How to calculate the pre sale area of commercial housing and how to solve the problem that it is dif

The calculation of the pre-sale area of commercial housing refers to the act of apportioning and calculating the construction area of each house according to the relevant technical regulations and the designed housing drawings in order to apply for the housing sales permit and sign the housing sales contract before the completion of the house. With the requirements of the development of the real estate market, this real estate area measurement project has developed rapidly in various cities across the country. So, how to solve the problem when the pre-sold area of commercial housing is not the same as the actual area?

In this case, you can compare the pre-sale contract of the commercial housing you signed when you bought the house. There should be special clauses in the contract. According to the provisions of the judicial interpretation, if there is no agreement between the parties or the agreement is unclear, it shall be handled in the following ways:

1) If the absolute value of the area error ratio is within (inclusive) and the buyer's request to terminate the contract shall not be supported if the buyer requests to terminate the contract;

2) If the area error exceeds 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 the area error ratio (inclusive) in accordance with the agreement, and the seller shall bear the price of the house price in excess 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 part of the house price and interest within (inclusive) of the area error ratio, and the seller shall return double the amount of the house price to the buyer if the area error ratio exceeds the part of the house price.

Let me explain to you again, in view of the particularity of commercial housing, it is normal for commercial housing to have an area error (that is, the pre-sold area is inconsistent with the actual area), but the margin of error should not exceed plus or minus 3%.

In addition, it is also necessary to pay attention to whether the area and apportioned area of the house have changed, and whether the magnitude of the change is large, and the judicial interpretation also stipulates that the above-mentioned provisions shall also apply if the floor area of the house unit delivered by the seller does not match the area agreed in the sales contract of the commercial house.

Legal analysis: In accordance with the relevant regulations, if the buyer and the seller do not agree on the handling of the area error in the purchase contract, the buyer shall have the right to move out if the area error exceeds 3% of the absolute value.

According to the law: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commodity Housing Sales Contracts" Article 14 If the floor area of the housing suite delivered by the seller or the area of the construction area is inconsistent with the area agreed in the sales contract of the commercial housing with skin, 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% 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%.

Legal analysis: The absolute value of the area error ratio between the pre-sold area and the actual area of the house is within 3% (including 3%).

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 5 If the agreement on the subscription, ordering, and reservation of commercial housing has the main content of the contract for the sale and purchase of commercial housing as stipulated in Article 16 of the Administrative Measures for the Sales of Commodity Housing, and the seller has accepted the purchase price in accordance with the agreement, the agreement shall be deemed to be a contract for the sale and purchase of commercial housing.

Summary. If there is a gap between the actual area of the house and the area of the pre-sale, you can follow the steps below:1

Understand the relevant national regulations: According to the "Administrative Measures for the Sales of Commodity Housing", developers must publicize the building area, floor area and shared area of the house when selling commercial housing, and the actual area of the house delivered should not be less than the pre-sale area. 2.

Verify the actual area: Buyers can ask a professional surveyor to measure the property, or ask the property management company for the actual area. 3.

Communicate with the developer: If there is a gap between the actual area and the pre-sale area, you can communicate with the developer and ask for an adjustment to the area of the house. 4.

Ways to protect rights: If the developer does not cooperate or the negotiation fails, the buyer can protect his rights by complaining to the relevant authorities or suing the developer.

If there is a gap between the actual area of the house and the area of the pre-sale, you can follow the steps below:1Understand the relevant national regulations:

According to the Administrative Measures for the Sales of Commodity Housing, developers must publicize the floor area, floor area and shared area of the house when selling commercial housing, and the actual area of the house delivered shall not be lower than the pre-sale area. 2.Verify the actual area:

Buyers can ask a professional lifting and suffocating agency to measure the house, or ask the property management company for the actual area. 3.Communicate with the developer grinder:

If there is a gap between the actual area and the pre-sale area, you can communicate with the developer and ask for an adjustment to the area of the house. 4.Ways to protect rights:

If the developer does not cooperate or the negotiation fails, the buyer can protect his rights by complaining to the relevant authorities or suing the developer.

The pre-sale area of my house is the actual measurement Is it reasonable for the developer to ask me to make up 233350.

According to the Regulations of the People's Republic of China on the Administration of Commodity Housing Sales, the developer shall deliver the house to the buyer in accordance with the construction area agreed in the contract, and the buyer has the right to know the construction area of the house provided by the developer before signing the purchase contract. If the actual measured floor area exceeds the pre-sold area, the total price of the house shall be calculated according to the actual measured area. If the actual measured floor area is less than the pre-sold area, the total price of the house shall be calculated according to the pre-sold area.

In your case, the developer requires you to pay 233,350 yuan, and if the amount is calculated based on the actual measured area, and complies with the relevant laws and regulations and the agreement on the burial, then the amount required to pay is reasonable. However, if you think that the developer's request for you to pay back is unreasonable, you can file a complaint with your local housing and urban-rural development department or seek legal assistance. At the same time, you can also negotiate with the developer to find a reasonable solution.

When there is a gap between the actual area and the pre-sale area in the purchase of the house, the price shall be settled according to the facts when it does not exceed 3%; If it exceeds 3%, the buyer can choose to terminate the contract, and the seller will return the purchase price and interest paid; If the buyer continues to perform, the decision may be made up by the buyer according to the proportion of the area error and the guess of the agreeer, and the seller shall bear it independently, and the seller shall return it or double the return.

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 suite, the parties shall specify in the contract how to deal with the discrepancy 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 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 first-luck type house if the area error ratio is less than 3%; 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.