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编辑:这种开发商自定的补充协议是否有效?孙法官:合同法规定,格式条款是当事人为了重复使用而预先拟定,并在订立合同时未与对方协商的条款。本案中的商品房买卖合同补充协议,就是由开发商提供的一种格式条款。“付款方式及期限”是商品房买卖合同中的主要条款,开放商应遵循诚实信用与契约自由原则,在与购房人充分协商的基础上,在合同正本中作出详尽的约定。但实际情况是,开发商并未就如果贷款申请未获批准应如何付款与购房人陆
EDITOR: Is this developer-defined supplemental agreement valid? Judge Sun: According to the Contract Law, the terms of the contract are pre-defined by the parties for reuse and are not negotiated with each other at the time of conclusion of the contract. The case of commercial housing sales contract supplemental agreement, is a format provided by the developer of the terms. “Payment methods and deadlines ” is the main provisions of the contract for the sale of commercial housing, developers should follow the principle of good faith and freedom of contract, with full consultation with buyers based on the original contract to make a detailed agreement. But the reality is that the developer did not pay for the loan if the loan application was not approved