After I checked in, I was told that the house was dozens of flats, and the court sentenced me to refund more and make up less.

After the owner moved in, the developer Yichun Greentown Real Estate Development Co., Ltd. said that the actual area of the measured house was larger than the area agreed in the contract, and the owner had to pay the house price.

However, the owners were dissatisfied that the difference in housing area reached tens of square meters, and the surveying and mapping report showed that the surveying and mapping time was 20 13. At that time, the owners had already moved in, but many owners claimed that "there were people who had not been surveyed at home".

This happened in Longqiwan Community, Yichun, Heilongjiang. Seven owners, including a real estate consultant of Yichun Greentown Company, who bought a unit commercial house, sued the developer and demanded to apply for the real estate license according to the area agreed in the contract. However, the local court finally rejected their claim on the grounds that the contract stipulated that the house price should be calculated according to the property area, and the overpaid part should be compensated.

Lawyers reminded the public that you can't just sign a contract when buying a house. If you don't look carefully, this result may not appear if the owner reviews the contract in place.

The owner said that the property consultant bought a unit community and said that "I didn't expect to be fooled."

Mr. Sun works as a property consultant in Yichun Greentown Real Estate Company, saying that "I didn't expect to be fooled".

Mr. Sun told the French evening reporter that Longqiwan Community is located near the government building in Yichun City, Heilongjiang Province, separated from the key middle school Yichun No.1 Middle School by a wall. He said that when the property was sold, the developer had a publicity stunt of "buy half in the attic and get half free", which he thought was quite cost-effective. "So the contract was signed according to half the area of the attic."

"When developers give us training for these property consultants, this is training. And I work in this unit, so I trust it. " Mr. Sun said. He signed a commercial housing sales contract with the developer. The signing time is

20 10, 10, the construction area agreed in the contract is 92.33 square meters (including attic 27.68 square meters), the attic is per square meter 1900 yuan, and the residence is 3,200 yuan per square meter, with a total amount of.

259,472 yuan.

The area difference agreed in the contract is agreed by both parties, and the buyer does not return the house, and the price per square meter remains unchanged. The area agreed in the contract shall be based on the registered area of property rights, and the house price shall be calculated based on the area of property rights, with overpayment and underpayment.

After signing the contract, Mr. Sun paid the full amount. But later, his unit and the developer who sold his house asked him to pay the difference, because "the housing sales area does not match the measured property registration area".

According to the property survey report issued by Yichun Housing Surveying and Mapping Co., Ltd., the main hall area of the house purchased by Mr. Sun is 63.64 square meters, and the attic area is 58.08 square meters. The difference between the attic area and the contracted area is 30.4 square meters.

After Mr. Sun resigned from the company, he hired Qi Changjiang, a lawyer from Heilongjiang Senyao Law Firm, as an agent to sue Yichun Greentown Real Estate Company, the former company, and demanded the defendant to register the property right of 92.33 square meters in accordance with the contract, and pay the economic losses caused by the delay and breach of the property right registration.

The measured area of the house is very large. "Why don't you tell the truth when you buy a house?"

The French evening reporter learned that many owners of Longqiwan Community had the same experience. Lawyer Qi Changjiang filed a lawsuit on behalf of seven owners. Among these owners, the attic area is poor, and the area that needs to pay the house price ranges from 18 square meters to 32 square meters.

Another owner, Ms. Li, said that on 20 13, she was informed by the developer that she could apply for the real estate license, but she was told that she needed to pay 25 square meters for the house, otherwise she would not apply.

Ms. Li thinks she has been cheated. He said that when she talked with the salesman about buying a house, the other party said that she sold it by the set, but when signing the contract, she found that the area of flat floor and attic and the unit price per square meter were written in the house contract. The salesman said, "just sign it like this. Everyone does." Ms. Li said that she signed it without much thought.

Ms. Li admits that the actual area of the house she bought is indeed larger than that in the contract.

But what she can't accept is that the house was already built when she bought it. "Why don't you tell the truth when you buy a house?" She said that if she had known the actual area of the house, she would not have bought it.

Ms. Li also said that the owners, including themselves, and the developers signed not a pre-sale contract for commercial housing, but a contract for the sale of commercial housing. Since it is a commercial housing sales contract, we should determine the area.

According to the company, there is a gap after sales measurement according to the construction drawing area.

Why is there such a big difference between the area agreed in the contract and the actual area of the built house?

A reporter of Heilongjiang local TV program "News Reality" once interviewed the staff of Yichun Greentown Company. The staff said that the house was sold according to the area marked on the construction drawing, but after measurement, it was found that there was a gap between the actual area and the area on the drawing.

The staff said, "At that time, I was in a hurry to open the market, and the staff didn't quite understand it, thinking that the drawing area was accurate."

Regarding the problem of excessive difference in attic area, the person said that this is because the attic has a slope and the measurement is biased.

The person explained: Yichun Greentown Company is a newly established company, and Longqiwan Community is the first project, which is unprofessional in all aspects and leads to mistakes.

The developer didn't get the completion record certificate until the alleged illegal owner stayed for two years.

According to the house mapping report provided by Mr. Sun, Ms. Li and others, the signing date is 2065438+February 65438+September 2003. The owner had already moved in.

Ms. Li said: "Surveying and mapping data is accurate to centimeters, but how did your data come out?" No one went to my house! "

Several other owners also said that surveying and mapping personnel have never been received at home.

Surveying and mapping personnel in an interview with the "News Truth" reporter said that the housing area was "sampled" on the spot. However, local media reporters contacted the owner who was called "sampling" by the surveyor, and all the owners said that they had never been to the surveyor's house.

According to "People's Republic of China (PRC) Real Estate Management Law", real estate development projects can only be put into use after they are completed and accepted.

However, the reporter of French evening found from the residential completion project filing certificate, real estate surveying and mapping report and comprehensive acceptance certificate provided by Ms. Li that the time of three certificates was 20 13, that is, after Ms. Li stayed for two years.

"To buy a house, inform our owners to enter the house, and there is no owner's certificate of completion. Who knows that it didn't even have a project completion certificate at that time. " Mr. Sun said, when we went to court, we collected evidence and found out the irregularities of the developer.

The staff of Yichun Housing and Urban-Rural Development Bureau said in an interview with the reporter of News Truth, "This is an investment attraction project in our city. Under the specific circumstances of shantytown renovation at that time, the time was tight, the task was heavy and the construction period was short. We have opened a green channel for developers on this project, starting construction first and then completing this procedure. "

Trial? House prices should "retreat more and make up less" in the area of property rights.

As stipulated in the contract between the owner and the developer, if there is any difference between the area and the registered area of property rights, the registered area of property rights shall prevail. After the delivery of the commercial house, the registered area of the property right is different from the area agreed in the contract, and the buyer does not return the house, and the price per square meter remains unchanged. The area agreed in the contract shall prevail, and the house price shall be calculated based on the registered area of property rights, and the overpayment shall be made and the underpayment shall be made.

The reporter noticed that in the "area confirmation and area difference treatment" column of the contract, buyers have another choice, that is, "if the absolute value of the area error ratio is within 3% (including 3%), the house price will be settled according to the facts; If the absolute value of the area error ratio exceeds 3%, the buyer has the right to return the house ",which is also the treatment method stipulated by national laws, but the buyer did not choose this option.

Lawyer Qi Changjiang said, "The parties reported that they bought the house by suite at that time, and the plan was cheap, so I signed it."

On October 20 15, 1 1 year 10, Yichun intermediate people's court made final judgments on seven cases, all of which ended in "rejecting the claims".

The court's trial thinking is the same, that is, the commercial housing sales contract is the true expression of both parties, legal and effective, binding on both parties, and both parties should perform according to the contract.

In view of the difference in area, the original defendant agreed in the contract to use the area agreed in the contract as the area for property right registration, and the price per square meter remained unchanged, so the plaintiff asked the defendant to register the property right according to the contract, but the court refused to support it.

Lawyer's reminder? Can't you sign a house purchase contract? You should see more.

(The above answers were published on 20 16-03-3 1. Please refer to the actual situation for the current purchase policy. )

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