浅析商品房认购书及定金问题

On Several Problems of Purchase Letter of Commercial Redisential Building and Aadvance Deposit

商品房认购书是开发商与购房者在签订正式房屋买卖合同之前所订立的预约合同,其中大多对定金也作了约定,但我国法律对此规定得还不完善,导致商品房纠纷逐年增多。文章对认购书及定金的性质、认购书中定金罚则的适用,以及开发商和购房者的权利和义务作了论述。

Purchase letter of commercial residential building is a precontract signed by developer and homebuyer before the formal contract was been signed.The deposit is arranged in most of this precontracts.While the law is not well done in this field and leads to more and more disputs.The article discused the nature of puchase letter and deposit,and the duty of deposit rule in puchase letter.