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商品房预订意向书是预约合同。其效力可分为两种:一是优先性协议,预订意向人有优先承诺权;二是带未决条款的预约,当事人不仅负有诚信谈判的义务,而且必须订立商品房买卖合同。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订意向书,应当认定无效,但是在起诉前取得许可证明的,可以认定有效。
Reservation letter of intent is a reservation contract. Its effectiveness can be divided into two kinds: one is the priority agreement, the intention of reservation has priority right of promise; the other is the appointment with the pending clause. The parties not only have the obligation to negotiate in good faith, but also must enter into the contract of sale and purchase of commercial houses. If the seller fails to obtain the pre-sale permit of commercial housing and the letter of intent of the pre-purchased commercial housing with the purchaser, it shall be deemed invalid, but the license may be validated prior to the prosecution.