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The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts

Article 13 If the buyer requests to cancel the contract and compensate for the losses due to the quality problems of the house that seriously affect the normal living and use, it shall be supported.

If the house delivered for use has quality problems, the seller shall bear the maintenance responsibility during the warranty period; If the seller refuses to repair or delays the repair within a reasonable period of time, the buyer may repair it by himself or entrust others to repair it. The repair costs and other losses caused during the repair period shall be borne by the seller.

Article 14 The interior construction area or construction area of the house delivered by the seller is inconsistent with the area agreed in the commercial housing sales contract. If there is an agreement in the contract, it shall be handled according to the agreement; If there is no agreement or unclear agreement in the contract, it shall be handled according to the following principles:

(1) If the absolute value of the area error ratio is less than 3% (including 3%), the settlement shall be made at the price agreed in the contract, and the buyer's request to terminate the contract will not be supported;

(2) If the absolute value of the area error ratio exceeds 3%, the buyer's request to terminate 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 the area error ratio within 3% (including 3%) and the interest shall be returned by the seller to the buyer, and the part with the area error ratio exceeding 3% shall be returned by the seller to the buyer twice.

Article 15 According to Article 94 of the Contract Law, if the seller delays the delivery of the house or the buyer delays the payment of the house price and fails to perform it within a reasonable period of three months after being urged, if one party requests to terminate the contract, it shall be supported, unless otherwise agreed by the parties.

If there is no law or agreement between the parties, the reasonable time limit for exercising the right of cancellation is three months after the other party's demand. If the other party fails to ask for a notice, the cancellation right shall be exercised within one year from the date of the cancellation right; If it is not exercised within the time limit, the right of revocation shall be extinguished.

Article 16 Where a party requests a reduction on the grounds that the agreed liquidated damages are too high, it shall reduce them appropriately on the basis that the liquidated damages exceed 30% of the losses caused; If the parties demand an increase on the grounds that the agreed liquidated damages are lower than the losses caused, the amount of liquidated damages shall be determined according to the losses caused by the breach of contract.

Seventeenth commercial housing sales contract does not stipulate the amount of liquidated damages or loss compensation calculation method, the amount of liquidated damages or loss compensation can be determined with reference to the following standards:

If the payment is overdue, it shall be calculated according to the standard for collecting overdue loan interest of financial institutions stipulated by the People's Bank of China.

Overdue delivery, in accordance with the relevant authorities announced or qualified real estate assessment agencies to assess the same lot of similar housing rent standards during the overdue delivery.

Article 18 If the buyer fails to obtain the house ownership certificate at the expiration of the following period due to the seller's reasons, the seller shall be liable for breach of contract unless otherwise agreed by both parties:

(a) the registration period of housing ownership agreed in the commercial housing sales contract;

(two) the subject matter of the commercial housing sales contract is an unfinished house, 90 days from the date of delivery of the house;

(3) The subject matter of the commercial housing sales contract is the completed house, which is 90 days from the date of conclusion of the contract.

If there is no liquidated damages stipulated in the contract or the amount of loss is difficult to determine, it can be calculated according to the total amount of house purchase money paid and with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China.

Article 19 If the registration period of house ownership agreed in Article 33 of the Commodity House Sales Contract or the Regulations on the Administration of Urban Real Estate Development and Operation expires for more than one year, and the buyer cannot handle the registration of house ownership due to the seller's reasons, and the buyer requests to terminate the contract and compensate for the losses, it shall be supported.