Research On Regulation Of The Property Presale Account

In the first part of the article, the author discourse upon that the legal institution concerning the conflict of the rights at the property presale have the inresolveable disfigurement, the private procedure confined in our legal system could not resolve the embarrassment of the seller and purchaser. The private law may resolve the right conflict at the property presale, but it could not prevent it from occurring . The system of the property presale was regarded as an important financing method of the developer when it was designed, which resulted to the unbalance of the private right of the transaction parties. In the transaction procedure according the law system, the purchaser could not acquire and occupy the house after paying the property price to the developer and the purchaser bear all the market risks. Therefore establishing the regulation system to the presale account is the key circle in the controlling the housing market risks.The second part of the article analysis the need and the feasibility of establishing a regulation institution to the presale account in our country by the analysis tools of the law, institutional economics, the realism situation and foreign legislation experience, which points out that establishing a uniform regulation institution to the presale account applicable to all the country may save the transaction cost, revolve the confusion resulted from the separately regulation of the local government. Further more, the successful pattern of regulation system of foreign countries and the Hong Kong Special District provide a good example to us for establishing the regulation institution to the presale account.In the third part of the article, the author designed a mostly procedure of the regulation institution to the presale account according to the practice experience and foreign legislation, which contains the regulation organization, the issue of regulation exempt, regulation contract, the procedure of the found acceptance and payment and the liability of the regulation organization.We have not established a uniform regulation institution to the presale account in...