商品房买卖的司法解释 meaning in English
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Examples
- Concern the judicatory explanation of commodity house business according to the supreme court , generally speaking , development business does not suffer commodity house to sell advertisement and the tie that publicize data content , and final both sides signs " open to booking a contract " in also do not contain relevant content certainly ; but if develop business , the building of limits and the specification that establishment place makes related its are mixed promising is specific and affirmatory , and conclude to what commodity house opens to booking a contract and house price has major effect surely really , so no matter the concerned specification on building book or promise whether to write " open to booking a contract " , all ought to regard a contract as content , once develop business to have , did not fulfill the circumstance that reach the designated position , ought to undertake responsibility of breach of contract
根据最高法院有关商品房买卖的司法解释，一般来说，开发商并不受商品房销售广告和宣传资料内容的约束，而且最终双方签订的《预售合同》中也不一定包含相关内容；但是假如开发商就开发范围的房屋及其相关设施所作的说明和允诺是具体确定的，且对商品房预售合同的订立以及房屋价格的确定有重大影响的，那么不论楼书上的有关说明或允诺是否写入《预售合同》 ，均应当视为合同内容，一旦开发商有未履行到位的情况，就应当承担违约责任。