According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Commercial Housing Sales Contract Disputes:
Article 14 The interior construction area or construction area of the house delivered by the seller is inconsistent with the area agreed in the commercial housing sales contract. If there is an agreement in the contract, it shall be handled according to the agreement; If there is no agreement or unclear agreement in the contract, it shall be handled according to the following principles:
(1) If the absolute value of the area error ratio is less than 3% (including 3%), the settlement shall be made at the price agreed in the contract, and the buyer's request to terminate the contract will not be supported;
(2) If the absolute value of the area error ratio exceeds 3%, the buyer's request to terminate the contract and return the paid house price and interest shall be supported. The buyer agrees to continue to perform the contract, and the actual area of the house is larger than the area agreed in the contract.
The buyer shall make up the house price at the agreed price for the part with the area error ratio within 3% (including 3%), and the seller shall bear the house price for the part with the area error ratio exceeding 3%, and the ownership shall belong to the buyer.
If the actual area of the house is less than the area agreed in the contract, the part with the area error ratio within 3% (including 3%) and the interest shall be returned by the seller to the buyer, and the part with the area error ratio exceeding 3% shall be returned by the seller to the buyer twice.
Extended data:
According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Commercial Housing Sales Contract Disputes:
Article 22 If there is a dispute between the buyer and the seller over the commercial housing sales contract, the people's court shall notify the insurer to participate in the litigation; If the seller, the underwriter and the buyer have clearly agreed on their respective rights and obligations, the litigation status of each party shall be determined according to the agreed contents.
Article 23 The contract for the sale of commercial housing stipulates that the buyer shall pay by secured loan, and the contract for the sale of commercial housing cannot be continued due to one party's breach of contract.
The other party may request to terminate the contract and compensate for the losses. If the commercial housing secured loan contract cannot be concluded due to reasons not attributable to both parties, and the commercial housing sales contract cannot be continued, the parties may request to terminate the contract, and the seller shall return the principal of the purchase price and its interest or deposit to the buyer.
Article 24 If the purpose of the commercial housing secured loan contract cannot be achieved because the commercial housing sales contract is confirmed to be invalid, cancelled or cancelled, the parties concerned shall support it if they request to cancel the commercial housing secured loan contract.
Twenty-fifth commercial housing sales contracts with secured loans as payment methods, if one party requests to confirm the invalidity of the commercial housing sales contract or requests to cancel or terminate the contract, the guarantor brings a lawsuit as a third party with independent claim.
Should be combined with commercial housing secured loan contract disputes; If no lawsuit is filed, only disputes over commercial housing sales contracts will be handled. If the guaranteed party files a separate lawsuit against the contract dispute of commercial housing secured loan, it can be tried together with the dispute of commercial housing sales contract.
If the Commodity House Purchase and Sales Contract is confirmed invalid or cancelled or dissolved, and the Commodity House Guaranteed Loan Contract is also dissolved, the seller shall return the principal and interest of the house purchase loan and the purchased house price to the guarantor and the buyer respectively.
Baidu Encyclopedia-the Supreme People's Court Applicable Law on Trial of Disputes over Commercial Housing Sales Contracts