The legal blank of the dispute of the high shrinkage compensation in commercial housing

Ming know their own purchase of the house layer is not high enough, but suffer from the original when buying a house not with the room to sign related breach of contract responsibility, in the absence of a clear layer of "shrinkage" in the existing law, the residents of Liuzhou, Guangxi province, Mr. Liu himself "concocted" a compensation "new standard"-the volume of the measurement of losses, to the court to sue the housing business. House floor "Shrink" Mr. Liu told reporters that May 3, 2007 and July 28, their two total payment of 222946 yuan, and Liuzhou a real estate development limited Liability company signed a purchase contract, in Liu Yong Road liuzhou Sunwin Fu International hardware electromechanical City bought two pre-sale commercial housing.　　A set of 1 building 5 floor, the cover area of 32.68 square meters, used for office, the contract agreed to a high level of 3.2 meters, May 31, 2008, another set in 9 5 top floor, the cover area of 36 square meters, used for warehousing, the contract agreed to a high level of 3.7 meters, October 31, 2007 delivery. However, the house is not only overdue, and Mr. Liu got the house, only to find that the height of the two houses are shrinking. After measurement, Mr. Liu found that 1 of the office room is only 2.85 meters high, even with 15 centimeters of floor thickness, the house layer is only 3 meters high, and the contract agreed that the layer is less than 20 cm, 9 of the storage room, the layer of high shrinkage more serious.　　According to Mr. Liu, the roof of this house is a bevel, measured, he found that the highest layer of height of only 3.6 meters, the lowest even only 2.4 meters, the average level of 3 meters high, and the contract agreed that the layer is less than 70 centimeters. So Mr. Liu on the other side of the breach, from 2008 to 2010, many times to demand real estate developers compensation. However, real estate developers said that 1 of the house, the planning layer is actually 3 meters high,　　The contract is written 3.2 meters, it is a clerical error for their sales staff, and, according to the construction of the national housing standards, housing not less than 2.2 meters in line with the standard room; although admitted that 9 of the House does have a high level of problems, but said the other side, only willing to check out Mr. Liu or room, because the current state of the high shrinkage and no compensation standards. Self-made "compensation standard" "Although the state does not have the relevant compensation standards, but I really can't swallow this tone." Mr. Liu said that he bought a house not for living, is used for office and warehousing, the value of the storage room is the size of its space, the layer of high shrinkage, can store things will be reduced, even though some of the higher but the original can also be put into the goods could not be stored; and the office of High Shrinkage, It also makes people feel repressed.　　But because originally in and Fangkai signed a purchase contract, the two sides did not meet the high level of non-compliance with any agreement, this let Mr. Liu was helpless. After repeated thinking, he thought that if the size of the house to calculate house prices, then the layer of high shrinkage of the "problem" can be solved, after all, the layer of high shrinkage, the volume of the house must also shrink accordingly. After the calculation, the room opened more than 1 of their own house that set 11254.99 yuan Room, 9 of the set also overcharged24248.70 Yuan, he felt that the room should be on the basis of the money back to their own.　　This compensation calculation standard, has not been recognized by real estate developers, the reason is the purchase contract, the housing section is based on the area, is not based on the volume and height of the calculation, and the state does not have the relevant basis for the volume and height to calculate the level of shrinkage of the compensation standards.　　Helpless, Mr. Liu to Liuzhou Liunan District People's Court, request the court to decree real estate developers based on his thought out of the compensation standard, compensation for their own house layer of loss of high shrinkage; At the same time, to the court to request the House to pay overdue payment of damages and other litigation requests. No corresponding compensation this May 20, after the court hearing, the court found that the real estate developers for more than 77 days and 62 days before the house to Mr. Liu, has constituted a breach of contract, The decree of the contract for payment of the liquidated damages of Mr. Liu amounted to 1543.03 yuan; Although the actual height of the house is not in line with the contract, the real estate developers have constituted a de facto default, but the court dismissed the claim because he thought that Mr.　　Mr. Liu was so depressed that he didn't get the corresponding compensation. "We haven't had any complaints about the high shrinkage of the housing floor." "November 10, Liuzhou City Construction Bureau, a housing Development department staff said.　　According to its introduction, for the high level of housing shrinkage should be how to compensate, the country does not have a unified standard, so far is still a legal gap. Once buyers buy a flat that is shrinking, even if there is no uniform standard of compensation stipulated by law, it can also be claimed according to the contract. Tong Wang law firm Liuzhou Branch lawyer Mo that in the case, in the current law does not stipulate that the contract is not agreed to deal with the high level of shrinkage, if Mr. Liu is not from the subjective, himself "concocted" a compensation standard, It is the objective proposition that the accreditation agencies to the same lot in line with the agreed-storey houses and layers of high shrinkage of the house evaluation appraisal, compensation for the difference, or may be adopted by the Court, although this may be more troublesome.　　And for this legal gap, Mo to remind the vast number of home buyers, in order to prevent the purchase of a layer of high shrinkage of the house without claim basis and standards, buyers in the house with the purchase and sale contract, it is best to the level of compensation for shrinkage and how to determine the amount of compensation agreed. At present, Mr. Liu has been to Guangxi Liuzhou City Trade and Industry Bureau of Public and Consumer complaints. (Reporter Moxiao Changxin correspondent Huangjie)