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According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts
Article 14 Where the floor area or floor area of the house unit 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 in 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 if 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 in accordance with the agreement, and the seller shall bear the price of the house price exceeding the 3 part of the area error ratio, 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 double the price of the house price for the area error ratio exceeding 3 parts.
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If the area error is less than 3%, it is within the scope of the law, and the extra money usually needs to be supplemented.
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This is indeed subject to the area verified on the final real estate certificate, and the developer can ask for additional money, but because the number of areas you have is too small, you can negotiate with the developer to reduce it.
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If the area is smaller than the contract, a refund is required. If the area is larger than the contract, the buyer needs to make up the money. It all depends on the contract and the size of the actual area.
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If the area of the store is indeed larger than the area on your purchase contract, then you will definitely have to pay the difference, which is also reasonable.
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Based on the area of the real estate certificate, if there is more than the area at the time of signing the contract, the money should be paid.
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If the actual area is greater than the area registered in the real estate certificate, then you will have to pay the difference.
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I also wondered, the extra area, should be notified to the owner before moving in, 13 square meters larger, some people must have to check out. The surveying and mapping report came out long before the house was delivered, and the real estate company was not authentic. You should communicate well.
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First of all, look at the agreement of the contract, and if there is an agreement, handle it according to the agreement.
Secondly, if there is no agreement in the contract, it shall be handled according to the following methods: (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) If the area error exceeds 3 in 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 with an area error ratio of less than 3 (including 3); The real estate development enterprise shall bear the price of the house in excess of 3 parts, 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 if the absolute value of the area error ratio is within 3 (including 3); If the absolute value exceeds 3 parts, the real estate development enterprise shall return double the amount of the house price to the buyer.
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Residential or commercial? Are you the only residential? First home or multiple homes? First-hand or second-hand house. The deed tax of the first house of the first-hand house is 1%, and the maintenance ** of one square meter ranges from 50-150 depending on the area. The deed tax on business is 3%, and the same is true for repairs.
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To apply for a real estate certificate, you should first pay the deed tax and maintenance**, and you can ask how much it costs.
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Personally, I think that whether you need it or not, this should be carried out in accordance with the real estate sales contract.
Because, if you buy a private property, if you sign a contract for the sale and purchase of a house, does the contract specify the total price of the property to be purchased, or whether it is based on the floor area multiplied by the unit price. The former does not need to make up the area difference; The latter should make up the difference.
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Since this kind of problem has been traded, I think the two of you should negotiate and deal with it, and if it was bought according to the set at that time, there is no need not to sign.
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The private homeowner did not let the payment not be paid.
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Buy an apartment building of 45 square meters and the title deed depends on your percentage of the total cost.
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It depends on whether the friend is the first or second home in the local area, whether it is a new house or a second-hand house? Some places have different regulations, so I suggest that my friends consult with the land management department and the housing management office.
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If the difference is too big, it is a developer contract fraud, find the developer theory, the difference is too big, the funds are not a small amount, it is a deceptive behavior.
Yes, I am Mr. Gong Ruifu from Anyang Taikang Life Insurance, I hope to help you, thank you!
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