Do I need to pay the money if the real estate is confirmed to be large?

There will be an agreement in the usual purchase contract, and it is recommended that you take a look at how the difference between the purchase area and the confirmed area of the real estate in your purchase contract is agreed, and if there is an agreement, it will be handled according to 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% of 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 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%.

When buying a house, the contract area may not match the measured area, we will go through this matter, and the real estate certificate should be woven to the measured area, and the large area should be made up for the small area to be returned to the measured area.

If the agreed area does not match 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 area error ratio is within 3% (including 3%), and the buyer's request to terminate the contract is calculated according to the actual conditions agreed in the contract, it shall not be supported.

2) The absolute value of the area error ratio.

If the buyer requests to terminate the contract and return the purchase price and interest paid in excess of 3%, 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 measured area of the house is less than the area agreed in the contract, the seller shall return the house price and interest to the buyer if the area error ratio is less than 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%.

So apply for the real estate certificate.

If the measured area is large, it is indeed necessary to pay a certain amount of fees. My house is a little smaller, and I gave back some of the money.

I bought a small apartment in 2005, but the developer hasn't done it for me. Recently he told us that we were going to process the title deed, but he said that the measured area was larger than the contract area and asked us to pay the difference. Is this reasonable?

The balance of my house is 4%. If you just ask if it's reasonable, it's too general! This depends on the provisions of the regional defect clause in the contract.

If it's not clear, you can do it according to the uniform national rules. If it is less than 3%, it will be compensated at the unit price at the time of purchase. The excess will be borne by the developer and the title will be entirely yours.

I bought a small model house in 2005, the developer failed to get the real estate certificate, and recently told us to get the real estate certificate, but said that the measured area is larger than the contract area, and we are asked to make up the difference. Does this make sense? My house is four percent.

If that question doesn't make sense, it's too consistent to ask it! This depends on how the area error clause in the contract is described. If it is not clear, it can be implemented in accordance with the unified national provisions.

If it is less than 3%, it will be made up according to the unit price when purchasing the house. The remainder will be the responsibility of the developer and the ownership shall remain fully vested in you.

I bought a small apartment in 2005, but the developer didn't get me a title deed for me. Recently, he told us that he would apply for a house ownership certificate, but said that the measured area was larger than the contracted area and asked us to pay the difference. Is this reasonable?

The balance of my house is 4%. If you just ask if it's reasonable, it's too general! It depends on how the clause in the contract states the area error.

If there is any ambiguity, it may be implemented in accordance with the unified provisions of the state. If it is less than 3%, it will be offset based on the unit price at the time of purchase. The excess will be borne by the customer and the ownership will be entirely at your disposal.

Is it reasonable for the developer to make up the difference between the measured area and the contract area for the real estate certificate? I bought a small apartment in 2005, the developer has not given the real estate certificate, recently notified us to apply for the real estate certificate, but said that the measured area is larger than the contract area, and we are required to pay the difference. Is this reasonable?

The difference in my house is 4%. If you only ask this question, it is too unreasonable! If it is ambiguous, you can implement it according to the unified provisions of the state, and make up for the unit price at the time of purchase within 3%, and the excess part will be made up by the developer?

I bought a small apartment in 2005, the developer has not yet applied for the title certificate, we recently received a notice that we want to apply for the title certificate, but he said that the actual area is larger than the contract area, and we are willing to pay the difference. Is this reasonable? My house has a 4% difference.

If you ask this question unreasonably, it's all too familiar! It depends on what you say about the error of this clause in the contract, if it is not clear, you can buy it at the unit price within 3% in accordance with the unified regulations of the state, and the excess part shall be borne by the developer, and the property rights shall be all owned by you.

Abstract, more than 3% of partial owners can refuse not to pay.

I went to apply for the real estate certificate, and the developer said that the house area is large and the money should be made up, what should I do?

Hello, I am a partner lawyer of the platform and have received your question.

I went to apply for the real estate certificate, and the developer said that the house area is large and the money should be made up, what should I do? Is this a unilateral repudiation? What responsibilities should be assumed?

How not. When buying a house, the construction area is calculated according to the design drawing, and the real estate department will calculate the accurate area after the completion of the project, and there will generally be a slight discrepancy, so it is normal to return more and make up the difference in price, and there will be agreed terms in the purchase contract, and the error is normal within 3%, and some owners can refuse not to pay.

When buying a house, the construction area is calculated according to the design drawing, and the real estate department will calculate the accurate area after the completion of the project, and there will generally be a slight discrepancy, so it is normal to return more and make up the difference in price, and there will be agreed terms in the purchase contract, and the error is normal within 3%, and some owners can refuse not to pay.

Is the original purchase contract not legally valid?

The purchase contract is definitely legally valid.

Can you refuse to pay?

Yes. More than 3% of some owners can refuse not to pay.

It turns out that the purchase contract has already stated the area and purchase price?

Yes, when buying a house, the construction area is calculated according to the design drawing, and the real estate department will calculate the accurate area after the completion of the project, and there will generally be a slight discrepancy, so it is normal to return more and make up the difference in price, and there will be agreed terms in the purchase contract, and the error is within 3% It is normal to refund more and make up less, and some owners can refuse not to pay more than 3%.

No matter what percentage it is, as long as it is more, it will be a broken contract, right? More than 3% of some owners can refuse not to pay.

Legal analysis: Because in the process of building a house, it is difficult to ensure that the area is completely consistent with the actual drawings, so the state stipulates that errors are allowed within a certain range, so there should be no objection to this. However, not all the difference in area needs us to make up the difference, but the state has a regulation, that is, within 3% of the area of the house, only the buyer bears it, and the part that is out is borne by the developer.

We should clearly stipulate this clause in the purchase contract, so once there is a problem, it should be implemented in accordance with the contract in a timely manner, but we should be careful not to change the contract, otherwise it may cause losses. We should make it clear that if it is within 30% of the area specified in the contract, then we can calculate the amount to be paid according to the unit price multiplied by the excess area.

Legal basis: Civil Code of the People's Republic of China

Article 240:Owners enjoy the right to possess, use, benefit from, and dispose of their immovable or movable property in accordance with law.

Article 241: The owner has the right to create a usufructuary right and a security interest in his immovable or movable property. The exercise of rights by the usufructuary right holder or security right holder shall not harm the rights and interests of the owner.

Article 242:The law provides that immovable and movable property owned exclusively by the State may not be acquired by any organization or individual.

Legal analysis: If the contract agreement is overpaid and undercompensated, but within the margin of error, both parties shall abide by the contract after the contract is signed and established, and cannot unilaterally terminate or change it without consensus.

Legal basis: Civil Code of the People's Republic of China

Article 143:Civil juristic acts that meet the following requirements are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 469:The parties may conclude a contract in written, oral or other forms.

The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.

Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.