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在现实生活中,房地产开发商往往会设置买房赠送露台、车库、阁楼、地下室等面积来吸引购房者。由于这类赠送面积大多因为开发商无权处分或者违章建筑属于无法计入买受人产权登记的部分,同时也未在房屋买卖合同中得以体现,当此类赠送面积在交付后存在质量问题、面积误差、与销售广告功能不符、产权归属纠纷以及因违章建造需要拆除时,买受人维权较为困难。本文从商品房买卖中赠送面积的质量瑕疵与权利瑕疵出发,浅谈买卖人面对上述情况的处理办法以及开发商需要承担的相应责任。
In real life, real estate developers often set up to buy a house to give off the terrace, garage, attic, basement and other areas to attract buyers. Because most of these donated area because the developer has no right to dispose of or illegal building belongs to the buyer can not be included in the registration of property rights, but also not reflected in the contract for the sale of housing, such delivery area in the delivery of quality problems, Area error, does not match with the function of sales advertisement, property ownership dispute and demolition due to illegal construction, the buyer’s rights protection is more difficult. This article from the sale of commercial real estate donated area flaws in quality defects and rights, on the business deal with the above situation and developers need to bear the corresponding responsibility.