My new house has shrunk in size and I want to check out now Is there any way to do it

According to the "Administrative Measures for the Sales of Commodity Housing".

Article 20 If the price is calculated according to the construction area or construction area of the suite, the parties shall specify in the contract the handling of the error between the area agreed in the contract and the area of property right registration.

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 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.

The area of property right registration The area agreed in the contract.

Area error ratio - 100%.

The area agreed in the contract.

If the parties do not terminate the contract due to the difference in area caused by the change of planning and design provided for in Article 24 of these Measures, a supplementary agreement shall be signed.

Article 24 Real estate development enterprises shall construct commercial houses in accordance with the approved planning and design. After the sale of commercial housing, real estate development enterprises shall not change the planning and design without authorization.

If the planning change approved by the planning department or the design change agreed by the design unit leads to changes in the structural type, house type, space size and orientation of the commercial housing, as well as other circumstances affecting the quality or use function of the commercial housing as agreed by the parties to the contract, the real estate development enterprise shall notify the buyer in writing within 10 days from the date of establishment of the change.

The buyer has the right to give a written reply within 15 days from the date of arrival of the notice. If the buyer fails to give a written reply within 15 days from the date of arrival of the notice, it shall be deemed to have accepted the change in planning and design and the change in the price of the house caused thereby. If the real estate development enterprise fails to notify the buyer within the prescribed time limit, the buyer has the right to move out; If the buyer moves out, the real estate development enterprise shall bear the liability for breach of contract.

When can I check out?

1.Late delivery exceeds a certain period.

2.If the quality of the house does not meet the standards agreed in the contract, it cannot be repaired or the repair still does not meet the agreed quality standards, the buyer has the right to move out.

3.Due to the fault of the developer, the buyer cannot obtain the house ownership certificate according to the contract.

4.The purchase contract is invalid.

5.Nesting error leads to check-out.

6.Area error leads to check-out.

7.Changes in planning and design lead to check-out.

8.The construction in progress is transferred.

Do you see that you meet the check-out criteria?

There will be a certain gap between the area of the off-plan house at the time of signing the purchase contract and the actual area at the time of delivery.

As long as ** remains the same, the area is slightly larger or slightly smaller, and in the case that the contract is not expressly agreed, it is necessary to carefully consider checking out.

If you are talking about the difference between the contract area and the actual measured area (generally not more than 3%), then there is definitely no problem with checking out. If the developer does not return it, a lawsuit can be filed.

If the error exceeds 3%, it can be refunded, but it is not cost-effective to retreat, I don't know if you are in **. Housing prices have been rising, and it may not be cost-effective to retreat.

Generally, the developer with good qualifications will indicate in the contract for the sale and purchase of commercial housing, the area is more refunded and less compensated, I am in Yantai real estate company sales, what questions can be asked to me.

Find neighbors, organize, and fight the developers!

With the power of journalism**, you can do more with less.

Legal analysis: According to the relevant regulations on the sale of commercial housing in China, the error of housing area exceeds 3%. If the absolute value of the error ratio between the measured area of the house at the time of delivery and the tentative area at the time of signing the contract exceeds 3%, and the buyer requests to move out and claim a refund of interest, the court will rule in favor of the buyer.

Commercial houses are not allowed to be sold to the public without obtaining a pre-sale permit, nor are they allowed to sell houses in the form of internal subscription; In addition, the pre-purchased house area and the actual delivery area shall not fluctuate by more than 3 square meters, otherwise, the buyer has the right to request to move out or refund. When the house is collected, the buyer must measure the area of the house, and if the house is found to have shrunk problems, he can find the developer in time to claim compensation.

Legal basis: "Notice on the Issuance of Provisions on the Clearly Marked Prices of Commodity Housing Sales" Article 8 The clear price of commercial housing sales shall be marked with one set of standards. The operator of commercial housing shall clearly mark the price of each set of commercial housing.

If the price is calculated according to the construction area or the building area in the suite, the unit price of the building area or the unit price of the building area in the suite shall also be indicated.

If the area of the house has shrunk by more than 3%, the buyer may request to rescind the contract and refund the price paid, in addition to which the interest paid shall also be refunded; The buyer may also choose to continue to perform the contract, and the seller will refund the buyer a single or double amount of the excess purchase price.

[Legal basis].

Article 14 (1) of the Interpretation on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts shall not be supported 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 in accordance with the provisions of the contract; (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, it 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 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 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%.