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According to the "Administrative Measures for the Sales of Commodity Housing".
If the price is calculated according to the set (unit) or the construction area of the set, the construction area and the shared construction area shall be indicated in the contract for the sale and purchase of commercial housing.
If it is a house for sale that is priced according to the set (unit), the parties can directly agree on the total price in the contract after the on-site investigation of the house for sale.
For pre-sold houses priced by sets (units), 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.
Commercial housing''Floor area''It is composed of the building area of the suite and the apportioned common construction area, the part of the building area in the suite is independent property rights, and the part of the shared construction area is the common property rights, and the buyer enjoys rights and assumes responsibility for them in accordance with the provisions of laws and regulations.
If the valuation is based on the construction area, the parties shall stipulate in the contract the construction area of the suite and the apportioned common construction area, and agree on the handling method when the construction area remains unchanged but the construction area of the suite is incorrect, and the construction area of the suite and the floor area of the suite are incorrect.
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According to the set, it should be calculated according to the usable area, and the construction area should be calculated according to the occupied area of the house.
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The unit price of the house is calculated based on the floor area. According to the provisions of Article 4 of the Model Text of the Contract for the Sale and Purchase of Commodity Housing issued by the Ministry of Construction and the State Administration for Industry and Commerce, there are two operational methods for the sale of commercial housing in practice:
1. Priced according to the construction area in the suite, that is: the construction area in the suite = the usable area in the suite + the construction area of the wall in the suite + the balcony construction area;
2. Valuation according to the construction area, that is: construction area = construction area in the suite + public shared construction area.
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Legal analysis: The purchase contract can be guessed and agreed to be based on the suite**, or it can be agreed to be based on the construction area** or according to the area in the suite**. However, when registering a house, what is registered is the floor area of the house and the area within the house.
Legal basis: "Rules for the Calculation of the Sales Area of Commodity Housing and the Apportionment of Common Building Area" Article 5 Commodity housing is based on "sets" or "units"**, and the sales area of commercial housing is the sum of the construction area in the trouser or unit purchased by the buyer and the common construction area that should be apportioned.
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Summary. A house sale contract is a special type of sale contract, which refers to a contract in which the seller delivers and transfers ownership of the house to the buyer, and the buyer pays the price. The legal characteristics of a contract for the sale and purchase of a house are both general and inherent in the contract of sale.
This is mainly manifested in the following ways: 1. The seller transfers the ownership of the house sold to the buyer, and the buyer pays the corresponding price. 2. The house sale and purchase contract is a promised, double-service, and paid contract.
3. The subject matter of the house sale contract is immovable property, and the transfer of ownership must go through registration procedures. 4. The house sale contract is an essential legal act prescribed by law.
When buying a house, it is calculated according to the floor area, and the contract is calculated according to the area of the suite?
Dear, in fact, both methods are possible. According to the model text of the "Commercial Housing Sales Contract" issued by the Ministry of Construction and the State Administration for Industry and Commerce, the Hunger and Rotten Bridge: 1. Calculated according to the construction area
That is: construction area = building area in the suite + common shared construction area. 2. Calculated according to the construction area of the suite:
That is: the construction area in the suite = the usable area in the suite + the construction area of the wall in the suite + the balcony construction area.
A house sale contract is a special type of sale contract, which refers to a contract in which the seller delivers and transfers ownership of the house to the buyer, and the buyer pays the price. The legal characteristics of a house sale contract include both the general characteristics of a sales contract and its own inherent characteristics of prudence. This is mainly manifested in:
1. The seller transfers the ownership of the house sold to the buyer, and the buyer pays the corresponding price. 2. The house sale and purchase contract is a promised, double-service, and paid contract. 3. The subject matter of the house sale contract is immovable property, and the transfer of ownership must go through registration procedures.
4. The house sale contract is an important legal act prescribed by law.
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If the valuation is based on the construction area, the parties shall stipulate in the contract that Changqi shall sell the construction area of the suite and the apportioned common construction area, and agree on the handling method when the construction area remains unchanged but the construction area of the suite is incorrect.
The treatment method when there is an error between the construction area and the built-in area of the building should also be agreed.
Legal basis] Article 21 of the Administrative Measures for the Sales of Commodity Housing, if the price is calculated according to the construction area, the parties shall agree in the contract on the construction area of the suite and the shared construction area, and agree on the handling method when the construction area remains unchanged but the construction area of the suite is incorrect, and the construction area and the building area of the suite are both incorrect.
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Legal analysis: The purchase contract can be agreed to be based on the suite**, or according to the construction area** or the area within the suite**. However, when the house is registered, what is registered is the floor area and the area of the suite.
Legal basis: "Calculation of the sales area of commercial housing and apportionment rules for common construction area" Article 5 Commodity housing according to the "set" or "collapse unit"**, the sales area of commercial housing is the sum of the construction area in the suite or unit purchased by the buyer and the common construction area that should be apportioned.
The determination of the validity of the key to the sale of a house is as follows: the parties have the ability to write proof, the expression of intention is voluntary and true, and does not violate national laws and regulations and the public interest; Malicious collusion, fraudulent or coercive means to conclude a contract, and a lawful form to conceal an illegal purpose shall be invalid. >>>More
Sign the contract, calculate the rent, keep the balance more, and write the liquidated damages a little higher, at least twice the market fluctuation range. >>>More
No, the most basic clause of contract law is that only the contract can be legally recognized, including the content, the person responsible for the contract, and so on.
According to what you said, the "Housing Sale and Purchase Contract" may be signed for the purpose of making the price of the house, and you can ask the court to confirm that the contract is invalid, subject to the date agreed in the "Shanghai Real Estate Sale and Purchase Contract". Of course, you can also negotiate a settlement. >>>More
For properties under construction or off-plan, after the buyer chooses the property and unit type of the center, the buyer needs to pay a deposit, fill in the reservation form and notify the buyer's ** legal court. >>>More