Is it legal to write that the purchase contract has an error in the construction area within six per

1. If the law does not stipulate the maximum provisions, the Judicial Interpretation of the Supreme People's Court on the Trial of the Sale and Purchase of Commodity Housing has clear provisions on the area: Article 14 If the floor area or construction 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;

2. 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 buyer requests to terminate the contract in accordance with the actual settlement as agreed in the contract, it shall not be supported; (2) If the area error exceeds 3 in absolute value, 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.

If it is not lawful, the state law is to make up the price difference within 3%, and the seller shall bear the price difference beyond 3%.

It is not legal to need to refund more and make up less.

Legal analysisIf the error in the area of the house exceeds 3%, the agreed method of handling it is that the provisions on the refund of the excess and the compensation for the deficiency come from the provisions issued by the Supreme People's Court, and the floor area or construction area of the house unit delivered by the seller is inconsistent with the area agreed in the contract for the sale and purchase of the commercial house, 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 shall be 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, 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.

If the buyer fails to obtain the certificate of ownership of the house within the following time limits due to reasons attributable to the seller, the seller shall bear the liability for breach of contract unless otherwise agreed by the parties: (1) the time limit for the registration of the ownership of the house as stipulated in the contract for the sale and purchase of commercial housing; (2) If the subject matter of the contract for the sale and purchase of commercial housing is a house that has not yet been completed, it shall be 90 days from the date of delivery of the house; (3) If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, 90 days from the date of conclusion of the contract. If the contract does not stipulate liquidated damages or the amount of losses is difficult to determine, it may be calculated according to the total amount of the purchase price paid and with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China.

Legal basisMeasures for the Administration of Commodity Housing Sales

Article 15 The parties shall agree in the contract for the sale of commercial housing on the matters specified in the advertisements and promotional materials for the sale of commercial housing issued by real estate development enterprises and real estate intermediary service agencies.

Article 16 When selling commercial housing, the real estate development enterprise and the buyer shall enter into a written contract for the sale and purchase of commercial housing. The contract for the sale and purchase of commercial housing shall specify the following main contents: (1) the name or name and address of the parties; (B) the basic condition of commercial housing; (C) the way of sale of commercial housing; (4) The method of determining the price of the commodity and the total price, the method of payment, and the time of payment; (5) The conditions and date of delivery and use; (6) Commitment to decoration and equipment standards; (7) Commitments for the delivery of supporting infrastructure and public facilities such as water supply, power supply, heating, gas, communications, roads, and greening, as well as related rights and responsibilities; (H) the ownership of public supporting buildings; (9) the way in which the area difference is handled; (10) Matters related to the registration of property rights; (11) the method of dispute resolution; (12) Liability for breach of contract; (13) Other matters agreed upon by both parties.

It's not legal, it goes beyond the relevant regulations of the state, and I remember that the allowable error of the state regulations is.

This is an unspoken rule of the industry, which belongs to the overlord clause, which infringes on the legitimate rights and interests of consumers, so it is illegal.

Since there is such a clause in the supplementary agreement of your purchase contract, and you have signed and agreed, then there is no way, then it will be executed according to the contract, and you will agree to it yourself.

It is recommended to consult a lawyer, otherwise you will look at the relevant legal provisions of the contract law by yourself, and I personally feel that it is not legal, so it is better to learn more!

The contract is the law, and you have to recognize it when you sign the contract.

If 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, 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 part of the area error ratio exceeding 3%.

Therefore, if there is an area error in the commercial house, and the buyer needs to check out, it is necessary to determine whether the area error ratio exceeds 3%, and if it is exceeded, he can apply for check-out.

1. How to check out for buyers.

If the buyer wants to move out, and the buyer and the seller terminate the contract, cancel the contract, or declare the contract invalid and move out through agreement, judgment or arbitration, the following procedures shall be followed.

Step 1: The buyer sends out a notice to move out. If the buyer requests to move out, he or she can submit it to the developer by letter, fax or form.

Step 2: Complete all kinds of formalities. The developer shall refund all the housing payments made by the buyer, and shall be responsible for all the procedures for the cancellation or termination of the contract between the buyer and the bank that has made the loan.

Step 3: The developer refunds the payment. The developer shall return the full purchase price to the buyer after the buyer sends a notice to move out, and complete the repayment procedures to the provident fund management institution or the lending bank.

Summary. Legal basis: According to Article 14 of the 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 Commercial Housing, if the floor area or floor area of the housing 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 in absolute value, 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.

The contract stipulates that the error of the delivery area shall be refunded and compensated for the excess and deficiency of the measured area, is there a 3% limit?

What restricts is the termination of the contract.

This clause is not limited.

A 3% error in a house is not small, and you can ask for more refund and less compensation.

Legal basis: According to Article 14 of the 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, if the floor area or construction area of the housing suite delivered by the seller is not in good shape with the area agreed in the contract for the sale and purchase of commercial housing, if 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 friends), the settlement shall be 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, 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 of the house price and the interest of 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 parts.

My house pre-sale area is 104The delivery area is 110 can be lifted, if you continue to perform, more than 3% of the actual area, more than part of the purchase of the house does not need to make up the money.

You only need to make up about 3 square meters.

It can also be lifted directly.

Is it also based on 3% of the measured area? Yes.

Hello, according to Article 14 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commodity Housing Sales Contracts, if the floor area or construction area of the housing suite delivered by the seller is inconsistent with the area agreed in the commercial housing sales contract, 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;

So the developer should return the money to you.

If the contract stipulates that more than 3% is double (if there is no other agreement), the developer should return the square and then compensate the part that exceeds 3%, that is, the flat money.

See if there is a separate agreement in the contract on the difference in area, if not, the developer should return it twice.

If there is a provision in the contract for the sale and purchase of commercial housing, if the measured area exceeds 3% of the purchased area, the seller shall compensate the buyer at double the amount of the excess area.