Ask a question about the pre sale of goods

If the absolute value of the area error ratio is within 3, the settlement shall be based on the facts, and the excess shall be refunded and the deficiency shall be compensated;

If the buyer moves out, the developer shall refund the price paid by the buyer to the buyer within 3 days from the date on which the buyer proposes to move out (generally 30), and at the same time pay the interest on the price paid. If the buyer does not check 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 within the area error ratio of 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 developer shall return to the buyer the part of the house price with an area error ratio of less than 3 per absolute value, and the developer shall return to the buyer twice the price of the house price if the absolute value exceeds 3 parts.

You just need to ask the developer for a refund! That is, the less 6 square meters of money!

First of all, the real estate department's method of calculating the area in the suite is to measure according to the drawings, including the part of the wall within the axis. The enclosed balcony part is counted as the area of the suite, but does not participate in the apportionment. However, some utilities such as ventilation shafts and smoke exhaust shafts are not included.

Therefore, in general, the measurement method of ordinary users cannot fully coincide with the measurement of the real estate department.

First of all, I would like to correct that no surveying and mapping bureau will measure a house, it will be measured by a surveying and mapping team or a surveying and mapping company. If your area is really wrong (what the developer said does not count, it must be measured by a qualified surveying and mapping team, and if you are not satisfied with them, you can find arbitration surveying and mapping), you can directly claim compensation from the developer. If you go to court, you have to have the result of the arbitration test.

At the same time, you can also apply to the Bureau of Surveying and Mapping for administrative decision.

Legal analysis: 1. Pay attention to the contractor's priority right to compensation. In the process of construction of pre-sold commercial housing projects, if the real estate development and operation enterprise fails to pay the project price as agreed.

2. Pay attention to restricting developers from setting mortgages on the land use rights of pre-sold houses.

Basis of Fa Min Jinglu: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Disputes over Commodity Housing Sales Contracts" Article 2 If the seller has not obtained the pre-sale license certificate of the commercial housing, the pre-sale contract of the commercial housing entered into with the buyer shall be deemed invalid, but if the commercial housing pre-sale license certificate is obtained before the lawsuit, it may be deemed valid.

Possible problems with the pre-sale of commercial housing:

1. The commercial housing does not have a housing pre-sale license;

2. The house did not pass the completion acceptance;

3. The house has not been demolished and resettled;

4. The supporting infrastructure of the house has not been delivered;

5. The property management plan of the house has not been implemented.

[The law is based on Huaikai Zheng".Article 7 of the Administrative Measures for the Sales of Commodity Housing.

Commercial housing for sale shall meet the following conditions:

1) The real estate development enterprise of the commercial housing for sale shall have the business license of the enterprise legal person and the qualification certificate of the real estate development enterprise.

B) to obtain the right to use the land or the approval document for the use of the land;

3) Hold a construction project planning permit and a construction permit.

4) has passed the completion acceptance;

5) Demolition and resettlement have been implemented.

6) Water supply, power supply, heating, gas, communications and other supporting infrastructure have the conditions for delivery and use, and other supporting infrastructure and public facilities have the conditions for delivery and use or have determined the construction progress and delivery date;

7) The property management plan has been implemented.

To buy a house for pre-sale, you must have a pre-sale permit for commercial housing, because the pre-sale permit is to protect the interests of consumers and standardize the developer's pre-sale certificate for the sale of commercial housing under construction. 2.There must be a schematic plan and engineering plan of the house, and the schematic plan can only provide the indoor layout and the layout of the indoor space.

The pre-sale of commercial housing shall meet the following conditions before it can be pre-sold: the pre-seller has paid all the land use right transfer money and obtained the land use right certificate; The pre-seller holds a planning permit for the construction project, and the proceeds from the pre-sale must be used for the construction of the project; The pre-sale contract signed by the pre-sale party shall be reported to the people's ** real estate management department and land management department at or above the county level for registration and filing.

[Legal basis].

Article 5 of the Law on the Management of the Pre-sale of Urban Commercial Housing shall meet the following conditions: (1) All the land has been delivered to make the transfer of the right to use the land and obtain the certificate of land use right; (B) holding construction project planning permits and construction permits; (3) According to the calculation of the pre-sold commercial housing, the funds invested in the development and construction of the project shall reach more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery date have been determined.

Legal Analysis:1The pre-seller has paid the transfer fee for the state-owned land use right and obtained the state-owned land use right certificate; 2.

The pre-seller has obtained the planning permit for the construction project; 3.The funds invested in the construction by the pre-seller have reached more than 25% of the total investment in the construction of the project according to the calculation of the commercial housing provided for pre-sale, and the construction progress and completion delivery date have been determined; 4.The pre-seller has obtained the pre-sale license of commercial housing.

Legal basis: Article 45, paragraph 1 of the Law of the People's Republic of China on the Administration of Urban and Rural Real Estate The pre-sale of commercial housing shall meet the following conditions:

1) All land use right transfer fees have been paid and land use right certificates have been obtained;

B) holding a construction project planning permit;

3) According to the pre-sale of commercial housing value, the funds invested in development and construction reach more than 25% of the total investment in the construction of the project, and have been confirmed.

Date of payment; 4) To the people's ** real estate management department at or above the county level for pre-sale registration, to obtain the pre-sale license of commercial housing. This clause regulates the pre-production of commercial housing.