Is the purchase of a house based on the area on the title deed or on the area on the purchase contra

Title Deed. It belongs to the measured area, and the contract belongs to the agreed area. According to the "Administrative Measures for the Sales of Commercial Housing.

Article 20 stipulates: "According to the floor area of the suite.

or in the case of valuation of construction area, the parties shall specify in the contract how to deal with the error between the area agreed in the contract and the area registered in the property right.

1. When there is an agreement on the area error in the contract, regardless of whether the area error of the agreement is within 3% or outside, it shall be handled in accordance with the area error treatment method agreed in the contract.

2. If there is no agreement on the area error in the contract, it should be dealt with with the above provisions of the Administrative Measures for the Sales of Commodity Housing, which can not only achieve the purpose of maintaining the validity of the contract, but also benefit the real estate industry.

It can also achieve fairness between the two parties to a greater extent and equally protect the legitimate rights and interests of both parties. However, if the pre-purchaser is unable to pay for the room in excess of the agreed area, the negotiation shall be carried out according to the wishes of both parties, and if the pre-purchaser insists on terminating the contract, the contract shall be terminated.

3. If there is a clause in the contract that "calculated according to the actual area after completion", it should be seen whether the size of the area change after completion is within the error range of the general construction area. Because the real meaning of this clause is to allow the pre-seller to build a house with a certain difference from the agreed area within the margin of error allowed by the construction industry, but it does not allow the area of the house to be arbitrarily expanded without restrictions. If the increased area is within the normal margin of error, the pre-purchaser cannot demand to rescind the contract and shall pay for the increased area; If the increased area exceeds the normal error, it shall be dealt with with with the above provisions of the Administrative Measures for the Sales of Commodity Housing.

Judging from the question of "pay according to the area of the real estate certificate or according to the area on the purchase contract", this should be a question of buying and selling second-hand houses.

Due to historical reasons, there are units to build houses, there are also fund-raising to build houses, the area on the real estate certificate is generally less than the standard, and the second-hand housing transaction is carried out according to the total price negotiated by both parties, and it is not necessarily necessary to pay according to the area or actual area on the housing certificate.

For the purchase of a first-hand house, the developer has a standard standard contract "Commercial Housing Sales Contract", which calculates the total housing price according to the pre-sale area and pre-sale unit price.

Legal analysis: if the area of the purchase contract is inconsistent with the area of the real estate certificate, 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 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 Commercial Housing Article 14 If the buyer fails to obtain the certificate of ownership of immovable property within the following time limits due to reasons attributable to the seller, the seller shall bear the liability for breach of contract unless otherwise agreed by the parties: (1) the time limit for handling the registration of immovable property as agreed in the contract for the sale and purchase of commercial housing; (2) If the subject matter of the contract for the sale and purchase of commercial housing is a house that has not yet been completed, it shall be 90 days from the date of delivery of the house; (3) If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, 90 days from the date of conclusion of the contract.

If the contract does not stipulate liquidated damages or the amount of losses is difficult to determine, it may be calculated according to the total amount of the purchase price paid and with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China.

Legal analysis: The area on the purchase contract is the area measured by the Housing Authority, that is, the area obtained from the measurement drawings, the area on the property ownership certificate is the measured area of the Housing Authority, and the property ownership certificate is subject to the area measured by the actual house of the Housing Authority. Regarding the area deviation between the two, if there is an agreement in the purchase contract, it is generally more refunded and less compensated.

Specifically, you can see the purchase contract.

Legal basis: Article 14 of the Judicial Interpretation on the Contract for the Sale and Purchase of Commodity Housing Article 14 If the floor area or construction area of the house suite delivered by the seller is inconsistent with the area agreed in the contract for the sale and purchase of commercial housing, 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: if the area of the purchase contract is inconsistent with the area of the real estate certificate, and there is an agreement in the contract, it shall be handled according to the agreement and if there is no agreement or the agreement is not clear, the general error value shall be within 3%, and the principle of more refund and less compensation shall be handled. If the error value exceeds 3%, the developer will give away the excess area, and the developer will compensate double for the insufficient area, and the buyer can also choose to check out.

Legal basis: "Measures of the People's Republic of China for the Administration of the Sales of Commodity Housing" Article 20 If the price is calculated according to the construction area or construction area of the suite, the parties shall specify in the contract the handling of the error 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 within 3 (including 3), the house price shall be settled according to the facts; (2) If the area error exceeds 3 in absolute value, the buyer has the right to move out. If the buyer moves out, the real estate development enterprise shall, within 30 days from the date on which the buyer proposes to move out, refund the price paid by the buyer to the buyer, and pay the interest on the price paid. 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 part of the house price with an area error ratio of less than 3 (including 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 real estate development enterprise shall return the house price to the buyer if the absolute value of the area error ratio is within 3 (including 3); If the absolute value exceeds 3 parts, the real estate development enterprise shall return double the amount of the house price to the buyer. Property right registration area Contract area Area error ratio 100 Contract area If the area difference is caused by the planning and design changes provided for in Article 24 of these Measures, and the parties do not terminate the contract, they shall sign a supplementary agreement.

First of all, the supervision of off-plan transactions should be strengthened. In the off-plan transaction, the "Commercial Housing Sales Contract" shall be strictly implemented, especially Article 3 of which requires that the construction area and usable area of the commercial housing be indicated to confirm the acceptance criteria of the purchased area of the parties, so that the buyer can use the simplest method to calculate whether the area of the purchased commercial housing is in line with the contract.

Second, through legislation, we will expand and supervise the operating rights of real estate development and testing intermediaries. For real estate development intermediaries with corresponding testing qualifications, joint and several liability and mutual supervision mechanisms should be established. Buyers should have the right to directly entrust intermediaries to review and measure the house, and urge the real estate review and measurement intermediaries to decouple from **.

The administrative organ or court accepting the case shall have the right to entrust an intermediary surveying agency other than the original housing surveying unit to conduct a standard review and measurement of the usable area or construction area of the house purchased by the buyer, and issue a report in accordance with the law, which shall be used as evidence for the parties' evaluation of the area of the house.

In addition, it is also necessary to further standardize the functions and powers of local housing management administrative departments, courts, judicial and other law enforcement agencies at all levels. After receiving a complaint about the "shrinkage" of the housing area, the administrative department shall clearly stipulate the time limit for filing the case, and send professionals or entrust a professional agency to carry out measurements. After confirming the fact of "shrinkage", the developer shall be fined or ordered to rectify, compensate, move out, or change houses, and if necessary, the joint and several liability of the original survey unit shall be investigated.

Lower the threshold for filing a case, provide a more complete legal basis for investigation and evidence collection and judgment, and continuously improve enforcement capacity. In this way, it is difficult for the courts and judicial departments to file cases, investigate and collect evidence, make judgments, and enforce the problems.

1. Things to pay attention to when signing the purchase contract.

1. Figure out the parties in the contract.

There are two parties involved in the signing of a contract in the process of buying and selling a new home: the buyer and the developer.

The purchaser, i.e. the "buyer" in the purchase contract, who will become the owner of the property as recorded on the title deed; Need to pay for the room; Once the contract is violated, the liability for breach of contract shall be borne.

2. Verify the condition of the house: when looking at the house, start from the following aspects: the status of the house, the status of the housing community, and the right to the house. The verification of these circumstances will help you control the actual cost and risk of the transaction; Breach of contract liability for sale and dismissal.

3. Clarify the transaction procedure: the second-hand housing transaction can be divided into several steps: viewing, signing, giving the down payment at a clear time according to the contract, transferring, handing over the house, and giving the balance. These steps need to be noted:

Keep the evidence of the transaction, the transfer must be on the real estate certificate before the transfer can be made, and check whether the other party has paid the property fees, water, electricity and gas fees when handing over the house; This point is very important to pay attention to in the precautions of signing the contract for the purchase of a house, if you don't know the transaction process, it will be very troublesome when you transfer the property in the future, and you may bring losses to yourself.

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If you find that the area written on the title deed does not match the area written on the purchase contract, you may need to take the following actions:1Communicate with the developer or seller:

First, you can communicate with the developer or seller to find a solution. This may involve consultation or consensus through consultation, or changing the situation. 2.

Ask a housing surveyor for a certificate: You can ask a housing surveyor for a certificate showing the actual size of the house. If the actual size of the house is different from the area stated in the title deed or purchase contract, you can use this proof as a measure to find a solution.

3.Seek legal assistance: If you are unable to resolve the issue by communicating with the developer or seller or by negotiating terms, you can seek legal assistance.

You can check with your local real estate department to see if you have any legal rights to request a correction. In conclusion, if you find that the area written on the title deed does not match the area written on the purchase contract, you should take steps to solve the problem as soon as possible.

What should I do if the area written on the real estate certificate is inconsistent with the area written on the purchase contract.

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If you find that the area written on the title deed does not match the area written on the purchase contract, you may need to take the following actions:1Communicate with the developer or seller:

First, you can communicate with the developer or seller to find a solution. This may involve consultation or consensus through consultation, or change the situation. 2.

Ask a housing surveyor for a certificate: You can ask a housing surveyor for a certificate showing the actual size of the house. If the actual size of the house is different from the area stated in the title deed or purchase contract, you can use this certificate as a basis for measuring and seeking solutions.

3.Seek legal assistance: If you are unable to resolve the issue by communicating with the developer or seller or by negotiating terms, you can seek legal assistance.

You can check with your local real estate department to see if you have any legal rights to request a correction. In short, if you find that the area written on the title deed is inconsistent with the area written on the purchase contract, you should take measures to solve the problem as soon as possible.

Legal basis: According to the provisions of Article 20 and Article 4 of the Property Law of the People's Republic of China, the area of the house shall be subject to the record in the house ownership certificate. Therefore, the floor argument written on the real estate certificate is the final criterion for determining the size of the house.

If the area on the purchase contract is inconsistent with the area on the real estate certificate, the parties can negotiate and deal with it in accordance with the provisions of Article 55 of the Contract Law of the People's Republic of China. If the negotiation fails, the parties may request arbitration or litigation to resolve the dispute with an arbitration institution or a people's court. At the same time, according to Article 26 of the Law of the People's Republic of China on the Administration of Urban Real Estate, the developer shall issue a real commercial housing transaction contract to the buyer, and the contract shall specify the area, location and use of the house.

If the developer deliberately inflates or misrepresents the area of the house, it can be required to bear the corresponding legal liability.