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商品房认购书是以格式条款的形式订立的独立的合同,它与商品房买卖(预售)合同的关系是预约合同与正式合同的关系。双方当事人的主要义务是在其约定的期限内诚信谈判以最终订立正式合同。认购书所设定的定金既具有立约定金的性质,又具有履约定金的性质。对定金罚则的适用,应以当事人有无过错为依据。
Commercial housing subscription book is an independent contract in the form of the terms of the form of contract, its sale and purchase of real estate (pre-sale) contract relationship between the reservation contract and the formal contract. The main obligation of both parties is to negotiate in good faith within the deadline agreed upon to conclude a formal contract. The subscription of the deposit set both with the nature of the contractual deposit, but also the nature of the performance deposit. The application of penalty rules should be based on the parties’ faultlessness.