Case playback:
In April this year, Xiao Li found that the new house to buy a house was only 2.75 meters from the ground to the ceiling, and the developer had promised to be 3 meters high. Another 29 buyers in the same situation as Xiao Li sued the developer in the local court, demanding compensation of 1 000 yuan per household.
The plaintiff's attorney said that the agreement on the height and net height in the commercial housing sales contract was "the distance between the central axis and the central axis is 3 meters", and the developer was required to pay compensation because it was not clearly stipulated in the contract that the distance between the central axis and the central axis was 3 meters.
According to the developer, the contract clearly stipulates that the clear height refers to the vertical distance between the floor (or ground) and the upper floor (or ground); The distance of the central axis refers to the distance from the center line of the bottom floor to the center of the top floor. The actual distance between the central axes of these houses is 2.95 meters, which is a reasonable error.
Court trial:
The court held that "the distance from the central axis" is the height of the building, not the clear height. At the same time, there is no liability for breach of contract for height and clear height in the contract. The height of the house delivered by the developer to the buyers has reached the national mandatory standard and passed the planning acceptance. However, considering that the height of the building stipulated in the contract is less than 0.05 meters, it may affect the comfort of the buyers, and the developers should make some compensation.
The court finally ruled that the developer compensated each household for more than RMB 1000, and rejected other claims.
Lawyer analysis:
Lawyers said that the relationship between indoor clear height and floor height can be expressed by a formula: floor height = indoor clear height+floor thickness. There is a high-level meeting agreement in the commercial housing sales contract. Many property buyers measure the indoor clear height at the time of acceptance, ignoring the floor thickness, which leads to misunderstanding. Generally speaking, the floor thickness of commercial housing is12cm to15cm.
Possible problems in buying a house:
1, how to calculate the bay window area?
Q: The salesperson said that the bay window of their home should be included in the interior area. Is this reasonable?
Answer: According to the detailed rules, when the clear height of the bay window is greater than or equal to 2 2. 10/0m, the distance between the windowsill table and the floor of the room is less than or equal to 0.3m, and the distance between the window and the external wall of the house is greater than or equal to 0.5m, the horizontal projection area of the part of the bay window protruding from the external wall shall be included in the interior area. In addition, bay windows are not included in the calculation of indoor area.
2. How to calculate the discount price of group purchase?
Q: If you take a fancy to a house with a price of 654.38+00,000 yuan, the developer will offer a group purchase discount, and pay 654.38+00,000 yuan to 50,000 yuan, and then give a 10% discount. I calculated that the discount I enjoyed should be 960,000× 0.9 = 864,000 yuan, but the seller calculated that it was more than 1 0,000 yuan.
Answer: As an example, the general calculation method of buying a house by group purchase is: (100-5) × 0.9+1= 865,000 yuan. In group buying activities, developers should mark ambiguous terms in bold or bold type in supplementary contracts, and fulfill the obligation of prompting. After the property buyers read and sign clearly, both parties shall implement the contract.
3. How to calculate the balcony area?
Q: Should the balcony area be calculated as half of the interior area?
Answer: According to the detailed rules for the calculation of housing area, the fully enclosed balcony is calculated according to the whole area, and the non-enclosed balcony is calculated according to the half area.
4. Is the hardcover room equipped with furniture and appliances?
Q: Is the hardcover room a room where you can stay with a bag? Why did you find that the home appliances in the original model room were gone after you checked in?
A: Hardcover room is not equal to carrying a bag, which belongs to the value-added service in the later period of commercial housing. Property buyers and developers signed a commercial housing purchase contract, but also signed a supplementary contract, the contract will clearly define the supporting projects of hardcover housing. Some hardcover rooms will not provide supporting facilities such as furniture and home appliances except basic decoration. When signing a supplementary contract, buyers should read the terms of the contract clearly. At the same time, the model room of hardcover room is not necessarily the final effect of hardcover room. Many developers will indicate in the supplementary contract: "Model houses will not be the only standard."
(The above answers were published on 20 15- 10-25. Please refer to the actual situation for the current purchase policy. )
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