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【裁判要旨】在商品房开发预售中,宣传资料及鸟瞰图就签订合同标的的位置及外观所做的说明和允诺具体确定,对商品房买卖合同的订立以及房屋价格的确定有重大影响的,该宣传资料及鸟瞰图应当视为要约。若此,该宣传资料及鸟瞰图即使未载入商品房买卖合同。亦应当视为合同内容。如违反,则应当承担相应的违约责任。
Key points of the referee In the pre-sale of commercial housing development, the publicity materials and bird’s eye view of the contract signed the location and appearance of the instructions and commitments made specifically identified, the real estate contract for the sale and determination of housing prices have a significant impact, the Promotional materials and aerial view should be regarded as an offer. If so, the promotional materials and aerial view even if not included in the contract of sale of commercial housing. It should also be regarded as the contractual content. If you violate, you should bear the corresponding responsibility for breach of contract.