Coincidentally, recently, in Guangzhou, there have also been a series of disputes that the pool area has shrunk when the pre-sale commercial housing was delivered, affecting the interests of buyers. As the current real estate transactions are all based on the interior area, and the pool area does not calculate the unit price, it is often difficult for buyers to provide a strong basis for compensation when they find that the pool area promised by the developer has shrunk.
Complaining about water injection? Retreat and complain? Who is more bitter? !
Today's newspaper survey
Community: the swimming pool is filled with water, and the owner complains.
The concept of pool should not be underestimated.
Xiao Xu bought a well-known finely decorated serviced apartment in Shenyang, with an area of 73.86 square meters. But when he walked into the "home" door for the first time, he found that his home was definitely less than 73.86 square meters, and the visual estimate was about 50 square meters.
Xiao Xu was deceived, so he went to the developer "theory", but the result was unexpected.
The developer told Xiao Xu that the building area of the apartment he bought was 73.86 square meters, while the actual use area was 49.49 square meters, and the difference was the pool area.
Xiao Xu immediately felt cheated. But careful reflection, as the developer said, when signing the purchase contract, the developer clearly told him that the pool area of this apartment accounted for 33% of the total construction area. At that time, because I was eager to buy a house, I didn't know much about the concept of pool, so I perfunctory it.
Therefore, the final result Xiao Xu seems to be "unfair", but he is helpless.
Market decision of pool area
A few days ago, the reporter called the developer of the apartment purchased by Xiao Xu again. A sales girl surnamed Li told reporters that Xiao Xu was right, and there were many customers like Xiao Xu in the sales process.
She said that the pool area is directly proportional to the services and supporting facilities provided by the developers to the owners, such as whether there are scene bars, cafes, film and television halls, spacious elevators and corridors in the apartment. Some real estate pools are even around 50%.
Gong Chao, vice president of Greenhausen Real Estate Development Co., Ltd., also pointed out that there is no clear stipulation on which range the pool area must be controlled. However, according to the current real estate situation in Shenyang, the pool area of residential commercial housing is about 10%-25%. Because of the large public area in the building, serviced apartments generally share 27-33%, and some of them exceed 40%.
It is not difficult to judge that at present, the right to choose the pool area of housing is in the hands of developers, but the "hands are high and feet are low" of developers depends on the "face" of buyers. Therefore, frankly speaking, developers will not blindly increase the pool area in order to make the property sell well, and the size of the pool area ultimately depends on the affordability of buyers.
There are endless topics about billiards.
Knowing the proportion of pool, we have to consider two topics derived from pool: first, who owns the pool; Second, according to which area the owner pays the heating fee.
Regarding the first topic, Li Guo, the marketing director of Bailibao Real Estate Development Co., Ltd., said frankly that the pool area belongs to the owner. Generally speaking, developers can use the pool area to build some public welfare or paid service areas for owners, such as gymnasiums, situational bars, etc., but developers have no right to rent or sell them.
As to whether the owner should pay the heating fee according to the actual use area or the construction area, Wang Haocheng, general manager of Shenyang Liangce Real Estate Consulting Co., Ltd. pointed out that according to the current national regulations, the owner's heating fee is paid according to the construction area.
However, Gong Chao questioned this. He pointed out that at present, China's current national payment standard is an earlier provision, which gradually exposes its drawbacks with the passage of time. Because the construction area includes the pool area, and there are no heating facilities in public areas such as corridors, elevators, power distribution rooms and equipment rooms, it should be more reasonable for the owners to pay according to the use area of the house.
Obviously, once the dispute about pool is raised, it is difficult to have a clear statement, because there are some compromises and some improvements.
Out of town phenomenon
Shopkeeper: The swimming pool has shrunk and the facilities are incomplete.
In 2004, the buyer Huang signed a pre-sale contract with the developer and purchased the pavement on the first floor of a commercial center in Guangzhou, with a total area of 7.34 square meters, an interior area of 3.67 square meters and a pool area of 3.67 square meters. Paving is priced according to the interior construction area, and the unit price is RMB11628 per square meter, and the total amount is RMB 409,675. The contract also stipulates that the construction cost of the shared construction area between the public part of the pavement and the public house is included in the sales unit price of the interior construction area, and it is not priced separately.
After the payment was made by Huang, the Guangzhou Municipal Bureau of Land Resources and Housing Management issued the Property Ownership Certificate of the store, which stated that the building area of the store was only 5.97 19 square meters, and the interior building area was 3.6425 square meters. Huang believes that the developer should refund the purchase price, and pay a fine of * * * 14 yuan per square meter according to the total house price/total construction area in the pre-sale contract, as well as the share area and insufficient interior area agreed in the contract.
Developers believe that Article 5 of the Pre-sale Contract for Commercial Housing has clearly agreed to confirm the area and deal with the area difference based on the interior construction area. After the delivery of the commercial house, the error between the measured estimated area and the contract estimated area is 0.0275 square meters, and the developer can compensate according to the contract unit price, but is not responsible for the difference of the pool area.
After trial, both the court of first instance and the court of final appeal ruled that the developer should compensate Huang 3070 yuan according to the pre-sale contract between the original defendant and the defendant.
The reporter learned from the Guangzhou Intermediate People's Court that recently, such disputes over the pre-sale of commercial housing caused by the "shrinking" of housing pool area are increasing day by day, and most of them are concentrated in the sale of shops.
Ariadne line
The model text of commercial housing sales contract needs to be improved urgently
The reporter saw in the "Model Text of Commercial Housing Sales Contract in Guangdong Province" jointly issued by the Guangdong Provincial Construction Department and the Guangdong Provincial Administration for Industry and Commerce that for pre-sale houses, the text clearly stipulates that the price should be calculated according to the interior area. As for the difference between "pre-sale area" and "actual area", this paper only makes relevant provisions on "valuation area" and does not limit the pool area.
Lawyer Wang Shiping of Beijing Xinjie Law Firm believes that the implementation of indoor space is a kind of protection for buyers by the government. A few years ago, when signing a contract according to the construction area, developers often tampered with the pool area and secretly increased the pool area, which seriously damaged the interests of consumers. Therefore, they began to vigorously promote the indoor area, so that developers can use it. However, no pricing method can be perfect. As long as there are benefits, there are loopholes. To protect consumers' rights and interests in a more detailed and comprehensive way, we can only achieve it by increasing the terms and details of the contract.
Comprehensive Xinhua News Agency, Jinghua Times
Legal solution
Why is it difficult for buyers to get compensation?
Because there is a clear agreement in the purchase contract that the price is calculated according to the interior area, and only the error range of the developer's delivery of the "price area" is limited and compensated, it is difficult for the buyer to prove the developer's infringement or negligence, and it is also difficult to obtain a favorable judgment.
Gong Dejia, the presiding judge of the Real Estate Court of Guangzhou Intermediate People's Court, pointed out that the pool area promised by developers has shrunk, and the losses suffered by buyers are objective. People can't buy a house without two purposes: investment and use. The pool area is small. Although the appraised area remains unchanged, the total construction area on the property certificate will be reduced accordingly. At present, second-hand real estate transactions are mostly based on the total construction area. Therefore, the shrinking pool area will directly lead to the reduction of the exchange value of real estate.
On the other hand, among the accepted disputes, the shrinkage of the pool area of shops is the most common. For shops, spacious public passages and perfect public facilities are important indicators of the grade and value of the venue. The shrinkage of pool area is actually the shrinkage of grade and value, which affects both use value and exchange value.
(The above answers were published on 20 17-09- 12. Please refer to the actual situation for the current purchase policy. )
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