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If the area when you buy the house is smaller than the area when you take possession of the house, will the maintenance fund be refunded?

Can be returned.

Because according to Article 14 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Commercial Housing Sales Contract Disputes", the building area or building area of ??the house delivered for use by the seller does not match the area agreed in the commercial housing sales contract, and the contract has

If there is an agreement, it shall be handled in accordance with the agreement; if there is no agreement in the contract or the agreement is unclear, it shall be handled in accordance with the following principles: (1) The absolute value of the area error ratio is within 3% (inclusive), and the settlement shall be based on the price agreed in the contract, and the buyer shall

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 should be supported.

The buyer agrees to continue to perform the contract. If the actual area of ??the house is greater than the area stipulated in the contract, the part of the house price with an area error ratio within 3% (inclusive) shall be paid by the buyer at the agreed price. The part with an area error ratio exceeding 3% shall be paid by the buyer at the agreed price.

The house price shall be borne by the seller, and the ownership shall belong to the buyer; if the actual area of ??the house is smaller than the area stipulated in the contract, the part of the house price and interest that is within 3% (inclusive) of the area error shall be returned to the buyer by the seller, and the area

If the error exceeds 3%, the seller will return double the price to the buyer.

Therefore, we must first calculate whether the 5 square meters where the actual area is less than the contract area exceeds the 3% error ratio.

If it exceeds the limit, you can claim compensation from the developer in accordance with the law.