increase it; if it is excessively higher than the losses caused, any party may request the people's court or an arbitration institution to make an appropriate reduction. If the parties to a contract agree upon breach of contract damages in respect to the delay in performance, the party in breach shall perform the debt obligations after paying the breach of contract damages. Article 115 The parties to a contract may, according to the Guaranty Law of the People's Republic of China, agree that one party pays a deposit to the other party as the guaranty for the creditor's rights. After the debt obligations are performed by the obligor, the deposit shall be returned or offset against the price. If the party that pays the deposit fails to perform the agreed debt obligations, it shall have no right to reclaim the deposit. If the party that receives the deposit fails to perform the agreed debt obligations, it shall return twice the amount of the deposit. Article 116 Where the parties to a contract agree on both breach of contract damages and a deposit, when one party violates the contract, the other party may choose to apply the breach of contract damages clause or the deposit clause. Article 117 In case that a contract is not able to be performed because of force majeure, the liabilities shall be exempted in part or wholly in light of the effects of force majeure, except as otherwise stipulated by law. If the force majeure occurs after one party has delayed in performance, the liability may not be exempted. Force majeure as referred to in this Law means the objective circumstances that are unforeseeable, unavoidable and insurmountable. Article 118 One party to a contract that is not able to perform the contract because of force majeure shall make a notice to the other party promptly so as to reduce the probable losses to the other party and provide evidence within a reasonable time limit. Article 119 After one party violates a contract, the other party shall take proper measures to prevent from the enlargement of losses; if the other party fails to take proper measures so that the losses are enlarged, it may not claim any compensation as to the enlarged losses. The reasonable expenses paid by the party to prevent from the enlargement of losses shall be borne by the party in breach. Article 120 In case that both parties violate a contract, they shall bear the liabilities respectively. Article 121 One party that violates the contract because of a third party shall be liable for the breach of contract to the other party. The disputes between the said party and the third party shall be settled according to law or their agreement. Article 122 In case that the breach of contract by one party infringes upon the other party's personal or property rights, the aggrieved party shall be entitled to choose to claim the assumption by the violating and infringing party of liabilities for breach of contract according to this Law, or to claim the assumption by the violating and infringing party of liabilities for infringement according to other laws CHAPTER 8 MISCELLANEOUS PROVISIONS Article 123 If there are provisions as otherwise stipulated in respect to contracts in other laws, such provisions shall be followed. Article 124 Any contract which is not addressed explicitly in the Specific Provisions of this Law or in other laws shall apply the provisions of the General Provisions of this Law. The most similar provisions in the Specific Provisions of this Law or in other laws may be applied mutatis mutandis. Article 125 With regard to disputes between the parties to a contract arising from the understanding of any clause of the contract, the true intention of such clause shall be determined according to the terms and expressions used in the contract, the contents of the relevant clauses of the contract, the purpose for concluding the contract, the transaction practices and the principle of good faith. Where two or more languages are adopted in the text of a contract and it is agreed that both texts are equally authentic, it shall be presumed that the terms and expressions in various versions have the same meaning. In case that the terms and expressions in different versions are inconsistent, they shall be interpreted according to the purpose of the contract. Article 126 The parties to a contract involving foreign interests may choose the law applicable to the settlement of their contract disputes, except as otherwise stipulated by law. If the parties to a contract involving foreign interests have not made a choice, the law of the country to which the contract is most closely connected shall be applied. The contracts for Chinese-foreign equity joint ventures, for Chinese- foreign contractual joint ventures and for Chinese-foreign cooperative exploration and development of natural resources to be performed within the territory of the People's Republic of China shall apply the laws of the People's Republic of China. Article 127 The departments of administration for industry and commerce and other competent departments shall, within the scope of their respective competence and functions, be responsible for supervision over and dealing with illegal acts in taking advantage of contracts to endanger and harm the State interests and public interests. In case that a crime is constituted, criminal responsibility shall be investigated. Article 128 The parties may settle their disputes relevant to the contract through conciliation or mediation. The parties may, if unwilling to settle their disputes through conciliation or mediation or failing in the conciliation or mediation, apply to an arbitration institution for arbitration according to their arbitration agreement. The parties to a contract involving foreign interests may, according to their arbitration agreement, apply for arbitration to a Chinese arbitration institution or other arbitration institutions. If there is no arbitration agreement between the parties or the arbitration agreement is null and void, they may bring a lawsuit before the people's court. The parties shall perform the court judgments, arbitration awards or mediation documents with legal effectiveness. In case any refusal in respect to the performance, the other party may request the people's court for execution. Article 129 The time limit for action before the people's court or for arbitration before an arbitration institution regarding disputes relating to contracts for international sales of goods and contracts for technology import and export shall be four years, calculating from the date on which the party knows or ought to know the infringement on its rights. The time limits for action before the people's court or for arbitration before an arbitration institution regarding other contracts disputes shall be in accordance with the provisions of the relevant laws. SPECIFIC PROVISIONS CHAPTER 9 CONTRACTS FOR SALES Article 130 A sales contract is a contract whereby the seller transfers the ownership of an object to the buyer and the buyer pays the price for it. Article 131 Other than those as stipulated in Article 12 of this Law, a sales contract may also contain such clauses as package manner, inspection standards and method, method of settlement and clearance, language adopted in the contract and its authenticity. Article 132 An object to be sold shall be owned by the seller or of that the seller is entitled to dispose. Where the transfer of an object is prohibited or restricted by the laws and administrative regulations, the provisions thereof shall be followed. Article 133 The ownership of an object shall be transferred upon the delivery of the object, except as otherwise stipulated by law or agreed upon by the parties. Article 134 The parties to a sales contract may agree that the own- ership shall belong to the seller if the buyer fails to pay the price or perform other obligations. Article 135 The seller shall perform the obligation to deliver to the buyer the object or the documents to take delivery of the object, and to transfer the ownership of the object. Article 136 The seller shall, according to the terms of the contract or transaction practices, deliver to the buyer relevant documents and materials other than the documents to take delivery of the object. Article 137 When an object such as computer software with intellectual property rights is sold, the intellectual property rights of such object shall not belong to the buyer except as otherwise stipulated by law or agreed upon by the parties. Article 138 The seller shall deliver the object according to the agreed time limit. If a time limit of delivery is agreed upon, the seller may deliver at any time within the said time limit. Article 139 Where there is no agreement in the contract between the parties as to the time limit to deliver the object or such agreement is unclear, the provisions of Article 61 and Sub-Paragraph (4), Article 62 of this Law shall be applied. Article 140 If an object has been possessed by the buyer before the contract is concluded, the delivery time shall be the time when the contract goes into effect. Article 141 The seller shall deliver the object according to the agreed place. Where there is no agreement in the contract between the parties as to the place to deliver the object or such agreement is unclear, nor can it be determined according to the provisions of Article 61 of this Law, the following provisions shall be applied: (1) In case the object needs carriage, the seller shall deliver the object to the first carrier so as to hand it over to the buyer; or (2) In case the object does not need carriage, and the seller and buyer know the place of the object when concluding the contract, the seller shall deliver the object at such place; if the place is unknown, the object shall be delivered at the business place of the seller when concluding the contract. Article 142 The risk of damage to or missing of an object shall be borne by the seller before the delivery of the object and by the buyer after the delivery, except as otherwise stipulated by law or agreed upon by the parties. Article 143 Where the object cannot be delivered according to the agreed time limit due to causes of the buyer, the buyer shall bear the risk of damage to or missing of the object as of the agreed date of delivery. Article 144 Where the seller sells an object delivered to a carrier for carriage and en route of carriage, the risk of damage to or missing of the object shall be borne by the buyer as of the time of establishment of the contract, except as otherwise agreed upon by the parties. Article 145 Where there is no agreement in the contract between the parties as to the place of delivery or such agreement is unclear, and the object needs carriage according to the provisions of Sub-paragraph (1), Paragraph 2, Article 141 of this Law, the risk of damage to or missing of the object shall be borne by the buyer after the seller has delivered the object to the first carrier. Article 146 Where the seller has put an object at the place of delivery according to the provisions of Sub-paragraph (2), Paragraph 2, Article 141 of this Law, while the buyer fails to take delivery of the object by violating the terms of the contract, the risk of damage to or missing of the object shall be borne by the buyer as of the date of breach. Article 147 The buyer's failure in delivering the documents and materials relating to the object according to the terms of the contract may not affect the risk transfer of the damage to or missing of the object. Article 148 Where it is not able to realize the purpose of a contract because the quality of the object has not satisfied the quality requirements, the buyer may refuse to accept the object or may rescind the contract. Where the buyer refuses to accept the object or rescinds the contract, the seller shall bear the risk of damage to or missing of the object. Article 149 In case that the buyer bears the risk of damage to or missing of the object, the buyer's right may not be affected to claim the assumption by the seller of the liabilities for breach of contract because of the seller's performance failing to conform with the terms of the contract. Article 150 The seller shall, in respect of the object delivered, assume the obligation to guarantee that no third party may claim any right to the buyer, except as otherwise stipulated by law. Article 151 Where the buyer knows or ought to know, when concluding the contract, that a third party has rights on the object to be sold, the seller may assume no obligation as stipulated in Article 150 of this Law. Article 152 Where the buyer has conclusive evidence to demonstrate that a third party may probably claim rights on the object, the buyer may suspend to pay the corresponding price, unless the seller provides a proper guaranty. Article 153 The seller shall deliver the object according to the agreed quality requirements. In case that the seller provides with the quality specifications concerning the object, the delivered object shall satisfy the quality requirements in such specifications. Article 154 Where there is no agreement between the parties in the contract on the object quality requirements or such agreement is unclear, nor can it be determined according to the provisions of Article 61 of this Law, the provisions of Sub-paragraph (1), Article 62 of this Law shall be applied. Article 155 Where the object delivered by the seller fails to conform with the quality requirements, the buyer may claim the assumption by the seller of the liabilities for breach of contract according to the provisions of Article 111 of this Law. Article 156 The seller shall deliver the object in the agreed package manner. Where there is no agreement on package manner in the contract or the agreement is unclear, nor can it be determined according to the provisions of Article 61 of this Law, the object shall be packed in a general manner, and if no general manner, a package manner enough to protect the object shall be adopted. Article 157 The buyer shall inspect the object within the agreed inspection period after receiving the object. In case there is no such period agreed upon in the contract, the inspection shall be made in time. Article 158 Where the parties have agreed upon the inspection period in the contract, the buyer shall, within the period for inspection, make a notice to the seller that the object quantity or quality fails to conform with the terms of the contract. If the buyer is indolent in making such a notice, it shall be deemed that the object quantity or quality has conformed with the terms of the contract. Where there is no agreement between the parties in the contract on the inspection period, the buyer shall make a notice to the seller within a reasonable time period after it finds or ought to find that the object quantity or quality fails to conform with the terms of the contract. If the buyer fails in making a notice within such reasonable time period or within 2 years as of the date of receiving the object, it shall be deemed that the object quantity or quality has conformed with the terms of the contract. However, if there is a quality guarantee period on the object, the said quality guarantee period shall be applied instead of the above said 2 years. Where the seller knows or ought to know the object to be supplied does not conform with the terms of the contract, the buyer may not be restricted by the time limit as stipulated in the preceding paragraph. Article 159 The buyer shall pay the price according to the agreed amount in the contract. If there is no agreement in the contract on the price or such agreement is unclear, the provisions of Article 61 and Sub paragraph (2), Article 62 of this Law shall be applied. Article 160 The buyer shall pay the price at the agreed place. If there is no agreement in the contract on the place of payment or the agreement is unclear, nor can it be determined according to the provisions of Article 61 of this Law, the buyer shall pay at the seller's business place. However, if it is agreed that the delivery of the object or the documents to take delivery of the object is set as a prerequisite to the payment of the price, the payment shall be made at the place where the object or the documents to take delivery of the object are delivered. Article 161 The buyer shall pay the price at the agreed time. If there is no agreement in the contract on the time of payment or such agreement is unclear, nor can it be determined according to the provisions of Article 61 of this Law, the buyer shall pay at the same time when receiving the object or the documents to take delivery of the object. Article 162 Where the seller delivers excessive objects, the buyer may accept or refuse to accept the excess part. In case the buyer accepts the excess part, the buyer shall pay for it at the price in the original contract; if he refuses to accept the excess part, the buyer shall make a notice to the seller promptly. Article 163 Any fruits generated by the object before delivery shall be owned by the seller, while those generated after delivery shall be owned by the buyer. Article 164 If a contract is rescinded resulting from that the principal part of the object fails to satisfy the terms of the contract, the effectiveness of rescinding the contract shall extend to the collateral part. Where the collateral part of the object fails to satisfy the terms of the contract so that it has been rescinded, the effectiveness of its rescinding may not extend to the principal part. Article 165 Where the object contains several items and one of them fails to satisfy the terms of the contract, the buyer may rescind the contract with respect to such item. However, if its separation from other items will damage the object value obviously, the parties may rescind the contract with respect to such several items. Article 166 Where the seller delivers the object in batches, if the seller fails to deliver one batch of the object or the delivery fails to satisfy the terms of the contract so that the said batch can not realize the contract purpose, the buyer may rescind the contract with respect to such batch of object. If the seller fails to deliver one batch of object or the delivery fails to satisfy the terms of the contract so that the delivery of the subsequent batches of objects can not realize the contract purpose, the buyer may rescind the contract with respect to such batch and the subsequent batches of objects. If the buyer has rescinded the contract with respect to one batch of object and such batch of object is indispensable to other batches of the objects, the buyer may rescind the contract with respect to the various batches of objects delivered and undelivered. Article 167 Where the buyer making payment by installments fails to pay the price due and the amount unpaid accounts for one fifth of the whole price, the seller may request the buyer to pay the whole price or may rescind the contract. Where the seller rescinds the contract, the seller may request the buyer to pay for the use of such object. Article 168 The parties to a sales transaction based upon the sample shall seal up the sample, and may make specifications on the sample quality. The object delivered by the seller shall have the same quality as the sample and the specifications. Article 169 Where the buyer to a sales transaction based upon the sample does not know that the sample has a hidden defect, even if the object delivered is the same as the sample, the object delivered by the seller shall still meet the normal standards of the kind. Article 170 The parties to a sales transaction on trial use may agree on the period of trial use of the object. If there is no agreement in the contract on such period or such agreement is unclear, nor can it be determined according to the provisions of Article 61 of this Law, it shall be determined by the seller. Article 171 The buyer to a sales transaction on trial use may, during the period of trial use, buy the object or refuse to buy it. Upon the expiry of the period of trial use, if the buyer fails to express whether or not to buy the object, the purchase shall be deemed. Article 172 The rights and obligations of the parties to a sales transaction in the form of inviting and making tenders and the procedures therefor, shall be in accordance with the provisions of relevant laws and administrative regulations. Article 173 The rights and obligations of the parties to an auction and the procedures therefor, shall be in accordance with the provisions of relevant laws and administrative regulations. Article 174 Where there is any provision on other non-gratuitous contracts in the laws, such provisions shall be followed; if no such provisions, the relevant provisions on sales contracts shall be applied mutatis mutandis. Article 175 Where the parties make an agreement on a barter trade, and the ownership of the object is to be transferred, the relevant provisions on sales contracts shall be applied mutatis mutandis.
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