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From the perspective of judicial practice, all kinds of situations are possible, and there is no standard required. The law stipulates that if the actual area of the house is larger than the area of the house, it is necessary to make up the money within the range of 3%, and if it exceeds the range of 3%, the developer shall bear it.
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It is normal for the area of the house on the contract to differ within one square meter and the actual area, and there can be too many errors, but the actual area and the contract area of the house should be the construction area, and there is a basis for this.
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It is normal for the area of the house on the contract to differ from the actual area, I bought a house, and the actual words are more than 110 square meters inside, and more than 120 square meters outside.
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If the measured area of the house does not match the contract area, if the contract area is exceeded, the part within 3% of the area shall be made up by the buyer, and the excess part shall be borne by the seller, and if the area is lower than the contract, the seller shall compensate for the difference in the actual area.
It should be noted here that the area here refers to the floor area.
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How much is the difference between the size of the house and the actual area? We also keep a house, and the difference between the actual area of the house on the contract and the actual area is different.
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The problem you are talking about is a relatively professional real estate knowledge, which most people don't understand, you can go to the real estate company to consult.
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You signed a contract when you bought the house, and what was the error in it? You look at it and if it goes beyond you can developer.
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It is normal for the area of the house on the contract to differ from the actual area by 3%.
According to Article 14 of the Interpretation on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commodity Housing, if the floor area or floor 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 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 in 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 if 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 price of the house price exceeding the 3 part of the area error ratio, 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 double the price of the house price for the area error ratio exceeding 3 parts.
Recommendations for preventing area errors:
Area error ratio = (measured area **area) 100% **area.
Absolute value of area error ratio = absolute value of (measured valuation area - contracted valuation area) * 100% of the contracted valuation area.
It is recommended that the buyer agree with the developer on a specific method to solve the area error according to the nature of the house purchased and the possible problems of the project, and it is best to agree on the circumstances and solutions of the error in more detail than the judicial interpretation.
The above content refers to People's Daily Online - How to solve the error between the measured area of the house and the contract area?
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They are illegal and must be returned, otherwise they will be called to the police.
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Positive or negative within 3 percent is normal.
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According to the relevant provisions, if the measured area or construction area (including the shared area) of the house suite caused by the design change between the buyer and the seller is inconsistent with the area agreed in the housing sales contract, it shall be handled in accordance with the contract.
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) The area error ratio is within 3% (including 3%), and the house payment shall be settled according to the actual situation as agreed in the contract;
2) If the area error ratio exceeds 3%, the buyer can request to move out. The developer shall refund the paid price and pay the interest paid within 30 days from the date of the buyer's request to move out. 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 house price of the part of the area error ratio within 3% (including 3%) shall be made up by the buyer according to the agreed **, and the part of the house price of the area error ratio exceeding 3% shall be borne by the developer, 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 part of the house price and interest within 3% (including 3%) of the area shall be returned to the buyer by the developer, and the part of the house price with an area error of more than 3% shall be returned to the buyer by the developer in double.
Depending on your situation, you can not buy it and ask the returner to refund the earnest money.
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First of all, it is recommended that you carefully check the contract for the sale and purchase of commercial housing signed with the developer, which generally contains clauses on area confirmation and area difference. Mainly check: whether the contract stipulates whether the price is calculated according to the construction area or the area in the suite, and whether the contract has an agreed area price difference to deal with.
If there is a contract, the owner and the developer will solve the problem of the error of the Miai female machine according to the contract. Based on the terms of the contract, it is possible to preliminarily judge whether the developer's request is reasonable. In addition, if there is no agreement between the two parties in the contract for the sale and purchase of commercial housing, it can be handled in accordance with statutory principles.
For details, see Article 19 and Article 20 of the Administrative Measures for the Sales of Commodity Housing promulgated by the Ministry of Construction in 2001, which stipulates that for the existing houses priced according to the set (unit), the parties may directly agree on the total price in the contract after the on-site investigation of the existing houses. For pre-sold houses priced on a set (unit) basis, the real estate development enterprise shall attach the floor plan of the house to be sold to the contract.
The floor plan should be marked with detailed dimensions and a margin of error should be agreed. When the house is delivered, the set type is consistent with the design drawings, and the relevant dimensions are also within the agreed error range, and the total price remains unchanged; If the set is inconsistent with the design drawings or the relevant dimensions exceed the agreed margin of error, and the contract does not stipulate the handling method, the buyer may move out of the property or re-agree with the real estate development enterprise on the total price. If the buyer moves out, the real estate development enterprise shall bear the liability for breach of contract.
Article 20 stipulates that if the price is calculated according to the construction area or construction area of the suite, the parties shall specify in the contract the method of dealing with 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.
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What should I do if the agreed area of the house does not match the measured area, generally speaking, the problem of error in the area of the commercial house sold by the existing house is relatively small and easier to deal with. At present, there is a lot of problem that there is an error between the measured area after the completion of the off-plan house and the tentative area agreed in the contract, and if the error is large, it will seriously affect the legitimate rights and interests of the buyer. Therefore, from the perspective of fairness and reasonableness, the buyer can clearly stipulate the following solutions in the contract according to the specific circumstances:
l) Within a small margin of error (such as within plus or minus 1%), the measured area is deemed to be consistent with the provisional measured area, and the buyer and seller will no longer settle the relevant price difference; (2) Within a reasonable range acceptable to the buyer (such as within plus or minus 3%), the buyer and seller shall re-settle the difference in the unit price of the house according to the contract agreement, and refund the excess and make up for the deficiency; (3) If the error exceeds the above reasonable range (such as the positive and negative error exceeds 3%), the seller shall be deemed to be in breach of contract, and the buyer shall have the right to terminate the contract and require the seller to refund the price and interest and pay the corresponding liquidated damages as agreed in the contract.
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If the area of the purchased commercial house does not conform to the contract, and the area error exceeds 3%, the buyer can choose to terminate the contract, and the seller will return the purchase price and interest paid; If the area error does not exceed 3%, it can be decided according to the area error ratio and the agreed ** that the buyer will make up or the seller will bear it independently, or the seller will return it and double the return.
[Legal basis].Article 20 of the Administrative Measures for the Sales of Commodity Housing.
If the price is calculated according to the construction area or construction area of the suite, the parties shall specify in the contract how to deal with the discrepancy 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 less than 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.
Can be changed, the title deed.
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