The essence of pre-sale of commercial housing is the sale of housing futures. However, because the house is delivered later, many changes may occur during this period, so disputes are easy to occur in practice, such as: area error, which will lead to disputes. What if the buyers find that the area is insufficient when they close the house? In other words, how to deal with the mistake of buying a house? Pre-sale of commercial housing for you, the essence is the sale of housing futures. However, because the house is delivered later, many changes may occur during this period, so disputes are easy to occur in practice, such as: area error, which will lead to disputes. What if the buyers find that the area is insufficient when they close the house? In other words, how to deal with the mistake of buying a house? The following will give you a more detailed interpretation.

First, the surveying and mapping process of housing area generally does not go wrong.

In the process of surveying and mapping the housing area, after the developer declares the housing area to the Housing Authority, the Housing Authority designates a special surveying and mapping company to survey and map the housing area, which is generally authoritative. Under normal circumstances, as long as it is reported to the Housing Authority for the record, the Housing Authority will review it, and if there is any problem, it will be reviewed by the Surveying and Mapping Office.

Second, why is there an error in your own measurement?

1, the area calculation method is incorrect;

2. There is no professional measuring tool;

3. The sharing coefficient is difficult to calculate.

Third, how to solve the area error?

Let me introduce the legal basis first, or Article 14 of the Interpretation of the People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts. If the interior construction area or construction area delivered by the seller is inconsistent with the agreed area in the commercial housing sales contract, it shall be handled as agreed; If there is no agreement or unclear agreement in the contract, it shall be handled according to the following principles:

(1) If the area error ratio is less than 3% (including 3%), it shall be settled according to the price agreed in the contract. If the buyer requests to terminate the contract, it will not be supported;

(2) If the area error ratio exceeds 3%, the buyer's request to cancel the contract and return the paid house price and interest shall be supported.

The buyer agrees to continue to perform the contract. If the actual area of the house is larger than the area agreed in the contract, the buyer shall make up the house price at the agreed price for the part with the area error ratio within 3% (including 3%), and the seller shall bear the house price for the part 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 part with an area error ratio of less than 30% (including 3%) and the interest shall be returned by the seller to the buyer, and the part with an area error ratio of more than 3% shall be returned by the seller to the buyer twice.

The judicial interpretation clearly stipulates that it is normal for the area to increase or decrease, but the error is within 3%, and the two parties will settle accounts according to the facts, and more refunds will be made; If the area is reduced and the error exceeds 3%, the buyer can choose to terminate the contract, and the developer will return the interest on the purchase price (in fact, the buyer still suffers); You can also choose to continue the implementation. The developer with an error of less than 3% will return the house price, and the developer with an error of more than 3% will return the house price twice.

If the area increases and the error exceeds 3%, the buyer can choose to cancel the contract, return the purchase price and interest (also losses), or continue to perform, then the buyer will pay the purchase price with the error within 3%, and the area exceeding 3% will be returned directly to the buyer without paying.

However, if the two parties have agreed on a clear handling method in the house purchase contract, it shall be handled as agreed by both parties. Usually, we will meet some developers who directly stipulate in the contract that the final area shall be subject to the actual measurement. If there is any increase or decrease, the final settlement shall be based on the actual surveying and mapping area, and more refunds will be made and less supplements will be made.

It is suggested to read and understand the provisions of the above judicial interpretation carefully. The rights agreed by the buyers in the contract should at least not be lower than this judicial interpretation, otherwise an agreement is better than no agreement.