Recently some real estate developers have developed new homes with a shrinking phenomenon, and the “shrinking†is more concealed. From the living area to the age of use, from the supporting landscape of the park to the height of the house, etc., it erodes the legal rights of home buyers. , also triggered a lot of litigation. In this regard, professionals have expressed the four typical performances of the “shrinking†of new homes, and prescribed prescriptions for cracking.
Wang Nailong, a lawyer of Liaoning Longfeng Law Firm, has many years of experience in handling property disputes. He combined the real cases in real life and pointed out four typical phenomena of “shrinking†the houses, one by one to analyze and break.
Case I: The house gets smaller.
Not long ago, Mr. Liu, a citizen of Shenyang, bought a commercial building with a floor area of ​​141 square meters and an area of ​​112 square meters. After the delivery of the house, Mr. Liu felt that there was a problem with the size of the house and he found a real estate surveying company to re-measure. As a result, the house had an area of ​​only 106 square meters, which was 6 square meters less than the sales contract and 4% less. However, due to the agreement that the contract can be checked out on the condition that the building area error exceeds 3%, instead of the use of the area, Mr. Liu can not tell.
Wang Nailong said that according to relevant judicial interpretations, when the area of ​​use of the house or building area does not match the agreed area, the contract is stipulated by the agreement, when there is no agreement or the agreement is unclear, the error proportion is within 3%, and both parties make settlement according to the facts; 3%, the person who buys a house may propose to cancel the contract and require the developer to check out unconditionally and return the paid house purchase price and interest. He suggested that if the consumer’s check-out request is rejected, the consumer can instruct the developer to implement it according to regulations, or it can bring a lawsuit to the court for enforcement. Buyers should carefully check the terms when signing a purchase contract in order to avoid eating stunned money. They must agree on the construction area and the use area.
Case 2: The "use period" ignored.
Some homebuyers often find that after they have obtained a real estate license for a new home, the life span indicated on the real estate license is 40 years, or 50 years, instead of 70 years for general residential land. The service life "shrinks", so that buyers have the feeling of being deceived by the developer. Wang Nailong said that usually after developers obtain land use rights from government departments, real estate has a certain period of development and construction. Therefore, the land use period for home buyers to obtain a house will not be 70 years. As long as the consumer purchases a residential house, there is no need to worry too much about the useful life.
Wang Nailong suggested that in order to avoid unnecessary troubles or concerns, home buyers should write the land use period as a statement made by the developer into the contract. In the purchase contract, it is clarified that the time limit for land use shrinks, and the scope of the land occupation is inaccurate. Treatment method.
Case 3: The disappearing garden and the "shrinking" swimming pool.
General homebuyers often encounter this situation: When developers pre-sale, according to the real estate plan, marked with a garden or even swimming pool, which became an important factor in attracting contracts. However, after staying at the hotel, it was discovered that the small garden in China and Italy was changed and completely disappeared. The swimming pool was more like a children's pool.
Wang Nailong reminded that real estate ads belong to promotional materials and sales advertisements. Homebuyers should pay attention to the collection of such materials in the purchase of commercial housing, such as the delivery of housing and promotional materials and sales advertising does not match, home buyers can be combined with community owners, in a class action Developers are required to bear the liability for breach of contract.
Case 4: The house is shorter.
Shenyang citizen Hao Jun was attracted by the tall roof and open space when he was looking at a model room for real estate. He decided to buy the house for this project. In the housing sale contract, the developer promised that the height of the house is 2.9 meters. However, after submitting the house, Hao Jun discovered that the floor height indicated by the developer's housing quality assurance book was only 2.8 meters.
Wang Nailong believes that in the sales contract model for commercial housing provided by the real estate management department, it is generally not clear how the “shrinking†developer of the storey heights should bear responsibility, and it is not realistic for the developer to restore the storey height to the height agreed in the contract, so the buyers When signing a purchase contract, it is necessary to clearly define the compensation method and amount of breach of contract in order to better protect its own legitimate rights and interests.
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