Buying housing difference discount?Evidence shows that this is not good

Due to the difference in the area difference between the house buyer, the developer filed a lawsuit. The buyer advocated that the preferential policy promised by the developer had not been fulfilled, and the counterclaim requested that it refunded the purchase of the house. The Haidian Court tried that evidence showed that the benefit of the preferential policy of buying a house does not include the buyer, and the collection party of the relevant house purchase intention is not a developer. The price difference of 10,000 yuan houses and rejected all its counterclaim requests.

Simplified case

Fang Duoduo complained that it established the "Pre -sale of commercial housing in Beijing" with Mr. Liu, which agreed to buy a house 602 of a community developed by Mr. Liu. 110 square meters, the shared parts and the shared houses share the construction area of ​​30 square meters. The house is priced in the construction area in the set, and the unit price is 60,000 yuan per square meter. After the house was completed, the actual building area of ​​the house was 141 square meters, of which the building area in the set was 111 square meters. The construction area in the measured suit is 1 square meter than the construction area in the predicted suit. According to the contract, Mr. Liu should pay the house with a differential area of ​​60,000 yuan to the company before check -in. However, after receiving the house in March 2020, Mr. Liu has never paid the area of ​​different houses to the company.

Mr. Liu argued that he agreed to pay the difference in the house, but before buying a house, Fang Duoduo launched a variety of preferential policies to it, including paying 100,000 yuan to deduct 200,000 yuan in discounts, but when the house payment was paid at the end, Due to the negligence of Fang Duoduo, the above discounts were not used for the houses purchased by Mr. Liu, which caused Mr. Liu to pay more than 200,000 yuan of house purchase funds than the same floor and the same area. Therefore, Mr. Liu's counterclaim asked Fangduo Company to refund 200,000 yuan to buy a house.

Fang Duoduo argued that he did not agree to refund the house purchase funds. First of all, the pre -sale contract reached by the company and Mr. Liu is the true meaning of the two parties. The relevant preferential policies have been reflected in the total price of Mr. Liu's sales, and the price is the real transaction price; second, Mr. Liu described the neighbors of Mr. Liu, the neighbor’s neighbor’s’s from the neighbors of the neighbors House prices are low because of the factors of house transaction prices due to various factors, including purchase time and the ability of owners to talk about price. Mr. Liu's evidence is not enough to prove that he enjoys the same preferential policies as neighbors.

Council trial

After hearing, the court believed that the focus of the controversy in this case was whether the preferential policies of the house purchases mentioned in Mr. Liu existed. Regarding the discount of "paying 100,000 yuan to deduct 200,000 yuan", although Mr. Liu submitted evidence such as the "Promoting Disables Disables", WeChat Records, Dialogue Recording and other evidence of the real estate involved in the case, the holders of the above discount reduction order were not Mr. Liu, and Mr. Liu. It is his neighbor, and in the dialogue recording of Mr. Liu with his sales, sales also clearly denied that Mr. Liu enjoyed the above preferential policies. Not enough to prove that Mr. Liu enjoys this offer.

In summary, the court believes that Mr. Liu advocated that the counter -prosecution request of 200,000 yuan to buy a house for a house lacks facts and legal basis. All counterclaim requests.

After the verdict, the parties of the two sides were not appealed, and the judgment was now effective.

Legal statement

1. What should I do when there are differences in the actual transfer area?

In accordance with the provisions of Article 14 of the Supreme People's Court on Several Issues of the Application of Laws on the Application of Laws of the Disputes on the Sale of Commercial Housing Sale Contracts [2003] No. 14, the seller delivered the application area or building area and the commercial housing sales contract If the agreed area does not meet, if the contract is agreed, it is processed in accordance with the agreement; if the contract is not agreed or the agreement is not clear, the two types of conditions are distinguished: (1) the seller's delivery of the house area, if the area error ratio is absolute value of 3%, 3% Inside (including 3%), settlement according to the price agreed in the contract; the absolute value ratio of the area error ratio exceeds 3%. The buyer enjoys the right to terminate the contract. ) Some housing prices are supplemented by the buyer at the agreed price, and the area error ratio of more than 3%of the housing price buyers do not need to pay and ownership of the buyer; The housing price and interest of the error ratio within 3%(including 3%) are returned by the seller back to the buyer. The house price of the area error ratio of more than 3%is doubled by the seller.

Therefore, when the actual delivery of the house area is not in line with the pre -sale contract area, first review whether the buyer and the seller are concluded in advance. If there is It is stipulated that the difference in the distinction area reaches 3%to distinguish the treatment. In this case, Mr. Liu's real estate area overflows does not exceed 3%, so it should pay the corresponding house payment according to the original house unit price.

2. How to determine the preferential policies when buying a house?

During the sales of commercial housing, developers may launch different preferential policies at different stages, and the high and low housing prices are also related to buyers' negotiation ability. Under the circumstances of illegal acts, preferential policies in a certain transaction should not be used as a reasonable basis for comparing other transactions. The contract is relatively relative, and the relevant rights and obligations of the contract stipulate that there are binding power to the contract signing. Therefore, as a buyer, the promise party and counterpart of the preferential policy should be correctly distinguished. For example, in this case, Mr. Liu's preferential policies advocated by Mr. Liu are his neighbors, not Mr. Liu. Therefore, Mr. Liu has no right to claim that the Housuo company refund the so -called "house purchase difference" based on this. In addition, the most important point is that the relevant purchase contracts in this case have been fulfilled, that is, the seller has paid the house according to the contract, and the buyer has also paid in accordance with the contract and collects the house. Mr. Liu did not objection to the total price of the house until the lawsuit in this case, which can also predecessors that the two parties negotiated the preferential policies on house purchase, and eventually reflected in the total price of the house. Lack of facts and legal basis cannot be supported.

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