Study On Problems In Current Commercial House Sales Contract In China

Besides preface and ending part, this article is divided into 4 chapters. And there are altogether about 34, 000 words.Chapter one This chapter has made a brief statement of relevant law theories concerned with commercial housing sales contract. Commercial house has a broad sense conception and a narrow one. Commercial houses' sale includes pre-sale and current sale. It is no doubt that current-sale contract of commercial house is a kind of sales contract, and pre-sale contract of it is also a kind of sales contract which is delivered at a specified future date.Chapter two This chapter has firstly ensured the character of offer-to-buy script. The relationship between offer-to-buy script and formal sales contract is pre-contract and contract itself. If somebody breaks offer-to-buy script, he will take the negligence liability of signing the contract. Therefore, he will take the liability by paying contract breach money, earnest money or damage compensation (only for reliable profit). Secondly, the earnest money in offer-to-buy script is contract breach earnest money. If the client breaks earnest money article in offer-to-buy script, he will also only take the negligence liability of signing the contract.Chapter three Because there exist many formed contracts with some "overbearing articles" in current commercial housing sales market, this chapter has analyzed why the "overbearing article" exists (the abuse of formed contract) and analyzed its social background in our country. Ways to regulate and take some measures against "overbearing articles" in commercial housing sales contract are asfollows. First of all, buyers should learn to use self-protection, to fight against formed contracts with "overbearing articles". Secondly, our country should regulate "overbearing article" from law aspect.Chapter four This chapter has analyzed the model sample on commercial housing sales contract (GF-2000-0171) which is constituted by National Industrial and Commercial Administrative Bureau and Construction Department. This model sample has become the first choice or even the only choice for real estate companies in contract signing, so we can see its great influence in real estate industry. Therefore, this chapter has made a further analysis and research to some of the articles of this model sample. The author thinks that one of the most effective ways to solve the problems in commercial housing sales contract is that both parties (especially buyers) should understand the exact meaning of each article of the model sample and try their best to express their own ideas accurately and completely. Doing so, we can leave away from conflicts and traps made by developers.