Is it okay not to buy if there is an area error when delivering the house?

For new houses, the area error is bound to have, because from the construction to the delivery, the area has been measured, and finally the area on the contract for the sale and purchase of commercial housing shall prevail, during the period when the contract is scheduled to be signed, the area will be changed, unless there is a real problem with the house, or a personal problem, otherwise the normal situation of the area error can not be checked out.

If the absolute value of the area error exceeds 3%, you can request a re-settlement, and you can ask to check out. If you don't check out, you can ask for compensation.

The error stipulated by the state is not greater than plus or minus 3 square meters, and the excess can be checked out, not exceeding just one or two flat non-returnable, and the total purchase price is more than the refund is less to make up!

The answer is yes. However, the error of the area should be more than 3%, and the "Real Estate Measurement Specification" has clear provisions for the error of the real estate area: if the measured area is greater than the pre-sold area, more than 3% of the buyers can ask to move out, and the developer needs to refund the arrears and interest within 1 month.

If you don't check out, you can pay 3% of the error room payment, and you don't need to pay for the rest of the excess.

Generally, no, but depending on the purchase contract you signed at the time, many developers can ask for compensation for the price difference.

If the measured area is less than the pre-sale area, in this case, if the area error is within 3%, the buyer can get the corresponding compensation. If it exceeds 3%, you can also ask to move out, and the developer will refund the arrears and interest within 1 month. If you do not move out, the developer will compensate for the original price of the area within 3%, and double the compensation for the part exceeding 3%.

Generally, most of the houses that have been bought before are off-plan houses, and when the house is delivered, the house will **will**, and the general customer will not return the house, unless there are special circumstances!

If the area error is within 3%, the buyer will either make up the price difference or get the corresponding compensation. So there are also conditions when you check out.

First of all, it is necessary to see whether the contract has been signed, and in the case of many errors, you can communicate with the seller to terminate the contract, or close the contract according to the real area, if the communication is not good, find the intermediary company to verify, and ask for help to communicate with the seller, this method is not feasible in the case of a lawsuit.

Because the measurement of floor area is standardized, the measurement results of professional and unprofessional may vary greatly. Therefore, the area on the property ownership certificate shall prevail.

Errors are allowed, but only within certain limits. Conditions for refusal to hand over the house:

1. Refusal to accept the house conditions: 1. Failure to obtain the "Residential Quality Assurance Certificate", "Residential Instruction Manual", and "Completion Acceptance Record Form";

2. The developer delays the delivery of the house for no reason than agreed in the original contract, and the house is delivered more than three months after being urged by the buyer;

3. Refusal to accept the house conditions, the developer changes the structure of the house and the supporting environment agreed in the contract without the approval of the relevant departments;

4. Refusal to accept the house conditions, the developer has changed the structure of the house without the approval of the buyer;

5. If there is no agreement in the contract, and the actual delivery area of the house exceeds 3% (excluding 3%) of the absolute value of the error ratio specified in the original contract, the house can be refused and the purchase contract can be terminated;

6. The quality of the main structure of the house is indeed unqualified after being verified by a qualified quality inspection agency;

7. Refusal to accept the house conditions, housing quality problems seriously affect the normal residential use;

8. Refusal to accept the house conditions, do not have the premise that the roads in the community are unobstructed, and the water, electricity, gas and heating have been connected;

9. Refusal to accept the house conditions, unable to provide qualified surveying and mapping part of the measured data of the housing area.

According to the agreement of the contract for the sale and purchase of commercial housing, if the measured area and the agreed area have an error within plus or minus 3, you can refund more and make up for the less according to the purchase at that time. However, if it is more than 3, you have the right to ask for a check-out, or if it exceeds 3, the developer will pay for it, and if it is less than 3, the developer will refund it twice.

When buying a house, you will encounter a variety of problems, among which you may encounter the problem of area error. For buyers, it is usually believed that the construction area of the house is based on the real estate certificate, and it is clear that "the real estate certificate shall prevail", and there will be no risk, but there are many cases of area errors when the actual delivery of the house, how to produce the area error when handing over the house? What should I do if I encounter an area error in the delivery of the house?

1. Causes of area error.

1. The measured area is different from the contract area.

When signing the purchase contract, the area of the house will be indicated in the contract, and when the house is inspected, according to the measured area of the house, the area error between the two should not exceed 3. The area error includes more and less, and some of them are inconsistent with the construction area agreed in the pre-sale and sales contract of the commercial house at the time of delivery.

2. The size of the shared area is different.

As the shared area increases, the building area in the suite will inevitably decrease, so some buyers think that the error in the area of the house is actually related to the size of the shared area. Errors in any of these area components are called area errors and will result in losses for home buyers.

2. What should I do if I encounter an area error?

Generally speaking, in the contract for the sale and purchase of commercial housing, if there is an agreement on the handling of area errors, it shall be handled according to the agreement. If there is no agreement, it shall be handled according to the following principles:

1. The error is less than 3

If the error ratio of the actual measured housing area is within 3 (including 3), it shall be settled according to the actual settlement according to the contract agreement. If the buyer requests to terminate the contract as a result, the court will not support it.

2. The error is greater than 3

If the actual measured area of the house exceeds 3, the court may support the buyer's request to terminate the contract and claim a refund of the paid house price and compensation for the loss of interest.

In addition, if the area error ratio exceeds 3, but the buyer does not request to terminate and is willing to continue to perform the contract, the actual area of the house is greater than the area agreed in the contract within 3 (including 3) of the house price by the buyer according to the agreed **; The price of the house in excess of 3 is borne by the developer; The house price and interest of the part of the area error ratio within minus 3 (including 3) shall be returned to the buyer by the developer, and the house price of the area error ratio exceeding the minus 3 part shall be returned to the buyer by the developer twice.

3. How to prevent losses caused by area error?

1. When the contract is signed.

Buyers must learn to protect their interests through clauses in the purchase contract.

1) In order to prevent losses caused by area errors, the area clause should be clearly written in the contract to clarify the actual area of the house;

2) In order to prevent losses caused by area errors, clarify the shared area;

3) In order to prevent losses caused by area errors, it is necessary to clarify the responsibilities of the defaulting party.

2. When the house is inspected and closed.

In order to prevent losses caused by area errors, buyers should ask the developer to issue a "Surveyed Area Mapping Report" when inspecting and closing the house. The measured area is then compared with the contracted area. If the developer cannot provide the "Measured Area Mapping Report", the buyer should refuse to take possession of the house.

At the moment when housing prices are so high, if buyers find that there is an error between the area of the house and the area when they buy, presumably this is a situation that everyone is unwilling to face, no matter how much or less the area is, it will always delay more time to negotiate and solve the problem, but the error is bound to exist, just to say how much of the problem, then we have to know more about how to solve the area error, Xi Yuan today will talk about the delivery area of the error what to do?

1. The absolute value of the error is 3%.

Under normal circumstances, the house is not as accurate as the experiment in the construction process, so there will be a certain error in the area of the house after the construction, as long as the error of the house area is less than plus or minus 3% is normal, so we should pay attention to confirm the area when inspecting the house, and the buyer and seller should calculate according to the facts, and then refund more and make up for less. However, it should be noted that if the buyer requests to terminate the contract on this basis, then the court will not support it.

2. The absolute value of the error is 3%.

If the error of the house area is found to be a bit large during the house inspection, and it has exceeded the plus or minus 3% area, it is necessary to solve the problem in two situations.

1) Lack of area.

Now the house price is so expensive, many places are more than 10,000 yuan per square meter, if the area is missing a lot, it directly affects their own interests, if the house inspection found that the purchase of the house area error is greater than 3%, the buyer can ask to check out, the developer in the buyer to terminate the contract, within 30 days to return the purchase price and interest. If the buyer does not check out, the developer will return the payment within 3% (including 3%), and the part of the payment exceeding 3% will be doubled.

2) Area increase.

If the area is increased, then for the buyer, the situation is much better, and the buyer can choose to check out or pay the extra part of the area difference to solve the problem. In this case, the buyer can request to move out, and the developer will refund the purchase price and interest within 30 days after the buyer proposes to terminate the contract; Or the buyer needs to make up the purchase price within 3% of the error of the chain, and the developer shall bear the payment for more than 3% of the area, and the property right belongs to the buyer.

Errors in the size of the house are in breach of contract. The seller shall deliver the house according to the area agreed in the contract, and if the area error exceeds 3%, the buyer can choose to terminate the contract, and the seller will return the purchase price and interest paid; If the area error does not exceed 3%, it can be decided according to the area error ratio and the agreed ** that the buyer will make up or the seller will bear it independently, or the seller will return it and double the return.

First, how to deal with the attack group when the area is large when the house is delivered.

If there is a deviation between the area at the time of delivery and the area agreed in the contract, if the buyer and seller have an agreement in the contract, it shall be handled in accordance with the agreement in the contract. If the parties do not agree, the following principles may apply:

1. If the error value is 3, the settlement shall be settled according to the agreement, and when the buyer applies for termination of the contract, the court will not support it;

2. If the error value exceeds 3, the court shall support the request to terminate the contract when buying a house.

2. How to deal with the basement of the purchase contract when buying a house and transferring ownership.

According to the law, both the above-ground part of the house and the basement as the underground part are qualified to become the object of property rights, and they can exercise their rights separately without involving the other party. Contradictions and solutions: (1) Disputes over overdue delivery of housing:

As long as it does not constitute force majeure, the seller should be liable. (2) Disputes arising from the lack of ownership certificates: The buyer may request to terminate the contract.

3) Disputes over the sale of one house and two houses: the party has the right to terminate the contract. (4) Housing quality disputes:

3. What should I do if the area of the purchase contract does not match the area on the real estate certificate?

If the contract area is inconsistent with the real estate certificate during the real estate transaction, the error does not exceed 3% when the house price is settled, and the buyer can choose to terminate the contract when it exceeds 3%, and the seller will return the purchase price and interest paid.

Article 20 of the Administrative Measures for the Sales of Commercial Housing.

If the price is calculated according to the area or construction area of the building in the suite, the parties 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.