Analysis About Dispute Of Room Rate Shrink In Commercial Housing Sales Cases Of Zhu Mou V.yun Heng Company And Etc

With the acceleration of new urbanization and the deepening of housing system reform in China,the real estate industry has developed into a pillar industry of the national economy,purchase of commercial housing has become the most important way for the people to solve housing problems,the market of commercial housing transaction is becoming more and more active,disputes over commercial housing sales contracts increased sharply.Among them,disputes about the difference between the predicted building area stipulated in the contract and the actual delivery of the measured building area occupy a large proportion,especially the so-called "room rate" shrink(refers to the actual delivery of commercial housing in accordance with the construction area of the contract,but the proportion of built-up area within the set reduced and the proportion of shared building area increased),caused widespread concern in society.In the dispute of room rate shrink in commercial housing sales Cases of Zhu Mou v.Yun Heng Company and etc.the real estate surveying and mapping agency commissioned by the developer when the commercial housing is pre-sale misreading construction drawings and incorporating part of the area that should be included in the shared building area into the housing area,causing the housing price disputes between developers and buyers.Based on the analysis of three cases,the key to dealing with disputes lies in:one is that the developer has delivered the "room rate" shrunk more than 3% of commercial housing constitutes a breach;two is clear the principle of "rate of acquisition" shrinking commodity housing price settlement,the developer should compensate the buyers to reduce the price of the building area in the set,the purchaser should return to the developer that to increase the share of the building area price,the developer can compensate the surveying and mapping institutions according to law for the losses incurred by default.In order to effectively prevent the disputes of the "room rate shrink" of commercial housing sales.Firstly,we must strengthen the management of real estate surveying and mapping industry.We will improve the standards and norms for real estate surveying and mapping,strictly enforce the Qualification Access and follow-up education of real estate surveying and mapping units and personnel,and implement the system of accountability and punishment for wrongful cases.Secondly,to improve the way of valuation of commercial housing sales,commercial housing sales should be based onthe built-in floor area and the spread of floor area for pricing respectively.Thirdly,we should improve the legal provisions for the breach of commercial housing construction area.Define the way to deal with the error of valuation area and the way to deal with the error of "room rate".Set the upper limit of the error ratio of building area and rate of "room rate",which can be freely agreed by the buyers and sellers.Reduce the threshold of "double return rule" and expand its scope of application.