论文部分内容阅读
【原文】第一条本解释所称的商品房买卖合同,是指房地产开发企业(以下统称为出卖人)将尚未建成或者已竣工的房屋向社会销售并转移房屋所有权于买受人,买受人支付价款的合同。【提示】该解释仅适用签订商品房买卖合同,买房人支付房价款的房地产买卖纠纷的处理。【原文】第二条出卖人未取得商品房预售许可证明,与买受人订立的商品房预售合同,应当认定无效,但是在起诉前取得商品房预售
Article 1 The term “contract of sale and purchase of commercial houses” as mentioned in this Interpretation means that real estate development enterprises (hereinafter collectively referred to as “sellers”) sell and transfer the houses that have not yet been completed or completed to the society and transfer the ownership of the houses to the buyers and the buyers Pay the price of the contract. [Tip] This explanation applies only to the signing of real estate sales contract, buy a house to pay the price of the sale of real estate transactions disputes. Article 2 If the seller has not obtained the pre-sale permit for commercial housing and the pre-sale contract for commercial housing concluded with the buyer, it shall be deemed invalid but the pre-sale commercial housing