2. Look at its proportion in the area agreed in the contract. If it is less than 3%, it shall be settled according to the contract price. If it is less, you should return the overcharged house payment.
3. If the actual area exceeds the area agreed in the contract, and the error is within 3%, the excess part shall be calculated according to the actual increased area, and the owner shall pay the purchase price.
4. If the error is above 3%, the owner will only add 3% of the house price, and the developer will pay more than 3%.
5. If the actual area is less than the area agreed in the contract and the error is within 3%, the selling unit will return the actual reduced area.
6. If the error exceeds 3%, the owner has the right to request to return the house or return the actually reduced area.
Last July, Lee Hyo Ri (pseudonym) signed a house purchase contract with Qin Chi (pseudonym) through an intermediary company. Property ownership certificate shows that the building area of the house is 86.45438+0 square meters.
After seeing the house, Lee Hyo Ri decided to buy the house and signed a purchase contract with Qin Chi, stipulating that Lee Hyo Ri would buy the house under Qin Chi's name at a price of 3.5 million yuan.
After the house was transferred, Lee Hyo Ri was reminded by the decoration master that the area of this house might be wrong. Not only that, Lou's neighbors and property management companies also confirmed the housing problem. "I went to see the same apartment on the second floor and really lost a room."
But when Lee Hyo Ri asked Qin Chi, Qin Chi said that it was probably because of the large pool area on the first floor, which led to the small internal area of the house. The title certificate must be true and can't be wrong.
Lee Hyo Ri was not at ease, so he entrusted a professional surveying and mapping company to carry out surveying and mapping. Lee Hyo Ri was surprised by the surveying and mapping results. The actual area of the house is only 67.63 square meters, that is to say, she overpaid 18.78 square meters.
Lee Hyo Ri immediately submitted an application for area correction to the Bureau of Land and Resources. After surveying and mapping, the Bureau of Land and Resources renewed the real estate license of 67.63 square meters for Lee Hyo Ri. Holding a new real estate license, Lee Hyo Ri asked Qin Chi to refund the corresponding house payment, but Qin Chi refused.
Considering that Qin Chi deliberately concealed the fact that the housing area was missing, which caused great misunderstanding, Lee Hyo Ri sued Qin Chi to Fengtai Court, demanding the other party to refund the price difference of 760,000 yuan and the surveying and mapping fees. In addition, because the intermediary company did not truthfully inform the housing situation when providing services, it violated the obligation of loyalty, so it requested to refund the intermediary fee of more than 87,000 yuan.
Lawyer Ge Lei of Beijing Yingke Law Firm believes that the difference between the actual housing area and the registered area of the real estate license should be returned if the actual calculation is true.
In this case, the housing management department has actually confirmed that there is indeed an area difference of more than 18 square meters in the house purchased by Lee Hyo Ri, so it is justified for Lee Hyo Ri to sue Qin Chi for returning the difference in the purchase price. At the same time, Lee Hyo Ri can also ask Qin Chi to bear the corresponding liability for breach of contract.
Regarding the determination of the difference in the purchase price, lawyer Ge Lei said that in the process of second-hand housing transactions, it is very common for both parties to split the total house price into two parts: the house price and the house decoration price. In judicial practice, when trying such cases, the court will generally determine the amount of compensation that the defaulting party should bear according to the total house price, that is, the sum of the house price and the house decoration money.
Therefore, in this case, the base for calculating the purchase price difference should be 3.5 million yuan, and on this basis, the amount that Qin Chi should return can be calculated according to the area conversion.
Regarding the discrepancy between the registered area of the house and the actual area, the Supreme People's Court stipulated in the Interpretation of Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts,
If the actual delivery area of the house is inconsistent with the area agreed in the contract, if the absolute value of the area error ratio is less than 3%, the difference can only be made up; If it exceeds 3%, the buyer may terminate the contract and demand a refund of the house price and interest.
In the implementation of China's "housing reform" policy, lawyer Ge Lei said that in the distribution and purchase of public housing, the actual construction area of the transferred house is often inconsistent with the construction area registered in the real estate license. This includes dividing a part of a house and merging the divided parts into another house, or dividing a house into multiple families.
"The reason for this phenomenon is that when allocating or selling public housing to employees of state-owned units in accordance with the policy, the allocation of housing construction area will be based on factors such as the length of service and level of employees, so the actual construction area of housing obtained by employees will be inconsistent with the construction area registered on the real estate license." Lawyer Ge Lei said.
In view of this problem, lawyer Ge Lei suggested that before the house is put on the market for sale, the property owner should communicate with the original property unit in time and apply to the housing management department for re-mapping the construction area together with the original property unit.
After obtaining the property right certificate with the registered construction area consistent with the actual construction area of the house, it can be put on the market for sale, which can avoid disputes over the housing area and even lead to the consequences of being investigated by the buyer for breach of contract.
Legal basis:
Article 20 of the Measures for the Administration of Commercial Housing Sales: If the price is calculated according to the interior construction area or the construction area, the parties shall stipulate in the contract the way to deal with the error between the area agreed in the contract and the registered area of property rights. If there is no agreement in the contract, the following principles shall apply:
(1) If the absolute value of the area error ratio is within 3% (including 3%), the house price shall be settled according to the facts;
(2) When the absolute value of the area error ratio exceeds 3%, the buyer has the right to return the house. If the buyer cancels the house purchase, the real estate development enterprise shall return the paid house price to the buyer within 30 days upon the buyer's cancellation, and pay the interest on the paid house price at the same time. If the Buyer refuses to return the house, and the registered area of property rights is larger than the area agreed in the contract, the house price with the area error ratio within 3% (including 3%) shall be made up by the Buyer; More than 3% of the house price is borne by the real estate development enterprise, and the property right belongs to the buyer. When the registered area of property rights is less than the area agreed in the contract, the house price of the part with the absolute value of the area error ratio within 3% (including 3%) shall be returned to the buyer by the real estate development enterprise; The absolute value of the house price exceeding 3% shall be returned to the buyer by the real estate development enterprise twice. Area error ratio = (registered area of property rights-area agreed in the contract)/area agreed in the contract × 100% If the area difference is caused by the planning and design changes specified in Article 24 of these Measures, if the parties do not terminate the contract, they shall sign a supplementary agreement.