According to "explain" commercial housing sales contracts of eighth, 9, 14, in the six case, the punitive compensation responsibility of commercial housing buyers have the right to claim paid 1629 double. Need to pay attention to three points:
1, consumers buy commercial housing fraudulent, provisions not according to "consumer protection law" advocates the punitive compensation;
2, the punitive compensation is only applicable to the real estate development business and the purchase of the housing contract for the sale of housing, if the seller is not real estate development enterprises, and it is not applicable;
Double 3, the punitive compensation is not a contract, double the amount subject, but paid 1629 double.
The purchase of commercial housing double punitive damages, regulations to three provisions, a total of three stages, six cases:
1, after the conclusion of the contract -- "explain" commercial housing sales contracts provisions of article eighth, with one of the following circumstances, resulting in the sale of commercial housing contract purpose can not be achieved, unable to obtain housing buyer can request cancelling the contract, the return of prepaid 1629 and interest, damages, and may request the seller to bear the responsibility of compensation does not exceed paid the purchase of a times:
(a) a commercial housing sales contracts, the seller did not inform the buyer of the housing and mortgage to third people;
(two) commercial housing sales contracts, the seller and the housing sold to third people.
2, at the conclusion of the contract -- "explain" commercial housing sales contracts provisions of article ninth, the seller entered into commercial housing sales contracts, one of the following circumstances, cause the contract invalid or revoked, the lifting, the buyer may request the return of prepaid purchase, and interest, damages, and may request the seller to bear the liability for compensation no more than paid 1629 double:
(a) has not been deliberately concealed the pre-sale of commercial housing permits to prove the facts or providing false permits for pre-sale of commercial housing;
(two) the sale of housing has deliberately concealed the fact of mortgage;
(three) deliberately concealed the sale of housing has been sold to third people or for the removal of compensation for housing facts.
3, others stage -- "explain" commercial housing sales contracts provisions of article fourteenth, the seller to deliver the use of housing construction area comprising the construction area and the inconsistent or commercial housing sales contracts agreed area, the contract is agreed, in accordance with the agreement; the contract is not agreed or the agreement is not clear, in accordance with the following principles of treatment:
(a) the area of error than the absolute value is less than 3% (including 3%), according to the agreed contract price just settlement, the buyer requests to terminate the contract, shall not support;
(two) the area beyond the 3% error than absolute, the buyer requests the termination of the contract, the return of prepaid purchase, and interest, shall support. The buyer agrees to continue to perform the contract, the actual housing area of more than contractual area, the area within 3% error than in (including 3%) part of the price the buyer in accordance with the agreed prices up, the area of error than beyond the 3% part Fangjiekuan assumed by the seller to the buyer, the ownership of the actual area of housing; less than contractual area, the area within 3% error than in (including 3%) Fangjiekuan and interest in part by seller to buyer, the area of error than the more than 3% part Fangjiekuan by the seller to double the return of the buyer.
