5 cm, retreating 6.47 million!

"China Business Daily"

2.95 meters high

The layer height was only 2.9 meters during the delivery and acceptance of the house

If you have a height of 5cm, can you refund it?

The court was sentenced!

In March 2018, Ms. Sun of Nantong, Jiangsu purchased a local real estate commercial house from a developer, and the two parties signed the "Commodity House Sale Contract (Pre -sale)".

In addition to the contract area (188.78 square meters), price (4162599 yuan), delivery conditions and procedures, house quality and warranty responsibilities, respectively, it also clearly agreed that the housing floor height is 2.95 meters, and the area difference is agreed The processing method is to make up according to the actual area error ratio. After the contract was signed, Ms. Sun paid all the house purchase funds as appointments.

In January 2020, during the acceptance of the house, Ms. Sun found that the actual height of the house was only 2.9 meters, which was 5 cm compared with the contract agreed, and the error ratio was about 1.695%.

After applying for government information disclosure, the Nantong Housing and Urban -Rural Development Bureau issued the "Answers to Government Information Disclosure Application" in accordance with the law. Meter.

Based on this, Ms. Sun filed a lawsuit to the Chongchuan Court, advocating the method of processing the area of ​​the commercial housing area, and requested that the court to order the developer to return the purchase of 70556.05 yuan for the proportion of the corresponding proportion of the high error.

Nantong Chongchuan Court tried that Ms. Sun had paid the purchase fund in full, and the developer should deliver the commercial houses stipulated in the contract on time. Although the actual height of the house involved in the house is in line with the relevant "residential design specifications", it is lower than that of the contract agreed layer. It belongs to the performance of the contract and does not meet the agreement. Developers shall bear the liability for breach of contract.

In view of the fact that the two parties did not make an agreement on the liability for liability for decreased layer height in the contract, and failed to reach an agreement afterwards. The law is evident.

As for the criteria for compensation loss, the actual height reduction has led to the corresponding reduction of the available space of the house, which objectively causes some losses to the buyers. In the law, the Chongchuan Court then judged that developers returned to Ms. Sun's house difference of 70556.05 yuan at 1.695%at a high error ratio of 1.695%.

A total of 61 owners of the building involved in the height of the building, and the Chongchuan Court made a judgment with reference to Ms. Sun's case.

Defense of the developer's judgment on the first instance appealed. Recently, the Nantong Intermediate People's Court rejected the appeal in the second instance and maintained the original sentence. The compensation amount of 61 households is 6472835.62 yuan, and all developers have taken the initiative to perform.

Why is it so judged?

Ge Meiling, president of the Chongchuan Court Construction Project and Real Estate Judgment, said that the design and construction of real estate development projects must meet the relevant national standards and specifications. At the same time Essence The problem of layer height shrinking 律 has not made clear stipulations in the law, and the amount or calculation method of losses is generally not agreed in the contract. How to evaluate the liability for breach of contract and determine the amount of losses compensation has become an urgent problem in practice.

Given that real estate development projects must be delivered after completion acceptance, the height of the houses sold by developers generally meet the national compulsory standards. The problem of "shrinking" layers generally does not seriously affect normal residence and use, nor does it achieve the impossible level of the purpose of the contract. Generally, it does not constitute a fundamental breach of contract. However, "shrinking" in the height, the developers obviously failed to fulfill their obligations in accordance with the contract. According to Article 577 of the "People's Republic of China", developers shall bear liability for breach of contracts such as continuing to perform, taking remedial measures or compensation for losses. Because the height of the house can no longer be changed, and the remedial measures cannot be taken objectively, the buyer has the right to ask developers to compensate for losses.

The purpose of the contract for the buyer of the commercial house is based on the use of the overall space of the house they purchased. The reduction of the actual height has caused the house to use space to be reduced accordingly. At the same time, the "shrinkage" of the layer will directly lead The cost, building cost and real estate development costs, developers can reduce costs and benefit from it. Furthermore, the "shrinking" of the floor also reduces the market value of the re -transaction of houses to a certain extent. bear.

In summary, in the case of unsurprising losses of high shrinkage losses in the contract, the principle of fairness and the principles of honesty trust should be comprehensively considered to comprehensively consider the performance of the contract, the expected interests of the parties, the actual error of the layer high, the value of the house and the value of the house and the value of the house and the value of the house and the value of the house and the value of the house and the value of the house and the value of the house. The impact of market value and the level of economic and social development can be more reasonable to calculate the high error of the computing layer than the real settlement of house prices.

Source: Jiangsu News, Nantong Chongzhou Court

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