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权利应源于当事人约定或法律规定,购房人获得“差价补偿”的法律路径主要有两种:一是买卖合同双方约定了“差价补偿”事宜或开发商单方作出了“差价补偿”承诺;二是购房人可以经由撤销权的依法行使变更合同价款而获得差价补偿。在商品房价格大幅下降以致于继续履行购房合同对双方当事人利益严重失衡时,可以考虑援引“情势变更”原则予以变更合同价款。
The right should be derived from the agreement of the parties or the law, buyers have access to “difference compensation ” legal path there are two main: First, the two sides agreed that the sale and purchase of “difference compensation ” matters or developers unilaterally made Compensation “commitment; second is the purchase of the right to withdraw the right to exercise the right to change the contract price to obtain the difference compensation. In the substantial decline in real estate prices that continue to fulfill the purchase contract for the interests of both parties a serious imbalance, you can consider invoking ”change of circumstances " principle to be changed the contract price.