A Study On The Law System Of Commercial Housing Preselling Management

With the improvement of the people's living standards, housing has become one of the consumption foci of the people. And unavoidably, the corresponding customer complaints are rapidly increasing. Take Guangzhou for example, the amount of similar complaints is among the top three. The same is true of other big cities such as Shanghai, Beijing and Nanjing. The writer has then realized that it bears great importance to study and solve the problems in the field of commercial house-preselling, for, as we know, in doing so, we can enhance the development of the real estate market, Thus protecting the rights and interests of the consumers. The thesis discusses and analyzes the existing legislation and regulation concerning the commercial house-preselling system, including house-preselling admission regulation, Preselling supervision system and the contract law. The study shows that the existing laws and regulations are relatively perfect as to the static prior administration of the house-preselling admission, such as the qualification limitation of the preselling entity, the limitation of the preselling items. However, the afterward dynamic administration is relatively imperfect, especially the administration of the new law relations produced in the course of house-preselling, such as transfer and mortgage of the presold houses because we have not enacted any law or regulation or operation procedure concerning the change of the consumers' rights and obligation. Therefore, in a sense, we can say that there exist some problems such as the divorce from practice to legislation and the lacking of legislation. The writer of the thesis thus pinpoints the new law relationships produced in lack of the preselling contract registration system and in the preselling behavior of the commercial houses, Which do exist in the contract law system of the house-preselling. What's more, the writer has also discussed the transfer relation and the mortgage relation of the preselling houses. The thesis then comes up with some suggestions as to how to improve the law systems about the house-preselling administration.