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Position:Aides home buyers

Dispute: Housing area shrink but times doubler return still buy house fund

From;    Author:Stand originally

The area shrink problem in contract of commodity house business, it is an issue with stronger report of the person that buy a house currently. The reporter learns from forensic respect, if consumer encountered the situation that buys room area shrink newly, shrink area exceeds certain limitation, can put forward times doubler return what still buy house fund to appeal to beg, will win support.

Shenyang citizen Jiang Mou was in Shenyang city in June 2003 Shen He bought two place house near area youth ave, total floor area is 552.74 square metre. After the contract is signed, jiang some pay sum buys house fund. Later, jiang thinks the building is actual area and contract agreement area not agree with, in August 2003 to lodge a complaint, the requirement reachs legal provision to return money of price difference of area of the house that return a house by contract agreement more than yuan 120 thousand.

Via mapping of branch of house property mapping, on this building land one is 532.68 square metre to 2 floor area. If calculate,go up basement area, it is 587.28 square metre. Because both sides does not have pair of basement to make an agreement, development company with the building actual area is more than contract agreement area, put forward countercharge in September at of the same age, the request fills make the money that buy a house more than yuan 89 thousand.

The focal problem of this incident is Jiang Mou whether to answer basement part to assume pay liability issue. 2 careful court thinks, both sides signs " contract of commodity house business " it is to develop the format chemical combination that the company offers to be the same as, hit in the blank space place of basement part " X " symbol. Sign in both sides " contract of commodity house business " the regulation in showing the 5th: "Did not happen to actual condition or buyers and sellers does not make an agreement, should delimit in blank space place X, delete in order to show. " as a result of this basement cannot self-existent, must transfer along with all the others along with the building, and betray a person to was not made when betray agree separately, according to trade habit, the court thinks the most logical explanation is: This basement transfers vendee along with building free. Accordingly, jiang Mou need not be assumed to basement part pay responsibility. The court adjudicates development company returns the someone that return Jiang finally civilian money more than yuan 120 thousand.

Zhang Dongbo of presiding judge of the 2nd civil court says court of Shenyang city intermediate people, commodity house and general merchandise are different, people can carry general merchandise naked eye can discover " be short of jin little two " , and the measurement with commodity house professional need, ability discovers area error, together with is communal the apportion of the area is professional very strong issue, ordinary common people masters very hard. Some development business exploit this one weakness of the person that buy a house just about, be in intentionally when signing a contract, through equallying shared punch-drunkly the area makes the actual area of consumer goods house greatly shrink, some development business also calculate the meeting place inside the village, garage, basement even entered equally shared the area.
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