When there is an error between the pre-sale area and the actual area, what should the buyers do? What is the acceptable error range? Can I file a lawsuit and how to protect my rights and interests as much as possible? In this case, we should discuss this problem from two aspects!
Situation 1: Error ≤3%
At the beginning of 20 15, Ms. Liu bought an auction house in Chongqing at a unit price of 10000 yuan/square meter. Ms. Liu signed a house purchase contract with the developer, and both parties agreed in the house purchase contract that the pre-sale area of the house is 90 square meters.
In the middle of 2065438+2006, the developer informed Ms. Liu to hand over the house, and Ms. Liu found that the actual area of the house was 92 square meters, 2 square meters more than the pre-sale area. Ms Liu wants to know how to deal with the area error.
In this case, "according to the relevant provisions of the Measures for the Administration of Commercial Housing Sales, if there is an error between the actual area of the house and the pre-sale area, if there is an agreement in the contract, it shall be handled according to the contract; If the contract is not stipulated or clearly stipulated, it shall be handled in accordance with relevant regulations. The absolute value of the area error ratio does not exceed 3%, and the house payment of the error area is refunded more and replenished less. "
Therefore, in the above example, since the absolute value of the area error ratio does not exceed 3% and the actual area is larger than the pre-sale area, Ms. Liu needs to pay 60,000 yuan to the developer.
Case 2: Error > 3%
On October 20 14, Mr. Zheng bought an auction house in Beijing with a unit price of 30,000 yuan/square meter. Mr. Zheng signed a house purchase contract with the developer, and the two sides agreed in the house purchase contract that the pre-sale area of the house is 95 square meters. On 20 15, the developer informed Mr. Zheng to hand over the house, and Mr. Zheng found that the actual area of the house was 90 square meters, which was 5 square meters less than the pre-sale area. Mr. Zheng didn't ask to check out. He wants to know how to deal with the area error.
According to the relevant regulations, the following principles should be followed when the buyer and the seller have not agreed on the treatment method of area error in the house purchase contract. When the absolute value of the area error ratio exceeds 3%, the buyer has the right to return the house. If the purchaser proposes to return the house, the developer shall return the house payment paid by the purchaser to the purchaser within 30 days from the date when the purchaser proposes to return the house, and pay the house payment interest at the same time.
For buyers who do not return a house, they should be dealt with according to the different situations of area error. If the actual area of the house is larger than the pre-sale area, the part of the house price with an absolute area error ratio of less than 3% shall be made up by the purchaser; More than 3% of the house price is borne by the developer, and the property right belongs to the buyer. If the actual area of the house is less than the pre-sale area, part of the house price with an absolute area error ratio of less than 3% shall be returned by the developer to the purchaser; The absolute value of the area error exceeds 3%, and the house price is returned to the purchaser twice by the developer.
Buying a house is a big deal! So what do you need to pay attention to when buying pre-sale commercial housing? Bian Xiao lists them for everyone!
First, check the pre-sale permit of commercial housing before purchase.
The purpose of the pre-sale permit is to protect the interests of consumers and standardize the documents for developers to pre-sell commercial houses under construction. Only the commercial housing that has obtained the pre-sale permit is the house that is allowed to be pre-sold according to law.
The second is to be good at signing contracts that are beneficial to you.
When the pre-sale area of the pre-sale house is inconsistent with the actual area at the time of delivery, if the actual area is smaller than the pre-sale area, the developer shall return the reduced area; If the actual area exceeds the pre-sale area, the customer will still pay according to the pre-sale area. For such conditions, customers should strive for it and write it into the contract. In addition, such as delivery date, gas opening date, decoration degree, public parts, building materials brand, elevator brand, etc. , can be specified in detail in the contract, and can sign the corresponding default clause.
Third, when buying, you must look at the floor plan and engineering drawings of the house.
The plane sketch can only provide the indoor plane pattern, so you need to know the truth of the indoor space layout. In the living room, try to avoid complicated beams and columns. Sometimes the 2.9-meter living room is difficult to decorate because the big beam passes through and the clear height at the bottom is less than 2.2 meters, so the space is very depressed. For this kind of problem, before signing the pre-sale contract, you'd better borrow the engineering blueprint from the developer or find a better real estate agent to consult on your behalf. Consumers who buy the top floor of the building should pay attention to whether heating return pipe and solar tubes will bring a lot of trouble to the decoration.
(The above answers were published on 20 17-02-23. Please refer to the actual situation for the current purchase policy. )
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