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Balcony shrunk by 2/3, price difference exceeds NT$200,000! Man claims "miscalculated the area," developer refuses to compensate | ETtoday News reporter Lin Ho-jung
News link:https://youtu.be/k-h4c8QuGv8?si=dda3fFQyxifrD-mq
A resident in New Taipei City bought a pre-sale apartment two years ago and only recently discovered when planning renovations that the sales agent had miscalculated the size of the "terrace"—1.53 square meters was counted as 1.53 ping (approximately 3.3 square meters), which is equivalent to 0.46 ping (approximately 3.3 square meters)—a difference of nearly NT$300,000. However, when they contacted the developer, the developer's attitude was very passive, seemingly taking advantage of the fact that the terrace "is not included in the property deed area" and the contract did not explicitly state the number of pings, thus refusing to compensate them.
According to lawyer Li Yusheng of Fidelity Law Firm, regarding the dispute over the purchase of the pre-sale house in this case, even though the terrace was not stipulated in the pre-sale house purchase and sale contract, since the developer had provided a pre-sale payment schedule showing the relevant area, the payment schedule can still be regarded as part of the agreement between the buyer and seller. If the area of the property provided by the developer is insufficient, the buyer can still request the developer to recalculate and make up the difference based on the payment schedule.
Fuda Law Firm
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Frequently Asked Questions
Can I claim compensation if the pre-sold house's floor area does not match the advertised size?
Possibly. It needs to be confirmed whether the contract stipulations, actual measurements, compensation clauses, advertising content, and discrepancies in area reach a level warranting compensation or contract termination.
The developer says that if it's written in the contract, can't we fight for it?
Not necessarily. It is still necessary to check whether the contract terms are fair, whether they comply with the relevant regulations for pre-sale housing, and whether the developer's descriptions or advertisements constitute part of the contract.
What documents are needed for disputes involving pre-sale homes?
It is recommended to prepare the sales contract, advertising materials, payment records, handover information, measurement data, conversation records, and developer notification documents.