Home sale and purchase contract (government template)

Party to the contract (Buyer):      Signature/Seal  National ID No.:
Address:
Telephone:
Party to the contract (Seller):      Signature/Seal  National ID No.:
Address:
Telephone:
Land administration agent: (the Buyer and Seller shall check one of the following)
□ The Buyer and Seller each designate a land administration agent. Buyer's land administration agent:
Seller's land administration agent:
□ Land administration agent agreed by the Buyer and Seller:
Real estate brokerage firm:
□ Real estate brokerage firm engaged by the Buyer
□ Real estate brokerage firm engaged by the Seller
□ Name of the real estate brokerage firm engaged by both Buyer and Seller (company or firm)
Address:
Telephone:
Uniform business number:
Representative:    (Signature/Seal)
National ID No.:
Real estate broker
□ Real estate broker engaged by the Buyer:
□ Real estate broker engaged by the Seller:
□ Real estate broker engaged by both Buyer and Seller:
Name:     (Signature/Seal)
Telephone:
Address:
National ID No.:
Certificate No.:
Date: ROC year   , month   , day

Attachment 1: Building Condition Confirmation  Item / Content / Remarks
□ Yes □ No  Includes unregistered renovation, extension, addition or illegal construction:
□ 1st floor __ square meters □ Floor __ __ square meters
□ Rooftop __ square meters □ Other __ square meters  If it is illegal construction (a building extension or addition not applied for in accordance with law), the Seller shall explain it accurately so that the Buyer fully understands that this part of the building is at risk of demolition at any time or other hazards.
Building type: __________.
Current layout: □ with □ without partitions; if with, __ bedroom(s), __ living/dining room(s), __ bathroom(s).
1. Building type
(1) Ordinary building: sole ownership with no common portions (including detached, row, semi-detached, etc.).
(2) Condominium (sectionally owned) building: apartment (five floors or fewer without elevator), townhouse, storefront (shop), office/commercial building, residential or mixed-use tower (eleven floors or more with elevator), mid-rise building (ten floors or fewer with elevator), studio (one bedroom, one living room, one bathroom), etc.
2. The current layout is the actual layout at the time of the transaction, e.g., number of bedrooms, living rooms and bathrooms, and whether there are partitions.
Type and number of car parking space:
Above-ground (underground) Floor __ □ flat parking space □ mechanical parking space □ other __.
Number: parking space No. __, __ space(s), □ with □ without a separate ownership certificate.
□ Yes □ No  Separation-of-use agreement and drawings attached.
□ Yes □ No  Agreed exclusive-use areas; if yes, see the drawings attached to the community rules.
□ Yes □ No  Water leakage; if yes, location of leakage:
____.
Handling of leakage:
□ Seller repairs before handover.
□ Handover in current condition: □ price reduction □ Buyer repairs.
□ Other ______.
□ Yes □ No  Radiation (radioactive building) testing has been performed;
if yes, please attach the test certificate.
Test result: □ Yes □ No  radiation abnormality; if abnormal, handling:
□ Seller remedies before handover.
□ Handover in current condition: □ price reduction □ Buyer remedies.
□ Other ____.
Buildings that obtained a use permit between ROC years 71 and 73 should pay special attention to testing. The Nuclear Safety Commission website provides a "Query System for Radioactive Buildings with a Current Annual Dose of 1 mSv or More" for the public to check radioactive building information; anyone wishing to carry out remediation should consult the Nuclear Safety Commission for technical assistance.
6 □ Yes □ No  Testing for water-soluble chloride ion content in concrete (e.g., sea-sand building testing) has been performed; if yes, test result: ____________.
□ Yes □ No  Content exceeds the allowable value; if it exceeds, handling:
□ Seller repairs before handover.
□ Handover in current condition: □ price reduction □ Buyer repairs.
□ Other ____.
1. Before July 21, ROC year 83, CNS 3090 did not set an allowable value for maximum water-soluble chloride ion content (by the water-soluble method) in reinforced concrete.
2. For buildings whose construction inspection was reported under building regulations from July 22, ROC year 83 to June 24, ROC year 87, under the CNS 3090 testing standard as amended and promulgated on July 22, ROC year 83, the allowable value for maximum water-soluble chloride ion content (by the water-soluble method) in reinforced concrete is 0.6 kg/m.
3. For buildings whose construction inspection was reported under building regulations from June 25, ROC year 87 to January 12, ROC year 104, the maximum water-soluble chloride ion content in reinforced concrete is governed by the CNS 3090 testing standard as amended and promulgated on June 25, ROC year 87, with an allowable value of 0.3 kg/m.
4. For buildings whose construction inspection was reported under building regulations from January 13, ROC year 104 to June 30, ROC year 114, the maximum water-soluble chloride ion content in reinforced concrete is governed by the CNS 3090 testing standard as amended and promulgated on January 13, ROC year 104, with an allowable value of 0.15 kg/m.
5. For buildings whose construction inspection is reported under building regulations on or after July 1, ROC year 114, the upper limit is the maximum water-soluble chloride ion content in hardened concrete relative to the total cementitious material mass in the mix, as set by the "Design Code for Concrete Structures of Buildings."
6. The above test data may be requested from the competent building authority. Testing standards differ between periods, and the Buyer and Seller should pay attention to this themselves.
Whether any homicide, suicide, carbon monoxide poisoning or other unnatural death has occurred in this building (exclusive portion):
(1) During the period of ownership: □ Yes □ No  such an event has occurred.
(2) Before acquiring ownership, the Seller
□ confirms no such event.
□ knows that such an event occurred.
□ does not know whether such an event occurred.
□ Yes □ No  Residential fire alarm.
□ Yes □ No  Other fire safety equipment; if yes, items: (1)____ (2)____ (3)____.
Owners of residences not required to install automatic fire alarm equipment shall install and maintain residential fire alarms under Article 6, Paragraph 5 of the Fire Services Act.
9 Tap water supply □ is □ is not normal; if not normal, handling:
□ Seller repairs before handover.
1. The Seller shall state separately whether the building's tap water supply and drainage are normal.
□ Handover in current condition: □ price reduction □ Buyer repairs.
□ Other ____.
Drainage □ is □ is not normal; if not normal, handling:
□ Seller repairs before handover.
□ Handover in current condition: □ price reduction □ Buyer repairs.
□ Other ____.
□ Yes □ No  User pressurized water receiving equipment is installed; if yes, it must be managed and maintained by the user.
2. If the building is not located in a water utility supply area, where tap water users in that area connect to tap water and install user pressurized water receiving equipment under Article 23, Paragraph 2 of the Tap Water Act between the main meter and the building, it must be managed and maintained by the user.
Currently □ Yes □ No  leased or occupied by others; if yes,
□ before handover the Seller shall: □ terminate the lease □ demolish □ remove
□ handover in current condition
□ the Buyer and Seller have another agreement __________.
Currently □ Yes □ No  leasing or occupying another's land;
if yes,
□ before handover the Seller shall: □ terminate the lease □ demolish □ remove
□ handover in current condition
□ the Buyer and Seller have another agreement ________.
□ Is □ Is not  a hillside residential community under the control of the special municipality or county (city) government.
The competent building authority □ has □ has not provided assessment and recommendation data.
The owner or the owner's agent may apply to the competent building authority of the special municipality or county (city) government for the relevant assessment and recommendation data.
13 □ Yes □ No  Agreed exclusive-use areas; if yes, see the community rules.
□ Yes □ No  Condominium community rules or other matters residents must observe; if yes, □ Yes □ No  the rules or other matters residents must observe are attached.
□ Yes □ No  Unified management by a management committee; if yes, the management fee is □ NT$__ monthly □ NT$__ quarterly □ NT$__ yearly □ other ___.
□ Yes □ No  Unpaid management fees; if yes, NT$____.
The same applies to parking space management fees collected under the name of cleaning fees.
The following fixtures and appliances are
□ included in the building price and transferred with the building
□ not included in the building price and given by the Seller to the Buyer free of charge
□ not included in the building price and to be removed by the Seller. The items are as follows:
□ TV __ □ TV cabinet __ □ sofa __ set(s) □ coffee table __ □ dining table __ □ dining chairs __ □ shoe cabinet __ □ curtains __ set(s) □ light fixtures __ □ refrigerator __ □ washing machine __ □ bookcase __ □ bed set (headboard) __ □ wardrobe __ set(s) □ dressing table __ □ desk and chair __ □ storage cabinet __ □ telephone __ □ security system __ set(s) □ microwave oven __ □ dishwasher __ □ air conditioner __ □ range hood __ □ kitchen counter __ □ gas stove __ □ water heater __ □ natural gas
□ Other __.
17 This building □ has □ does not have a legally installed intermediate pump machine room or water tank; if it has, it is located on Floor   .
The rooftop platform of this building □ has □ does not have a legally installed mobile phone base station.
Installation of a mobile phone base station shall be approved by resolution of the condominium management committee or the owners' meeting.
□ Yes □ No  Solar photovoltaic power generation equipment installed;
if yes, the basis for installation is:
□ Installed as required by law (legal basis: _________)
□ No legal obligation; installed by the Seller voluntarily.
The equipment is located in:
□ the exclusive portion
□ the common portion
□ other _______ (location)
Responsibility for management and maintenance of the equipment:
□ the Buyer
□ the management committee
□ no management committee; managed and maintained jointly by the residents
□ a renewable energy business. If the Seller installed solar photovoltaic equipment as required by law, the stated legal basis shall include central regulations or local autonomous regulations.
Seller: _______________ (Signature/Seal)
Buyer: _______________ (Signature/Seal)
Date of signing: ____ (year) ____ (month) _____ (day)

Attachment 2: Confirmation of Assumption of Existing Loan  The debt secured by the mortgage originally created on the property in this sale is assumed as follows:
1. Filing number: _____ (year) _____ (month) _____ (day), _____ Land Office, _____ Registration No. _____
2. Mortgagee ____________________.
3. Secured amount: NT$____________________
4. Amount of the outstanding debt (principal, late interest) secured by the mortgage that the Buyer agrees to assume: NT$_____.
5. Assumption date: _____ (year) _____ (month) _____ (day).
6. Interest, late interest, penalties and the like accrued before the debt assumption date shall all be borne by the Seller.
7. Whether the Buyer enjoys a preferential interest rate after assuming the debt shall depend on the Buyer's own qualifications.
Seller: ________________ (Signature/Seal)
Buyer: ________________ (Signature/Seal)
Date of signing: _____ (year) _____ (month) _____ (day)

Attachment 3: Declaration Designating a Third Party as Registered Owner  The Buyer ______ purchases from the Seller ＿＿＿ the __ parcel(s) of land located at Lot No. __, Subsection __, Section __, __ Township (Town, City, District), __ County (City), and the building thereon, Building No. _____, and hereby designates _____ (National ID No. _____)
as the registered owner. The registered owner □ agrees □ does not agree to be jointly and severally liable for the debts owed by the Buyer under this contract.
Buyer: ________________ (Signature/Seal)
Registered owner: ________________ (Signature/Seal)
Date of signing: _____ (year) _____ (month) _____ (day)

Attachment 4: Confirmation of Assessment of Land Value Increment Tax at the Preferential Rate  The Seller claims the preferential self-use residential land rate for the assessment of land value increment tax. However, if the tax authority rejects the application, the Seller agrees to have the tax assessed and paid at the general rate. The above is confirmed to be correct.
Confirming party: ________________ (Signature/Seal)
Date of signing: _____ (year) _____ (month) _____ (day)

Model Contract for the Sale and Purchase of Existing Buildings: Notes on Signing
1. Scope of application: This model contract is provided for reference by consumers, business operators and the general public when buying or selling existing buildings.
An existing building in the preceding paragraph means a building for which a use permit has been obtained, or which was completed before building administration was implemented.
2. Meaning of sale: A sale is a contract whereby the parties agree that one party transfers a property right to the other party and the other party pays the price (Article 345 of the Civil Code). When the parties agree on the object and its price, the contract of sale is formed. Thus the purchaser is the party who pays the price, and the vendor is the party obliged to transfer the object. Private contracts commonly refer to Party A and Party B; so that the parties directly and clearly understand their position, rights and obligations, the purchaser who pays the price is called the Buyer, and the vendor who transfers the object is called the Seller.
3. Subject of the sale
(1) Because a contract must record many items, to prevent errors or omissions in filling it out, it is recommended that important documents such as the land use zoning certificate, copies of land and building ownership certificates (or register transcripts), the common portion schedule, the type and location of parking spaces, the separation-of-use agreement and the community rules be made attachments to this contract and deemed part of it.
(2) If the rooftop platform, statutory open space, terrace, etc. are agreed exclusive-use areas, this should be specially noted, and any separation-of-use agreement or community rules should be attached.
(3) Disputes often arise over whether the property includes illegal structures, air conditioners, furniture... or other fixtures and appliances. This model contract therefore provides a "Building Condition Confirmation" for mutual confirmation by the Buyer and Seller to prevent disputes.
(4) Buildings (fixtures, works) extended or added without legal application may still be the subject of a sale; however, the government-compiled model contract does not encourage the sale of illegal buildings, and therefore such matters are not expressly stated in the main text but are placed in the "Building Condition Confirmation."
(5) If the property has a defect that destroys or reduces its value or ordinary utility, the vendor bears legal warranty liability unless the parties have specially agreed to exempt it. To clarify responsibility for such defects, defects such as illegal structures and water leakage... are confirmed by the Buyer and Seller in the "Building Condition Confirmation."
(6) Where an owner has several exclusive units in a condominium and transfers only part of them (e.g., transfers one of two units), the size of the corresponding share of the site is, under Ministry of the Interior Letter Tai (85) Nei-Ti-Tzu No. 8578394 of February 5, ROC year 85, agreed by the parties themselves, but it may not be agreed as "zero" or "all." To prevent the Buyer's loan application being rejected by a financial institution because the site share is insufficient, the Buyer and Seller should check at signing whether the site share ratio is reasonable and appropriate, to protect the Buyer's rights.
(7) Because parking spaces are registered in different ways, at signing the parties should check how the parking space is registered and whether it carries a share of the site.
4. Agreeing the price
(1) This model contract illustrates separate pricing of land and building, which helps establish separate transaction price information for land and buildings; separate pricing also allows this contract to serve as the original acquisition evidence for property transaction income when the house is resold. If only the total price is stated, under Ministry of Finance rules the house transaction price on sale must be calculated in proportion to the announced current land value and the assessed current building value.
(2) Where the Seller is a legal entity, it shall state whether the building price includes or excludes business tax.
(3) If the property includes illegal construction, or the open space of a whole townhouse or the front and back yards of a ground floor are occupied, the parties may agree in advance on a price deduction, so that if the illegal construction is demolished before handover or the occupied part cannot be delivered for use by the deadline, the Buyer may deduct from the total price the value by which the property's utility is reduced.
5. Payment terms
(1) Under general transaction custom, the Buyer pays in four installments at signing, document preparation, tax clearance and handover, while the Seller simultaneously performs its corresponding obligations, unless the contract provides otherwise.
(2) Article 249, Item 1 of the Civil Code provides that "upon performance of the contract, the deposit shall be returned or treated as part of the performance." The first payment is therefore stated to include the deposit, to prevent disputes over whether the price includes the deposit.
(3) The periods for each payment and the corresponding counter-performance conditions are illustrative only; the parties may adjust them to actual needs, taking into account the principle of simultaneous performance.
6. Loan handling
(1) The Buyer should assess its own creditworthiness or first consult a financial institution about the loan amount.
(2) If the property is already subject to a mortgage, the Buyer and Seller should sign the attached "Confirmation of the Buyer's Assumption of Existing Loan" to clarify responsibility, and the Buyer should be reminded to take steps such as changing the debtor, to protect the Buyer's rights.
7. Transfer of ownership
(1) The tax basis and sale price affect the amount of taxes and fees, so the declaration date and declared price should be agreed in the contract.
(2) If the Seller claims the preferential tax rate, the Seller should first check whether the requirements for the preferential self-use residential land rate under Article 41 of the Equalization of Land Rights Act and Article 34 of the Land Tax Act are met.
8. Warranty liability
(1) Under Articles 348 to 366 of the Civil Code, the Seller shall remove any defect in title before the ownership transfer registration to ensure the Buyer fully obtains ownership and the right of use, and shall warrant that the property, when delivered, has no physical defect in value, utility or warranted quality.
(2) The parties may agree otherwise on warranty against defects in title and physical defects, but such agreement may not violate Article 366 of the Civil Code or other mandatory or prohibitory provisions.
9. Penalties for breach: The amount of the penalty may be negotiated by the Buyer and Seller at signing in light of social and economic conditions and the property market at that time, but may not be less favorable to the consumer than the Ministry of the Interior's "Mandatory and Prohibited Provisions for Standard Contracts for the Sale and Purchase of Existing Buildings."
10. Other agreements
(1) Where the Buyer or Seller makes a declaration of intent not in each other's presence in exercising rights and performing obligations under the contract, the declaration takes effect when the notice reaches the other party. For prudence, notice should be given by certified letter (存證信函) to facilitate proof of the time of arrival and avoid disputes.
(2) Special situations shall be handled under the relevant laws, regulations and procedures, for example:
1. Parents disposing of the property of their minor children.
2. A legal entity disposing of property.
3. Pre-emptive purchase rights under Articles 34-1, 104 and 107 of the Land Act.
11. Keeping copies of the contract
(1) Types of contract attachments include copies of ownership certificates, register transcripts, community rules, parking space separation-of-use agreements, etc. A business operator using this model contract shall explain the content and effect of the attachments to the consumer, and the consumer shall fully understand and confirm them, to prevent disputes.
(2) At signing, the contract terms must be reviewed carefully, and both parties shall sign or seal and write their household registration address and National ID number, to avoid harm to their rights.
12. Broker's signature: If the sale is handled through a real estate brokerage firm, the firm shall assign a real estate broker to sign this contract.
13. Verifying the identity of the signing parties: At signing, the true identity of each signatory shall first be verified, for example by presentation of a National ID card, driver's license or National Health Insurance card. Where a person with limited capacity or without capacity enters into the contract, the relevant provisions of the Civil Code shall apply.
14. Handling matters related to this contract
(1) The ownership transfer and related matters under this contract may be entrusted by the Buyer or Seller to the other party; or both parties may jointly or separately entrust a licensed land administration agent to act for them in applying for land (building) tax and registration matters.
(2) If the Buyer and Seller each entrust a licensed land administration agent, the agents can confirm, supervise and audit whether the transaction process is reasonable, protecting both parties' rights. Under Articles 26, 27, 36 Paragraph 2 and 37 of the Land Registration Rules, an application for land registration may be made through an agent, and, unless those Rules provide otherwise, shall be filed jointly by the right holder and the obligor. In other words, current law does not prohibit the Buyer and Seller from each entrusting a land administration agent for land registration and related matters, although the parties will incur additional service fees.
15. Collection, processing and use of personal data: Where the Seller collects, processes or uses the Buyer's personal data for the specific purpose of performing this contract, it shall do so under the Personal Data Protection Act. For uses outside the specific purpose, such as marketing, which by law require the Buyer's consent, the Seller shall clearly inform the Buyer of the other purposes and scope of use and the effect of consenting or not on the Buyer's rights, and the Buyer shall then make a separate declaration of intent.
16. Consolidated house and land income tax: Where a consumer buys a pre-sale house that becomes an existing building and then resells it, in filing the consolidated house and land income tax under the Income Tax Act, the holding period of that existing building does not include the pre-sale stage. Consumers with questions should consult the National Taxation Bureau for their place of household registration.