If it is a commercial housing contract, the error stipulated by the state cannot exceed plus or minus 3%!
According to the Measures for the Administration of Commercial Housing Sales:
Twentieth according to the calculation of interior construction area or construction area, the parties shall specify in the contract the way to deal with the error between the area agreed in the contract and the registered area of property rights.
If there is no agreement in the contract, it shall be handled according to the following principles:
(1) If the absolute value of the area error ratio is within 3% (including 3%), the house price shall be settled according to the facts;
(2) When the absolute value of the area error ratio exceeds 3%, the buyer has the right to return the house. If the buyer cancels the house purchase, the real estate development enterprise shall return the paid house price to the buyer within 30 days upon the buyer's cancellation, and pay the interest on the paid house price at the same time. If the Buyer refuses to return the house, and the registered area of property rights is larger than the area agreed in the contract, the house price with the area error ratio within 3% (including 3%) shall be made up by the Buyer; More than 3% of the house price is borne by the real estate development enterprise, and the property right belongs to the buyer. When the registered area of property rights is less than the area agreed in the contract, the house price of the part with the absolute value of the area error ratio within 3% (including 3%) shall be returned to the buyer by the real estate development enterprise; The absolute value of the house price exceeding 3% shall be returned to the buyer by the real estate development enterprise twice.
Property registration area-the area agreed in the contract
Area error ratio = ————————×100%
Contracted area
If the area difference is caused by the planning and design changes specified in Article 24 of these Measures, if the parties do not terminate the contract, they shall sign a supplementary agreement.
Twenty-fourth real estate development enterprises shall, in accordance with the approved planning, design and construction of commercial housing. After the sale of commercial housing, real estate development enterprises shall not change the planning and design without authorization.
If the planning changes approved by the planning department and the design changes agreed by the design unit lead to changes in the structural type, apartment type, spatial size and orientation of the commercial housing, and other circumstances that affect the quality or use function of the commercial housing agreed by the parties to the contract occur, the real estate development enterprise shall notify the buyer in writing within 65,438+00 days from the date of establishment of the changes.
The Buyer has the right to give a written reply on whether to return the house within 15 days after the notice is served. If the Buyer fails to give a written reply within 15 days after the arrival of the notice, it shall be deemed as accepting the planning and design change and the house price change caused by it. If the real estate development enterprise fails to notify the buyer within the prescribed time limit, the buyer has the right to return the house; If the buyer cancels the house purchase, the real estate development enterprise shall be liable for breach of contract.