随着房地产市场的蓬勃发展，人们越来越多地涉及到房产合同，而签署合同的各项条款，又成了普通百姓最头痛的一件事，我们就房产买卖双方的利益和权利义务的法律问题介绍给大家，供读者参考。

　　1.关于商品房定金与订金的区别。所谓定金是指合同一方当事人根据合同的约定，预先付给另一方当事人一定数额的金额，以保证合同的履行，是作为债权担保而存在的。在买卖合同中，只要约定了定金条款，如果违约都要承担与定金数额相等的损失。换句话说，如果支付定金的一方违约，即丧失定金的所有权，定金归收取定金的一方所有。如果收取定金的一方违约，则应双倍返还定金。这种以定金方式确保合同履行的方法称为定金罚则。在商品房销售中，定金罚则同样适用。但应在开发企业取得房屋合法的销售证件后，才能收取买房人的定金。作为消费者必须清楚开发商是否有资质，是否有权收取定金。在不具备资质的条件下，开发商如果因为市场的原因，提前向社会发售房产，则买受人认购时交纳的只为保留金，客户随时可以选择退房，保留金如数退还，对客户的约束力较小。如果客户不想买了，即使收据上写的是定金，从法律意义上讲开发商也应退还。同时作为买受人，应该区分定金和订金的区别。订金只是预付款的一部分，起不到担保债权的作用，在开发商违约不签定合同的情况下，无法得到双倍的返还。

　　2.关于销售证件的审查有些开发商由于资金的原因，只按一定比例交纳了土地出让金，因而领取的是临时国有土地使用证，在其领取的商品房预售许可证的销售范围中，仅包括规划项目的部分楼号，有的甚至仅包括一栋楼的部分楼层。因此，作为买受人要着重审查您要购买的房屋是否包括在预售范围内。决不要认为开发商有了预售许可证，所有的房产都是合法销售。

　　3.关于合同面积的约定预售商品房的销售面积是开发商提供施工图纸由有资质的测绘部门根据图纸测算出来的，与几年之后真正建好的商品房或多或少会存在一些误差，这也是期房的风险所在。也就是该套房屋建筑面积的误差，不应超过正负3%。但房产的销售面积是由两部分组成的：套内建筑面积+公共分摊面积，如果公共分摊面积增大，而套内建筑面积减少，但总面积仍然可以控制在合同约定的范围内，开发商不需承担违约责任；但对购房者而言，套内建筑面积的减少，意味着房屋使用率的降低，意味着花钱买分摊。因而在合同中最好规定出各部分变化的比例，限制开发商恶意的变更。

With the real estate market booming, more and more people are involved in real estate contracts, signed by the terms of the contract, but also ordinary people become the biggest headache for one thing, we have both buyers and sellers on the property interests and rights and obligations of The legal issues presented to us, for readers reference.

1. With regard to commercial housing deposit and deposit the difference. The so-called deposit is a party to the contract as agreed under the contract, pre-paid to the other party a certain amount of rates to ensure the performance of the contract, as debt guarantees exist. In the contract of sale, as long as the terms agreed a deposit, if the breach of contract must be commitment and deposit the same amount of damage. In other words, if the party paying the deposit defaults, that is, ownership of the loss of deposit, deposit charge deposit owned by one party. If the party charged the deposit of non-compliance, it should be twice the return of the deposit. This kind of deposit ways of ensuring contract performance of the method, known as deposit penalties. In the commercial housing sales, deposit penalties apply. But it should be legitimate in the development of enterprises to obtain housing sales documents before they can charge people buy a house down payment. As a consumer must be clear whether there are qualified developers, whether the right to receive the deposit. Not have qualified under the conditions of the reasons for developers because the market if the advance sale of property to the community, then the buyer paid subscription only when the retention money, customers can choose to check-out at any time, retention payment returned in full, the customer the smaller the binding. If a customer does not want to buy, even if the deposit receipt is written from a legal sense, developers should also be refunded. At the same time as the buyer, we should distinguish the difference between deposit and the deposit. Advance deposit is only part of the secured creditor failed to exercise any role in the developer signed a contract breach of contract case, not get double the return.

2. On sales documents, the review of some developers due to financial reasons, only a certain proportion of the land transfer fees paid, and therefore receive a temporary state-owned land use certificate, in its receive pre-sale permit the sale of the scope, only including planning the project to some numbers, and some even include only a part of the building floors. Therefore, as the buyer to focus on the review you want to purchase housing be included in the pre-sales range. Never think that developers have a pre-sale permits, all of the property is sold legally.

3. With regard to the contract the area agreed upon pre-sales of commercial housing area is to provide developers of construction drawings by a qualified mapping departments measured out according to drawings, and a few years later the commercial houses built more or less true there will be some errors, This is also where the risk of Forward House. That is, the set of housing construction area of error should not exceed plus or minus 3%. However, the sale of real estate area is composed of two parts: the kit building area + area of public sharing, if the area of public share increase, while the kit construction area reduced, but still be able to control the total area within the framework of the contract to develop breach of contract need not bear the responsibility of business; but for home buyers, the kit to reduce the construction area, suggesting that lower utilization rates, which means spend money to buy share. Provisions in the contract and therefore the best out of changes in various parts of the ratio limit developers malicious changes.