The Effect Of Offers Of Housing And Related Legal Issues

The book is accompanied by the subscription of commercial housing in China's prosperity and development of real estate development market, especially the increasingly popular real estate sale came into being. In the real estate transaction process, the transaction before the parties enter into a formal contract for the sale, often in advance of offers to sign a commercial to commercial matters relating to the initial sale of identified and charged. Because of existing law did not make commercial offers which clearly defined, leading to people subscription of the book, the nature, effectiveness, deposit, and breach of responsibilities, their ways of solving disputes in the legal and judicial practice, there different understanding. As for the issue of, in theory, the nature of offers for the identification of housing and the establishment of legal status, has very important significance in the practice of real estate buyers and sellers in regulating the rights and obligations, also has a certain role.In this paper, first introduced the commercial meaning and characteristics of offers and subscription book focuses on the nature of real estate analysis. For the nature of offers, most people think it should belong to the reservation contract, but some scholars believe that the book is a real estate contract for the sale itself to subscribe for or not legally binding letter of intent. This paper argues that as a general book on the subscription qualitative is difficult, it must be combined with the specific details of offers and the relevant legal norms to define its legal attributes, should be a specific analysis. But typical of offers.That the parties entered into a commercial contract for the sale of the future agreement, which already contains the core provisions of the future contract for the sale, and to both sides at one time, the obligation to enter into a formal contract for the sale of commercial housing in which the deposit directly to show that the two sides to be bound by the terms of the real meaning of said real estate sales contracts and thus constitute a reservation. From real estate sales contracts entered into during the whole look, the formal contract for the sale of offers is the contracting process. Subscription content from the book itself, see, subscription book is an independent contract. Therefore, the book has a subscription contract for the sale of the contracting process and the dual status of independent contractors. Offers which the parties created a duty between the parties, a formal contract for the sale in content and connected relationship. The book contains a large number of terms of the subscription is mainly due to lack of existence of facts or legal obstacles. The obligations of offers:developers responsibility to keep this set for the subscriber shall not resell housing obligations of others; subscribers bear the delivery date of the deposit within the agreed contract for the sale of the obligations entered into with the developer; offers which the parties need to do utmost good faith bargaining obligations. Subscription is a stage before the sale is entered into a real estate sale or future contract for the sale of advance planning, therefore, to determine its effectiveness, should be based on contract law to determine the effectiveness of the general provisions of the contract deal, and not to whether with pre-conditions as a basis for judging the effectiveness of offers. Negotiation of offers is the line appointment, the parties negotiated integrity and fair dealing only general obligation, but not the obligation to the transaction can not be enforced. As a real estate contract for the sale of offers made during the whole of a particular stage, but also a separate transaction contract, in accordance with contract law good faith and fair dealing provisions of the general principles and interpretation of one of the legal issues. The format of the subscription book for the understanding and interpretation of the contract, based on the concept of protection of vulnerable consumers should consider the relevant provisions of contract law, judicial protection should be the goal in real justice.This book from the reality of the case into the subscription topic to ask questions, starting with the meaning and characteristics of offers beginning, and then the nature of the legal analysis of offers, and finally, the book discusses the breach of obligations to subscribe responsibilities.