承租人对出租房屋的优先购买权是一种依附于租赁使用权而产生的债权,只具有部分的物权效力,是优先缔约而非保证买到的权利。将优先购买权理解为形成权,既缺乏法律依据,也不符合法理精神和利益衡量原理。承租人不能直接主张依据第三人购买房屋的条件购买房屋,只能请求法院确认所有人与第三人签订的买卖合同无效。对于同等条件应作宽泛理解,不仅指同等价格,还包括价款支付方式、交易的相对人等因素。 The lessee’s preemptive right to rent a house is a kind of claim that is attached to the right to use the lease. It only has the effect of the part of the property rights and is the priority rather than the right to buy. To understand the right of preemption as the right to form, both the lack of legal basis, nor in accordance with the spirit of the law and the principle of measurement of interest. The lessee can not directly claim to buy a house based on the conditions of the third party to buy the house, but only request the court to confirm that the contract of sale and purchase concluded by the owner and the third party is invalid. For the same conditions should be broadly understood, not only refers to the same price, but also includes price payment, the relative person of the transaction and other factors.