Property buyers often encounter the problem of the error between the actual area of the house and the promised area of the developer after moving in. Either we are short of weight and space, or we have to bear the extra cost of "a rising tide lifts all boats". There is no doubt that "shrinking" infringes on the rights and interests of buyers, and "rising water" may not take advantage of buyers, because buyers not only have to bear excessive housing prices, but also pay more property management fees, heating fees and so on. There is an error between the actual area of the house and the area promised by the developer. If the absolute value of the error ratio is less than 3%? Including 3%? Yes, the buyer can't ask to return a house, and the error will be settled according to the actual situation. If the absolute error ratio exceeds 3%, the buyer may request to return the house; If the buyer does not request to return the house, the developer shall bear the corresponding responsibilities. Case Mr. Zhou bought a house of a real estate development company with a sales area of 158.5 square meters. After moving in, Mr. Zhou felt that the actual area of the house was obviously smaller than the sales area, so he entrusted the real estate surveying and mapping department to carry out surveying and mapping. Results The measured area of the house was 149 square meters, which was 9.5 square meters different from the sales area. He negotiated with the developer to return the house or refund the overcharged house payment, property fee, heating fee and interest, which was rejected by the development company. Helpless, Mr. Zhou sued the people's court and made the same request. Mr. Zhou believes that the lack of housing area is a breach of contract by the development company and should bear the responsibility for breach of contract. If the buyer doesn't find out himself, the buyer doesn't know that his interests have been violated. Property buyers should be aware of the shortage of housing area, so the behavior of development companies should be fraudulent. The development company believes that the court should reject Mr. Zhou's claim for the following reasons: First, there is an agreement in the commercial housing sales contract between the two parties that it is impossible to return the house because of the housing area error; Two, the two sides did not agree in the contract to return interest when overcharged, so Mr. Zhou's request for interest payment is unfounded; Third, the company collects property fees and heating fees according to the contract. Mr. Zhou's request to return the property fee and heating fee exceeding the sales area is unfounded and should be handled according to the contract. It was found through trial by the court that there was an agreement in the commercial housing sales contract between the two parties, and if there was an error in the housing area, more refund and less payment would be made. The measured report of the real estate surveying and mapping department can be accepted according to the specifications. It is true that the measured area of the house purchased by Mr. Zhou is 149 square meters, which is 9.5 square meters different from the sales area. Finally, the court ruled that the development company would refund Mr. Zhou's overcharged house purchase, property fees and heating fees beyond the area, and pay Mr. Zhou's interest on the above fees. In the case of experts sitting in the classroom, because the two sides agreed in the contract that if there is an error in the housing area, they will pay more for the house and less for the house. Once an error occurs, it can only be handled according to the agreement of more refunds and less supplements. Therefore, Mr. Zhou's check-out requirement cannot be met. What if there is no agreement or the agreement is not clear? Should be dealt with according to law. First, you can't check out. 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. That is, if the actual area of the house is larger than the area agreed in the contract, the house price exceeding the area shall be made up by the buyer according to the price agreed in the contract; If the actual area of the house is less than the area agreed in the contract, the seller shall return the house price and interest less than that part. The people's court will not support the buyer's request to terminate the contract or return the house during the litigation. Second, you can check out. If the absolute value of the area error ratio exceeds 3%, the people's court shall support the buyer's request to terminate the contract and return the paid house purchase price and interest during the litigation. Third, the seller should bear. If the buyer agrees to continue to perform the contract and does not require to return the house, and the actual area of the house is larger than the area agreed in the contract, and the area error ratio exceeds 3%, the house price shall be borne by the seller, and the excess ownership shall be owned by the buyer. Fourth, double the return. If the buyer agrees to continue to perform the contract without requesting to return the house, if the actual area of the house is less than the area agreed in the contract, the house price with an area error ratio exceeding 3% shall be returned by the seller to the buyer twice. Thanks to the support of lawyer Sun Yi from Beijing Tongdian Law Firm.