Second, the error between the pre-sale area and the actual area:
The area error ratio refers to the ratio of the difference between the measured area and the predicted area to the predicted area when purchasing commercial housing. The area error ratio is a method to deal with the area difference in the process of commercial housing sales.
Formula: area error ratio = (measured area-predicted area) ×100%/predicted area.
Absolute value of area error ratio = (measured appraised area-contract appraised area) * 100%/ contract appraised area.
Article 14 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts stipulates that if the interior construction area or the construction area delivered by the seller is inconsistent with the area agreed in the commercial housing sales 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) The area error ratio is within 3% (including 3%), and the price agreed in the contract is calculated according to the facts. If the buyer requests to terminate the contract, it will not be supported.
(2) If the absolute value of the area error ratio exceeds 3%, and the buyer requests to cancel the contract and return the paid house price and interest, it shall be supported. The buyer agrees to continue to perform the contract. If 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; For the part where the measured area of the house is less than the area agreed in the contract, the part with area error ratio less than 3% (including 3%) shall be returned by the seller, and the part with area error ratio more than 3% shall be returned by the seller to the buyer twice.