Sales agreement for the use of housing
Sales agreement for the use of housing
In view of the fact that many disputes in the real estate market originate from the area data, in order to reduce the disputes arising from the area problem when the house is delivered and used, and to protect the legitimate rights and interests of both buyers and sellers, the seller and the buyer are willing to use the area of the set as the basis for settlement of the house price. In accordance with the principle of honesty, credit, equality and voluntariness, after the friendly negotiation between the two parties, the terms of the area of use within the house are now as follows:
1. Area definition: The area used in the sleeve is equal to the sum of the used area of each functional space in the set. The space used by each functional space is equal to the sum of the horizontal projected areas enclosed by the inner surface of each functional space wall. The so-called functional use space includes the bedroom. Living room, kitchen, bathroom, dining room, hall, aisle, front room, storage room, closet, etc.
2. Type of area: The provisional area referred to in this Agreement refers to the area measured according to the drawings provided by the seller before the house is delivered. The measured area referred to in this Agreement refers to the area data obtained by the relevant measurement agency after the completion of the housing project according to the relevant regulations.
III. Area agreement: The seller and the buyer shall, according to the provisions of Article 20 of the “Commodity House Sale and Purchase Contract” signed by the two parties, the use area of the house purchased by the buyer shall be square meters, and the area within the temporary test set shall be used. The results are based on the floor plan paper provided by the seller.
Area error rate = | Temporary test set area - Actual use area of the test set | ÷ Temporary test set area × 100%
IV. Error Handling 1: After the actual use of the area used in the house purchased by the buyer, if there is an error in the area used in the actual test set and the area used in the temporary test set, the use area in the actual test set is larger than that in the temporary test set. At the time of the area, the buyer does not have to pay the excess price.
V. Error Handling 2: If the area used in the actual test set is smaller than the area used in the temporary test set, and the absolute value of the area error rate is within 3%, the seller shall provide the buyer with the measured area data of the commercial house. In the day, the buyer will be refunded the difference in the price of the house.
House price difference = [÷ Temporary test set area] 100% × total house price.
6. Error Handling 3: If the area used in the actual test sleeve is smaller than the area used in the temporary test set, and the absolute value of the area error rate exceeds 3%, the buyer shall use the area in the actual test set of the commercial house issued by the seller to the buyer. Check-out is available within 30 days after the report. If the buyer does not submit the check-out request in writing within the time limit, it shall be deemed that the buyer accepts the area used in the actual measurement of the house; within 30 days after the report of the measured area of the commercial house is issued to the buyer, the area error rate More than 3% of the part, the buyer doubled the difference in the housing price of the part; the part of the area error rate within 3% of the absolute value is still refunded to the buyer according to the provisions of the preceding article.
VII. Area value: The building area, the building area of the building, the public part and the shared building area of the public housing and the area used in the package mentioned in Article 3 of this Agreement are all tentatively measured; The measured building area of the house is still used as the basis for the settlement of the ownership registration, payment of taxes and property management by the seller or other relevant institutions.
8. Measurement organization: When measuring the area data, the surveyed organization that is hired shall have the qualification for commercial housing measurement approved by the relevant government departments.
IX. Example of area: In order to facilitate the understanding and application of this Agreement, the following examples are given as follows:
1. Temporary test area: There is a square room with a total price of 1 million yuan. The four walls are of equal length. Standing indoors and taking the intersection of two walls as the starting point and the end point, the distance between any point and the end point is 10 meters. The inner wall circumference is 4×10=40 meters and the wall thickness is 30 cm. The door is 100 cm wide, so the tentative measurement data for the inside use area is 10 × 10 = 100 square meters.
2. The measured area increases: If the used area of the measured set is more than 100 square meters after the completion of the house, the buyer can only pay 1 million yuan, and there is no need to settle separately.
3. The measured area is reduced by one: when the used area of the measured set is less than 100 square meters but greater than 97 square meters, for example, the measured area is 98 square meters, the seller refunds the buyer to the buyer for the difference of the house price.
The specific amount of the difference is [/100] × 100% × 1 million = 20,000 yuan.
4. The measured area is reduced by two: when the used area in the measured set is less than 97 square meters, for example, 95 square meters, the buyer can choose to cancel or not release the "commodity sale contract"; when the "commodity sale contract" is not lifted Next, the seller pays the buyer the difference in the area price,
The amount of the difference is [/100] × 100% × 1 million × 2+ [/ 100] × 100% × 1 million = 40,000 yuan + 30,000 yuan = 70,000 yuan.
X. Other Provisions: This Agreement is signed at the same time as the Commercial Property Contract. It has the same legal effect. If there is any inconsistency between this Agreement and the Commercial Housing Contract, this Agreement shall prevail; this Agreement shall be written in Chinese, and any translation shall be For reference, if the terms or meanings of other texts are inconsistent with the Chinese text, the Chinese version shall prevail; this Agreement shall be in duplicate, the seller shall be responsible for the goods, the buyer shall be responsible for the copy, and the registration and registration agency for the house sale and purchase contract shall be deemed to be Each share has the same legal effect.
Seller: Buyer:
In view of the fact that many disputes in the real estate market originate from the area data, in order to reduce the disputes arising from the area problem when the house is delivered and used, and to protect the legitimate rights and interests of both buyers and sellers, the seller and the buyer are willing to use the area of the set as the basis for settlement of the house price. In accordance with the principle of honesty, credit, equality and voluntariness, after the friendly negotiation between the two parties, the terms of the area of use within the house are now as follows:
1. Area definition: The area used in the sleeve is equal to the sum of the used area of each functional space in the set. The space used by each functional space is equal to the sum of the horizontal projected areas enclosed by the inner surface of each functional space wall. The so-called functional use space includes the bedroom. Living room, kitchen, bathroom, dining room, hall, aisle, front room, storage room, closet, etc.
2. Type of area: The provisional area referred to in this Agreement refers to the area measured according to the drawings provided by the seller before the house is delivered. The measured area referred to in this Agreement refers to the area data obtained by the relevant measurement agency after the completion of the housing project according to the relevant regulations.
III. Area agreement: The seller and the buyer shall, according to the provisions of Article 20 of the “Commodity House Sale and Purchase Contract” signed by the two parties, the use area of the house purchased by the buyer shall be square meters, and the area within the temporary test set shall be used. The results are based on the floor plan paper provided by the seller.
Area error rate = | Temporary test set area - Actual use area of the test set | ÷ Temporary test set area × 100%
IV. Error Handling 1: After the actual use of the area used in the house purchased by the buyer, if there is an error in the area used in the actual test set and the area used in the temporary test set, the use area in the actual test set is larger than that in the temporary test set. At the time of the area, the buyer does not have to pay the excess price.
V. Error Handling 2: If the area used in the actual test set is smaller than the area used in the temporary test set, and the absolute value of the area error rate is within 3%, the seller shall provide the buyer with the measured area data of the commercial house. In the day, the buyer will be refunded the difference in the price of the house.
House price difference = [÷ Temporary test set area] 100% × total house price.
6. Error Handling 3: If the area used in the actual test sleeve is smaller than the area used in the temporary test set, and the absolute value of the area error rate exceeds 3%, the buyer shall use the area in the actual test set of the commercial house issued by the seller to the buyer. Check-out is available within 30 days after the report. If the buyer does not submit the check-out request in writing within the time limit, it shall be deemed that the buyer accepts the area used in the actual measurement of the house; within 30 days after the report of the measured area of the commercial house is issued to the buyer, the area error rate More than 3% of the part, the buyer doubled the difference in the housing price of the part; the part of the area error rate within 3% of the absolute value is still refunded to the buyer according to the provisions of the preceding article.
VII. Area value: The building area, the building area of the building, the public part and the shared building area of the public housing and the area used in the package mentioned in Article 3 of this Agreement are all tentatively measured; The measured building area of the house is still used as the basis for the settlement of the ownership registration, payment of taxes and property management by the seller or other relevant institutions.
8. Measurement organization: When measuring the area data, the surveyed organization that is hired shall have the qualification for commercial housing measurement approved by the relevant government departments.
IX. Example of area: In order to facilitate the understanding and application of this Agreement, the following examples are given as follows:
1. Temporary test area: There is a square room with a total price of 1 million yuan. The four walls are of equal length. Standing indoors and taking the intersection of two walls as the starting point and the end point, the distance between any point and the end point is 10 meters. The inner wall circumference is 4×10=40 meters and the wall thickness is 30 cm. The door is 100 cm wide, so the tentative measurement data for the inside use area is 10 × 10 = 100 square meters.
2. The measured area increases: If the used area of the measured set is more than 100 square meters after the completion of the house, the buyer can only pay 1 million yuan, and there is no need to settle separately.
3. The measured area is reduced by one: when the used area of the measured set is less than 100 square meters but greater than 97 square meters, for example, the measured area is 98 square meters, the seller refunds the buyer to the buyer for the difference of the house price.
The specific amount of the difference is [/100] × 100% × 1 million = 20,000 yuan.
4. The measured area is reduced by two: when the used area in the measured set is less than 97 square meters, for example, 95 square meters, the buyer can choose to cancel or not release the "commodity sale contract"; when the "commodity sale contract" is not lifted Next, the seller pays the buyer the difference in the area price,
The amount of the difference is [/100] × 100% × 1 million × 2+ [/ 100] × 100% × 1 million = 40,000 yuan + 30,000 yuan = 70,000 yuan.
X. Other Provisions: This Agreement is signed at the same time as the Commercial Property Contract. It has the same legal effect. If there is any inconsistency between this Agreement and the Commercial Housing Contract, this Agreement shall prevail; this Agreement shall be written in Chinese, and any translation shall be For reference, if the terms or meanings of other texts are inconsistent with the Chinese text, the Chinese version shall prevail; this Agreement shall be in duplicate, the seller shall be responsible for the goods, the buyer shall be responsible for the copy, and the registration and registration agency for the house sale and purchase contract shall be deemed to be Each share has the same legal effect.
Seller: Buyer:
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