The stipulation that the error of the housing area exceeds 3% and the agreed handling method is to refund the excess and make up the deficiency comes from the Interpretation on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts issued by the Supreme People's Court
According to the relevant provisions of the Interpretation on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts, if the building area or building area of the housing delivered by the Seller is inconsistent with the area agreed in the commercial housing sales contract, if there is agreement in the contract, it shall be handled in accordance with 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 within 3% (including 3%), the settlement shall be based on the price agreed in the contract. 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 terminate the contract and return the paid purchase 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 housing price for the part with an area error ratio of less than 3% (including 3%) shall be supplemented by the Buyer according to the agreed price. The housing price for the part with an area error ratio of more than 3% shall be borne by the Seller, 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 price and interest of the part with an area error ratio of less than 3% (including 3%) shall be returned by the Seller to the Buyer, and the price of the part with an area error ratio of more than 3% shall be returned by the Seller to the Buyer in double.
Legal basis
Article 14 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the funeral expenses shall be calculated on the basis of the average monthly salary of the staff and workers in the previous year in the place where the court is located, and the total amount shall be six months.
