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First of all, you have to see clearly whether the delivery standard of the house in the contract is rough or hardcover. Because many developers say that they sell finely decorated houses, but the contract directly helps you deliver the standard writing blanks.
If the contract says hardcover delivery, but does not write the decoration materials, it is not considered a breach of contract by the developer. At this time, your only way is to find the advertisement of the original developer and the ** of the developer's model house.
According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts
Article 3 The sales advertisements and promotional materials of commercial housing are invitations to offer, but the seller's explanations and promises to the housing and related facilities within the scope of the development plan of the commercial housing are specifically determined, and have a significant impact on the conclusion of the contract for the sale and purchase of commercial housing and the determination of the housing **, it shall be regarded as an offer. Even if the explanation and promise are not included in the contract for the sale and purchase of commercial housing, they shall be regarded as the contents of the contract, and if the party violates it, it shall bear the liability for breach of contract.
Therefore, when you find the advertisement made by the developer and the ** of the developer's model house, if there is a clear statement in it that the decoration materials are, then if the developer cuts corners, you have the right to ask the developer to bear the liability for breach of contract and compensate you for your losses.
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No violations. The subject (main subject matter) of the house sale and purchase contract is the house, not the decoration of the house.
Buying and selling well-decorated houses is just one of the win-win marketing tools.
The house sales contract does not indicate the detailed content of the fine decoration of various materials, such as **, **, environmental protection degree, etc.
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Where the parties are not clear on the content of the relevant contract and cannot be determined in accordance with the provisions of Article 61 of the Contract Law, the following provisions shall apply: (1) where the quality requirements are not clear, they shall be performed in accordance with national standards and industry standards; If there is no national standard or industry standard, it shall be performed in accordance with the usual standard or a specific standard that meets the purpose of the contract. (2) If the price or remuneration is not clear, it shall be performed in accordance with the market ** of the place of performance at the time of conclusion of the contract; If the ** pricing or the guide price of the manuscript auctioneer shall be implemented in accordance with the law, it shall be performed in accordance with the regulations.
3) Where the place of performance is not clear, and the currency is paid, the place where the receiving currency is located; The disturbance of the delivery of immovable property shall be performed at the location of the immovable property; Other subject matter shall be performed at the location of the party performing the obligation. (4) If the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary time to prepare. (5) Where the method of performance is not clear, it shall be performed in a manner conducive to the realization of the purpose of the contract.
6) Where the burden of performance costs is not clear, the party performing the obligation shall bear it.
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Summary. Hello, glad to answer for you. <>
The reasons for the inconsistency between the decoration money on the purchase contract and the actual price are as follows: the contract signing amount is inconsistent with the payment amount, which means that one party to the contract does not pay in strict accordance with the signed amount agreed in the contract, and if the payment amount is less than the signed amount, it will generally constitute a breach of contract. If the payment amount is more than the contract amount, the excess part belongs to the unjust enrichment of the other party and shall be returned.
Why does the decoration money on the purchase contract of the hardcover house not match the reality?
Hello, I'm glad to answer for you. <>
The reasons for the inconsistency between the decoration money on the purchase contract and the actual price of the hardcover house purchased are as follows: the amount signed in the contract is inconsistent with the payment amount, which is that one party to the contract does not pay in strict accordance with the signed amount agreed in the contract, and if the payment amount is less than the signed amount, it will generally constitute a breach of contract. If the amount of payment is more than the amount of the contract, the excess amount is an unjust enrichment of another relative and shall be returned.
Legal basis: Article 595 of the Civil Code of the People's Republic of China A sales contract is a contract in which the seller transfers the ownership of the subject matter to the buyer and the buyer pays the price. Article 596: The contents of a sales contract generally include the name of the subject matter, the quantity, quality, price, the time limit for performing the contract, the place and method of performance, the method of packaging, the standard and method of inspection, the method of settlement, the language used in the contract and its effect.
Dear, can you describe the specific situation.
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Summary. Dear, hello, I am very happy to be able to answer your question why the decoration money on the purchase contract does not match the actual oneAnswer: Hello, hello <>
There are generally the following reasons for the inconsistency between the decoration money on the purchase contract and the actual situation: the developer indicates that the decoration or upgrade decoration is made when the sales office sells, but the specific decoration standards, materials, equipment, etc. are not clearly stipulated in the purchase contract; The terms of the purchase contract regarding the renovation have been interpreted and understood differently, resulting in misunderstanding of the renovation standards between the parties; In order to reduce costs or increase profits during the construction process, the developer uses defective materials or lowers the decoration standards, resulting in inconsistencies between the actual decoration payment and the purchase contract; Another situation is that the developer deliberately inflated the decoration price on the purchase contract to attract the attention of the buyer, and the actual decoration price is far lower than the agreement. I hope mine can help you <>
Why does the decoration money on the purchase contract of the hardcover house not match the reality?
Dear, hello, I am very happy to be able to answer your question why the decoration money on the purchase contract of the hardcover house is not the same as the actual oneAnswer: Hello, hello <>
There are generally the following reasons for the inconsistency between the decoration money on the purchase contract and the actual situation: the developer indicates that the decoration or upgrade decoration is made when the sales office sells, but the specific decoration standards, materials, equipment, etc. are not clearly stipulated in the purchase contract; The terms of the purchase contract regarding the renovation have been interpreted and understood differently, resulting in misunderstanding of the renovation standards between the parties; In order to reduce costs or increase profits during the construction process, the developer used defective materials or lowered the decoration standards, resulting in the inconsistency between the actual decoration payment and the purchase contract; Another situation is that the developer deliberately inflated the decoration price on the purchase contract to attract the attention of the buyer, and the actual decoration price is far lower than the agreement. I hope mine can help you <>
Further information: In this case, it is recommended that you first check the terms of the purchase contract regarding renovation to confirm whether there are any ambiguities or ambiguities. If there is a dispute, you can complain to the local housing management department, or ask a lawyer to intervene in mediation, or you can sue the developer through the court to protect your rights.
At the same time, it is recommended that when buying a house, it is necessary to carefully review the purchase contract, clearly agree on specific matters such as the standard of the decoration ruler and lead bureau, the payment and the time, and keep the relevant evidence materials. Defeat.
Hello, can you tell me more about the specifics? Let me help you analyze the <> of the problem
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Q: What should I do if the developer does not sign the specific standards for decoration in the sales contract when purchasing a finely decorated commercial house?
Seller of the supplementary agreement to the contract for the sale and purchase of commercial housing: Buyer: In accordance with the provisions of Article 21 of the Contract for the Sale and Purchase of Commodity Housing (contract number) (hereinafter referred to as the contract) signed by the seller and the buyer, the two parties hereby reach the following supplementary agreement on the matters not covered in the contract to be jointly complied with:
Article 1 Area confirmation and area difference handling. Otherwise, the seller has the right not to hand over the house and not to apply for the house ownership certificate for the buyer, which is not deemed to be the seller's late delivery of the house or the late application for the house ownership certificate, and the risks and adverse consequences arising therefrom shall be borne by the buyer.
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Legal analysis: The content of the contract is agreed upon by the parties and generally includes the following clauses:
1) The names and addresses of the parties;
b) the subject matter; iii) quantity;
4) Quality in this way;
5) Price or remuneration;
6) the period, place and method of performance;
7) Liability for breach of contract;
8) Methods of Dispute Resolution.
Legal basis: Article 465 of the Civil Code of the People's Republic of China: Contracts established in accordance with law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.
Article 23 Litigation arising from contract disputes shall be under the jurisdiction of the people's court at the place where the defendant is domiciled or where the contract is performed.
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