商品房预售合同纠纷浅析

A Brief Analysis of Disputes in Contract about Selling Commercial Housing in Advance

预售商品房实际交付的标志,是取得所有权证。格式合同中的不合理条款的效力确定,不能完全适用显失公平原则认定无效,可根据具体情况,认定部分不公平条款无效,而合同其它部分继续履行。逾期不交房不能即可解除合同,只有预售方根本违约的,预购方才能解除合同。

Seller unauthorized change the area of house are divided into two kinds, One is when there is no other appointed change about the area of house, which can be regarded as the buyer calculate by cost price or rescind contract. The second is when there are some items on calculating by actual area after finishing making house, which is regarded as whether the changed area belongs to the range of error, if it is in the range, and the buyer has no right to refuse; if it is out of range, buyer should accept it in cost price or rescind contract.