What is the difference between the subscription letter of commercial housing and the contract for th

The order book for commercial housing is a contract for the sale and purchase of commercial housing in nature. Orders are by appointment. As an appointment, the particularity of the effect of the commodity housing order letter lies in the fact that the non-breaching party not only requires the other party to perform the obligations of the sales contract, but also requires the other party to perform the specific act of signing a formal commercial housing sales contract.

The order book is a form of contract for the sale and purchase of commercial housing. Since the purchase order has the certainty of the content of the contract, the substantive content of the two is basically the same. We think:

First of all, the purchase order is formed once the contract of sale is signed, and both parties shall be bound by it. The buyer's failure to sign a formal contract for the sale and purchase of commercial housing is deemed to be a breach of contractual obligations. Second, if the buyer has understood and approved the text of the formal commercial housing contract to be signed at the time of signing the order letter, the buyer has no right to refuse to sign the contract.

Third, if the buyer believes that some of the terms of the aforesaid contract text are obviously unfair, it may exercise its right of defense in accordance with the relevant provisions of the Contract Law on standard clauses, but may not refuse to perform other clauses confirmed in the order form.

1. The relationship between the subscription letter and the contract for the sale and purchase of commercial housing is between the reservation and the contract.

According to Article 2 of the Contract Law of the People's Republic of China, "the contract referred to in this Law is an agreement between natural persons, legal persons and other organizations of equal subjects to establish, modify and terminate the civil rights and obligations relationship", and the subscription letter shall be an independent contract. The subscription letter is an agreement between the buyer and the seller on matters related to the signing of the contract for the sale and purchase of commercial housing, and is not a direct confirmation of the results of the sale and purchase of commercial housing, so it should not belong to the contract for the sale and purchase of commercial housing.

3. The difference between the subscription letter and the house sales contract (1) What is the difference between the subscription letter and the sales contract?

1. The time of signing is different, and the appointment belongs to the contract at the pre-contract stage, and the civil liability borne belongs to the scope of negligence liability for the contract. This agreement is signed after the civil contract rights and obligations are all finalized, and the obligations to be borne by both parties are contractual obligations.

2. The reservation contract is a promise contract, which is not bound by the essentials, and emphasizes the decisive role of the subjective will of the parties in the formation of the contract. However, this contract is generally bound by the material, and delivery is an important part of the performance of the contract.

3. The purpose of signing the reservation contract is to conclude this contract, and since the obligations stipulated in this contract are contractual obligations, they directly have the content of performance. From the appointment to the signing of this Agreement, both parties shall follow the principle of good faith and implement the principles determined by the appointment into the contract terms of this Agreement. In a nutshell, the purpose of an appointment is to agree to conclude a certain contract in the future when there is a factual or legal obstacle to the conclusion of the main contract

The purpose of the reservation is to conclude this contract, and the reservation contract is a contract of promise rather than a practical contract, and is not bound by the material. The subscription contract and the contract for the sale and purchase of commercial housing belong to the relationship between the reservation and the contract, and there are great differences between the two contract contents, contract purposes, rights and obligations, breach of contract forms, and forms of liability for breach of contract, but the subscription letter can be recognized as a sales contract if it meets certain conditions, and the obligations of the parties will change qualitatively, and the performance of the negotiation obligation by both parties will be changed to the delivery of the house by the seller and the payment of the price by the buyer.

4. The Interpretation of Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commodity Housing Sales Contracts identifies the subscription for the sale and purchase of commercial housing as a contract for the sale and purchase of commercial housing, that is, it is determined that the appointment is actually this contract, and two conditions shall be met: first, it has the main content of the commercial housing sales contract stipulated in Article 16 of the Administrative Measures for the Sales of Commodity Housing, which has been discussed above and will not be repeated: Second, the seller has collected the purchase price as agreed.

The connotation of "the seller has collected the purchase price as agreed" is that the subscription letter has been actually performed, and the seller has collected the purchase price. The term "purchase price" here shall include both the full purchase price and part of the purchase price.

1. The content of the agreement is different: the agreement in the subscription letter is relatively simple, usually only the area, total price, geographical location of the house and the contract for the sale and purchase of commercial housing will be signed at a certain time and place, and the buyer and seller generally cannot directly complete the transaction with the subscription letter. The contract for the sale and purchase of commercial housing includes all the main terms of the sale and purchase of the house, such as the payment and the delivery method and time of the house, the handling of the property right certificate, the liability for breach of contract, etc., and the buyer and the seller can complete the transaction.

2. Different purposes: the commercial housing subscription book is an appointment contract, that is, a contract signed for the purpose of concluding a commercial housing sales contract in the future, which belongs to the pre-contract stage contract, and the commercial housing sales contract is a contract that determines rights and obligations for the purpose of commercial housing sales.

3. The time point of signing is often different: the subscription letter is usually signed before the commercial housing can be pre-sold, which is a method for the developer to return funds and stabilize customers as soon as possible, and the signing of the sales contract is signed after the developer obtains the pre-sale license of the commercial housing or in the case of the sale of the existing house.

What is the content of the subscription letter?

1. The basic situation of both parties: the subscription letter must first clearly fill in the detailed information of the buyer and seller of the house, if there are subsequent problems with the house, you can find the other party in time to negotiate and deal with it, usually the purchase agreement includes the seller's information, that is, the name of the developer, address, **, the name of the seller, the address, **; The buyer's information is the buyer's name, address, **, and type of identity document.

2. The basic situation of the house: it is very important to write down the specific situation of the real estate in the transaction, so that the information of the house can be clearly understood, and it can also be used as a reference for comparison in the subsequent delivery, including the address of the real estate, the building number of the subscribed house, the building number, the room number, the orientation, the construction area, the construction area in the suite, and the shared area.

3. Developer's sales qualifications: the real estate must be built under the formal and legal procedures, so that the subsequent delivery and real estate certificate will be guaranteed, and the subscription book should have the attributes of the house indicating that it is an existing house or off-plan, the developer's pre-sale sales permit number, land use certificate and other contents.

4. Price and payment method: The purchase book should indicate in detail the ** of the house and the payment method of the buyer, which has many different types of houses and purchase methods, so it needs to be clearly indicated. This part occupies a relatively large space, including the unit price of the house, the type of area valued, the total house payment, and the payment method.

5. Deposit, liability for breach of contract: in order to show the buyer's determination to buy, generally pay a part of the deposit of the house price first, if it is only a verbal promise, there is no substantial constraint on both parties will cause certain losses, so in the subscription agreement on the amount of the deposit, payment time, liability for breach of contract, breach of contract handling method, date of signing the contract, etc.

Legal analysis: the difference between the commercial housing subscription letter and the sales contract: the commercial housing subscription book is an appointment contract, while the housing sales contract belongs to this contract.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts

Article 5 The subscription, ordering, reservation and other agreements of commercial housing have the main content of the commercial housing sales contract stipulated in Article 16 of the Administrative Measures for the Sales of Commodity Housing, and the seller has accepted the purchase price in accordance with the agreement, the agreement shall be recognized as the commercial housing sales contract.

, the purpose of the signing.

The commercial housing subscription is a reservation contract, that is, a contract signed for the purpose of concluding a commercial housing sales contract in the future, which belongs to the pre-contract stage contract; The contract for the sale and purchase of commercial housing is a contract that determines the rights and obligations for the purpose of buying and selling commercial housing. The commercial housing purchase letter is equivalent to a function of making an appointment in advance, while the purchase contract has the role of establishing a relationship.

2. The content of the agreement.

The agreement in the commercial housing subscription letter is relatively simple, usually only the area, total price, geographical location of the house and the commercial housing sales contract will be signed at a certain time and place, etc., and the buyer and seller generally cannot directly complete the transaction with the subscription letter; The contract for the sale and purchase of commercial housing includes all the main terms of the sale and purchase of the house, such as the payment and the delivery method and time of the house, the handling of the property right certificate, the liability for breach of contract, etc., and the buyer and the seller can complete the transaction.

3. The time point of signing.

The subscription letter is usually signed before the commercial housing can be pre-sold, which is a method for the developer to recoup funds as soon as possible and stabilize customers, which is generally signed with the sales company or advertising company entrusted by the developer; The signing of the sales contract is signed after the developer obtains the pre-sale license of the commercial housing or in the case of the sale of the existing house, and is generally signed directly with the developer.

Legal basis: Article 595 of the Civil Code A sales contract is a contract in which the seller transfers the ownership of the subject matter to the buyer and the buyer pays the price.

Article 596 of the Civil Code: The content of a sales contract generally includes the name, quantity, quality, price, performance period, place and method of performance, packaging method, inspection standards and methods, settlement methods, words used in the contract and its effectiveness, and other clauses.

Legal analysis: The commercial housing subscription letter is an appointment contract, while the housing sales contract belongs to this contract, and the differences between the two are as follows:

1) The time of contracting is different, the reservation belongs to the pre-contract stage of the joint family verification, and the civil liability borne belongs to the scope of negligence liability for the contract; This agreement is signed after the civil contract rights and obligations are all finalized, and the obligations to be borne by both parties are contractual obligations.

2) The reservation contract is a promised contract, which is not bound by the essentials, emphasizing the decisive role of the subjective will of the parties in the formation of the contract; However, this contract is generally bound by the material, and delivery is an important part of the performance of the contract.

3) The purpose of signing the reservation contract is to conclude this contract, and since the obligations set forth in this contract are contractual obligations, Hanqiao directly has the content to perform.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commodity Housing Article 5 If the agreement on the subscription, ordering, and reservation of commercial housing has the main content of the contract for the sale and purchase of commercial housing as stipulated in Article 16 of the Administrative Measures for the Sales of Commodity Housing, and the seller has accepted the purchase price in accordance with the agreement, the agreement shall be deemed to be a contract for the sale and purchase of commercial housing.