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First of all, correct the statement that "now the measured area exceeds 10,444 yuan when the house is delivered, and the conversion exceeds the square", the measured area is the area, not the excess house price. The excess room rate is calculated by multiplying the excess area by the original unit price of the property. The original statement was that cause and effect were reversed.
If the original contract has been agreed to clarify that the floor area of the commercial building is: square meters, the unit price of the sale is: yuan square meters, and the total amount is:
If it is RMB 212,230, the actual measured area exceeds the square meter, that is, the actual area of the commercial house is square meters; If calculated based on the unit price of the original sale, the total price of the commercial house should be: 222,674 yuan.
Compared with the square meter of the commercial building that has been specified in the original contract, the area error is: +; The room rate also exceeds the total original room rate: +; If the seller bears the condition that "the seller shall bear the price of more than 3% of the house as stated in the contract", you can negotiate with the developer to settle it.
The point is that there are two interpretations of the sentence beyond 3%:
1. Error accuracy The developer believes that the quality control of their products is very sure, and the area error is very small and will not exceed 3%.
2. The limit of responsibility is not liable within 3%, and only if it exceeds 3%. Then the developer will only bear the excess, in other words, only the meta premium.
I wonder if the above statement is helpful to you?
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According to your house, exceed, divide by this number, equals.
There are three ways to calculate the area in the contract terms.
The first is that the part that exceeds 3%, that is, the area that you say, is given to the owner by the developer. You'll have to pay for that 3%.
The second type is priced according to the set, no matter how much the area exceeds or decreases, the excess is refunded and the deficiency is made up according to the unit price.
Third, other cases.
See how you signed the contract.
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Area error ratio = (property right registration area - contract area) contract area * 100% If there is no special agreement in the contract, it shall be handled in accordance with the following principles:
The absolute value of the area error ratio.
within 3% (inclusive), the house price shall be settled according to the facts;
If the area error exceeds 3% of the absolute rental value, the buyer has the right to vacate the property. If the buyer moves out, the real estate development enterprise shall, within 30 natural days from the date of the buyer's request to move out, refund the price paid by the buyer to the buyer, and pay interest on the price paid;
If the buyer does not move out if the absolute value of the area error ratio exceeds 3%, the buyer shall make up the part of the house price if the area registered in the property right is greater than the area agreed in the contract; The real estate development enterprise shall bear the part of the house price exceeding 3%, and the property right shall belong to the buyer. When the registered area of the property right is less than the area agreed in the contract, the real estate development enterprise shall return the house price to the buyer for the part of the area error ratio within 3% (inclusive) of the value of the absolute banquet; The part of the house price exceeding 3% of the absolute value shall be returned to the buyer by the real estate development enterprise in double.
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Summary. Hello, about this issue. According to the contract, if the developer builds a house and sells it to the customer, if it is found to be more than 3% during the final surveying and mapping, even if the contract is signed, the customer has the right to move out, and the developer's reputation and profit cannot be guaranteed.
Temporary fire-fighting facilities and sufficient fire-fighting equipment must be set up in various places on the construction site. Clean up flammable debris in time to ensure that the evacuation channel is unblocked, and the construction site should have a distribution plan of fire-fighting equipment and hang it in an obvious place on the site.
Hello, about this issue. According to the contract, if the developer builds a house and sells it to the customer, if it is found to be more than 3% during the final surveying and mapping, even if the contract is signed, the customer has the right to move out, and the developer's reputation and profit cannot be guaranteed. Various places on the construction site must be equipped with temporary fire-fighting facilities and sufficient fire-fighting equipment.
The letter should be prepared to clean up flammable debris in time to ensure that the evacuation channel is unblocked, and the construction site should have a fire-fighting equipment distribution plan, which should be hung in an obvious place on the site.
Reasonably determine the frequency of inspections according to relevant regulations and project characteristics, and make time arrangements. For the potential safety hazards found in the inspection, the construction unit shall be ordered to rectify in a timely manner, and the implementation of the rectification shall be tracked. When necessary, inform the relevant parties of the situation to ensure that the implementation of the measures is timely and effective.
The construction plan of the project is the key to it, directly affecting the success or failure of the budget price and bidding, and the bidding unit should be based on the on-site inspection situation, and the preliminary plan is calculated and compared. to determine a reasonable and economical solution. The construction schedule should be arranged at least 10 days in advance of the time set by the owner in order to obtain the bonus points before the construction period is submitted for inspection in the bid review.
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When the error of the area of the house banquet exceeds 3%, the buyer can choose to terminate the contract, and the seller will return the purchase price and interest paid; If it does not exceed 3%, it can be decided whether the buyer will make up or the seller will bear it independently, or the seller will return it and double the return according to the area error ratio and the agreed **.
[Legal basis].Article 20 of the Administrative Measures for the Sales of Commercial Housing.
If the price is calculated according to the construction area or construction area of the family in the suite, the Sui Chi person concerned shall specify in the contract the method of dealing with the error between the area agreed in the contract and the area registered in the property right. If there is no agreement in the contract, it shall be handled in accordance with the following principles:
1) If the absolute value of the area error ratio is less than 3%, the house price shall be settled according to the facts;
2) If the area error exceeds 3% of the absolute value, the buyer has the right to move out. If the buyer moves out, the real estate development enterprise shall, within 30 days from the date on which the buyer proposes to move out, refund the price paid by the buyer to the buyer, and pay the interest on the price paid. If the buyer does not move out, if the registered area of the property right is greater than the area agreed in the contract, the buyer shall make up the price of the part of the house price within 3% of the area error ratio; The real estate development enterprise shall bear the part of the house price exceeding 3%, and the property right shall belong to the buyer.
When the registered area of the property right is less than the area agreed in the contract, the real estate development enterprise shall return the house price to the buyer for the part of the absolute value of the area error ratio within 3%; The part of the house price exceeding 3% of the absolute value shall be returned to the buyer by the real estate development enterprise in double.
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Legal Analysis:1If the absolute value of the area error ratio is within 3% (including 3%), and the settlement is based on the facts in accordance with the ** agreed in the contract, and the buyer's request to terminate the contract shall not be supported;
2.The part of the house price within 3% (including 3%) shall be made up by the buyer according to the celebration and according to the agreement, and the seller shall bear the part of the house price where the area error ratio exceeds 3%, and the ownership shall belong to the buyer;
Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commodity Housing" Article 14 Where the floor area or floor area of the house suite, delivered by the seller is inconsistent with the area agreed in the contract for the sale and purchase of commercial housing, and there is an agreement in the contract, it shall be handled in accordance with the agreement; If there is no agreement in the contract or the agreement is not clear, it shall be handled in accordance with the following principles:
1) If the absolute value of the area error ratio is within 3% (including 3%), and the settlement is based on the facts in accordance with the provisions of the contract, and the buyer's request to terminate the contract shall not be supported;
2) If the area error exceeds 3% of the absolute value, and the buyer's request to terminate the contract and return the purchase price and interest paid shall be supported. If the buyer agrees to continue to perform the contract, and the actual area of the house is greater than the area agreed in the contract, the buyer shall make up the price of the house price within 3% (including 3%) of the area error ratio within 3%, and the seller shall bear the price of the house price if the area error ratio exceeds 3%, and the ownership shall belong to the buyer; If the actual area of the house is less than the area agreed in the contract, the seller shall return to the buyer the price and interest for the part of the area error ratio within 3% (including 3%), and the seller shall return the house price to the buyer twice as much as the part of the area error ratio exceeding 3%.
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Legal analysis: if there is an error in the area of the house, the buyer can choose to terminate the contract, and the seller will return the purchase price and interest paid; The buyer can also continue to perform the contract, and decide whether the buyer will make up or the seller will bear it independently or the seller will return and double the return according to the area error ratio and the agreed **.
Legal basis: "Interpretation of Guan Yutan on Several Issues Concerning the Application of Law in the Trial of Cases of Disputes over Commercial Housing Sales Contracts" Article 14 (1) If the absolute value of the area error ratio is within 3% (including 3%), and the settlement is based on the facts agreed in the contract, the buyer's request to terminate the contract shall not be supported; 2) If the area error exceeds 3% of the absolute value, and the buyer's request to terminate the contract and return the purchase price and interest paid shall be supported. The buyer agrees to continue to perform the contract, and if the actual area of the house is larger than the area agreed in the contract, the buyer shall make up the price of the part of the house price within 3% (including 3%) of the area error ratio in accordance with the agreement, and the seller shall bear the part of the house price with the area error ratio exceeding 3%, and the ownership shall belong to the buyer; If the actual area of the house is less than the area agreed in the contract, the seller shall return to the buyer the part of the house price and interest for the part of the area error ratio within 3% (including 3%), and the seller shall return the house price to the buyer twice the part of the area error ratio exceeding 3%.