Double compensation not applicable to affordable housing

Xinhuanet Zhejiang channel June 3 Mr. Huang signed a house purchase contract with the developer at the end of last year. The contract stipulated that the construction area should be 105.14 m² square meters, of which 80 m² square meters of affordable housing and 25.14 m² square meters of commercial housing. At the same time, it was agreed that the deadline for the delivery of the house on. However, it was not until April 28 that the developer informed Mr. Huang to take the house, and the actual area of the house reduced by more than 6 m², with a difference of 5.71%. Yesterday, 18 members

The owner entrusted Mr. Huang to call 85051890 and asked if he could receive double compensation for his affordable housing.

In an interview with reporters, Lawyer Liu chenglin of Zhejiang Liuhe law firm clearly pointed out: "The judicial interpretation of the High Court is not applicable to capital housing, housing reform, and affordable housing. This is without doubt ." Because there are various types of houses in China, such as housing reform, affordable housing, and enterprise-level housing. These types of houses cannot be purchased or sold freely, and their transactions must be adjusted by national policies. For example, if you need to pay the land transfer fee, the price equivalent to the land transfer fee, or the property can only be sold after a certain period of living. From the actual situation of the real estate market, the mainstream of housing sales is the sale of commercial housing, the Court accepted the housing sales disputes mainly from commercial housing. Therefore, the judicial interpretation clearly limits the scope of adjustment to commercial housing sales.

However, Mr. Huang does not need to worry. According to the house purchase contract, article 5 clearly states: "After the affordable housing is delivered, the property right registration area differs from the area agreed in the contract. The two Parties agree to follow the steps below: (1) the absolute area error ratio is less than 3% (including 3%), and is settled based on the actual area. (2) If the absolute area error exceeds 3%, the buyer has the right to check out. If the buyer does not check out, when the property right registration area is greater than the agreed area, the buyer makes up the amount of the house with the area error ratio less than 3% (including 3%; the seller is responsible for the price exceeding 3%, and the property right is the buyer. When the property right registration area is smaller than the contract registration area, the seller will return the house price with the area error ratio less than 3% of the absolute value; if the absolute value of the price exceeds 3%, the seller will double the payment to the buyer."

Lawyer Liu believes that, although Mr. Huang purchased affordable housing, the judicial interpretation of this case does not apply to the house he purchased. However, due to the fact that the House Purchase Contract makes clear provisions on the area difference, therefore, the law supports handling as agreed. For example, in the past, all units used to provide similar services to employees after five years of property rights. Although the laws on the sale of commercial housing do not specifically cover these contents, however, the law still supports such an agreement.