| In recent years,the real estate developers use the commercial housing fair area to cheat and exploit the buyers,which directly leads to the public’s abhorrence of the fair area,and they are eager to "Cancel" the fair area.However,under the current housing form of closed community,blind "cancellation" of shared area is not enough to fundamentally solve the problem.As the market disorder of the shared area in the sale of commercial housing becomes more and more serious,the number of disputes caused by the error of the shared area also increases year by year.However,due to the imperfection of relevant laws and regulations,the court’s judgment on such cases is in a dilemma.There are many common problems in the dispute cases of the error of the shared area of commercial housing,such as the different judgments of the same case,and the court does not know how to calculate the difference of the shared area of the housing.When hearing such cases,the court generally abandoned the commercial housing sales contract signed by the parties and ignored it.Instead,it applied the provisions of Article 14 of the judicial interpretation of commercial housing sales contract,and judged the developer or the buyer to make up for the difference between the houses with shared area.The direct application of Article 14 by the court is a wrong interpretation of the article,which seriously violates the principle of autonomy of will.If there is any error in the shared area,it is not necessary to refund more or make up less.The key is to investigate the increase or decrease of the utility rate of commercial housing,respect the agreement between the developer and the buyer,and apply the handling rules of refund more or make up less conditionally. |
