-
In the process of buying a house, how to deal with the error of the area? Usually in the standard contract for the sale and purchase of commercial housing, there are two ways to deal with the difference in area, one is that the two parties agree on their own, as long as the two parties agree that the usable area cannot be greater than 1%, or, as long as the two parties agree, what to do if there is more, what to do if there is less. Usually, this is not the case with the purchase and sale contracts offered by real estate developers nowadays, and there is an absolute value of the ratio, usually 3%.
If the absolute value of the area error ratio is less than 3%, it is usually agreed to settle the house payment according to the facts, and if the absolute value of the area error ratio exceeds 3%, the buyer will either check out or agree that the developer shall bear the corresponding liability for breach of contract. Of course, if the agreement is so clear, it is still acceptable that the absolute value of the area error ratio is within 3%, and it does not exceed the actual settlement of the house payment, if it exceeds, the developer must bear the liability for breach of contract, and at the same time allow the buyer to check out. Another problem is that in the contract for the purchase and sale of commercial housing, there is usually a force majeure clause in it.
In the contract for the sale and purchase of commercial housing, the developer's exemption from liability for the delay in delivery is generally said to be force majeure. According to the regulations of our country, force majeure should refer to unforeseeable, unavoidable, and insurmountable objective circumstances, such as **, floods, etc., which are unforeseeable, unavoidable, and insurmountable objective circumstances, and this force majeure can exempt the developer from the responsibility of delaying the delivery of the house, that is, exempt from liability. If this is not the case, it cannot be agreed as force majeure, and the general developer usually expands the scope of force majeure, for example, if there are abnormal difficulties or major accidents that cannot be solved during construction, for example, the regulations promulgated after the contract agreement are different from the original, such as the approval of construction facilities and the delay in installation, are recognized as force majeure.
From a legal point of view, we feel that it is unfair to the buyer and is tantamount to extending the scope of force majeure. Therefore, it is recommended that the buyer must only grasp the three conditions for the force majeure clause, that is, if it cannot be foreseen, avoided, or overcome, it is agreed that within the minimum range, do not expand, and after the expansion, when the delivery is delayed, he can say that I am exempt from liability.
-
Buying a house is a major life event, and it can cost you all your life savings. And now there is everything in society, which is difficult to prevent, so in order to be cautious, it is recommended that you hire a lawyer to handle it with full authority. This way, you can prevent ** and beyond, although you have to pay for the lawyer, but it is negligible compared to the hundreds of thousands of dollars you spent on buying a house.
When signing the contract, the buyer should carefully scrutinize the contents of the "Commercial Housing Quality Assurance Certificate" and the "Residential Instruction Manual", and take the warranty certificate as an annex to the contract. In addition, the contract should determine the property management company in the early stage, as well as the property management scope and charging standards agreed by both parties. >>>More
A processing contract is a contract in which the contractor completes a certain amount of work in accordance with the requirements of the contractor, and delivers the work results to the contractor, and the contractor accepts the work results and pays the agreed remuneration. In the processing contract, what should the contractor pay attention to when signing the contract? Clause. >>>More
This is Lao Cai's previous one, send it up to see if you use it. >>>More
It is necessary to carefully read the content of the contract, whether the obligations of both parties A and B are in line with the provisions proposed, and the final signature, the contract takes effect, and is protected by law!
I understand what you mean, the contract before the down payment must be the "House Sale and Purchase Contract". >>>More