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What should I do if the purchased relocated house exceeds the area?
First, what should I do if the purchased relocated house exceeds the area? There is an agreement, but there is no agreement to refer to the following laws to deal with Article 14 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts. If the building 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 absolute value of the area error ratio is within 3% (including 3%), the settlement shall be made according to the price agreed in the contract. If the buyer requests to terminate the contract, it 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. Second, how to avoid the risk of buying relocated houses? (1) Investigate the strength of developers. In this case, if it is "must buy", it is necessary to examine the strength of the demolished developer. If the developer's funds operate well, the project is launched quickly and the construction speed is fast, then what is the speed of relocation? The real estate license is relatively secure. (2) Rent before buying. If both parties are satisfied, the intermediary company suggests that both parties sign an agreement to pay the monthly deposit in the form of rent; After the property right certificate of the relocated house is completed, the rent will be converted into a down payment; You can also make a mortgage. This way can protect the rights and interests of both parties. (3) Through coordination, let the developer rename the demolition agreement signed with the relocated households as the actual purchaser. But now many developers are reluctant to do so. (4) When buying a house, carefully examine all relocation materials such as the relocation agreement, sign a house purchase agreement with the relocated households as detailed as possible, and clarify their respective rights and obligations. The relocated households are liable for breach of contract. (5) To avoid one-time payment, you can pay by installment: pay a part first, then pay a part after the real estate license is processed, and then pay it off after the transfer registration. The best way to pay is to go to the notary office for notarization, that is, to hand over the purchase money to the notary office for escrow, and after the transfer registration is completed, the relocated households will receive it from the notary office. Some people think that notarization of sales agreement can avoid risks through notary office. In fact, this is a misunderstanding due to ignorance of notarization business. Notarization of sales agreement generally only proves that the signatures of buyers and sellers on legal and effective agreements are true and voluntary. As for this kind of sales agreement, the notary office will not notarize it because the legality review does not pass. Because the measured area of some relocated houses will exceed the area agreed in the contract, the dividing line stipulated by law is 3% error. In fact, if the error value has exceeded 3%, the buyer has the right to request the termination of the contract in this case. If both the buyer and the seller are unwilling, the buyer will make up the part within 3%, and the excess part has nothing to do with the buyer.