Study On Legal Regulation Of Pre-selling Of Commercial Building

The real estate is a new developing industry in our country, and the important component of the tertiary industry. It has stronger directions that the real estate operates overall economy. It is an important step that the commodity apartment is sold in the development of real estate.There are two selling of the real estate, one is selling completed building, and another is the pre-selling uncompleted building. The commercial buildings of a lot of cities are mostly sold by the latter form in our country. The nature of the pre-selling of commercial building is defined by a kind deliver behavior at a specified future date. Mainly there are tripartite subjects in the current pre-selling system of commercial building: the developer, the bank, and the buyer. Between the pre-selling system of our country and other countries, there is an obvious difference, i.e. deliver money to a developer before the house is completed.It was this kind of system that obtained a large amount of fund for real estate developer's "empty-handed set of white wolves" type, having paid for the large departmental cost first for the developer, the developer lets one's own fund be withdrawn from circulation through the mortgage of forward delivery housing. Thus developers will throw the complete transformation of risk to consumers and the bank.The system is essential for the human society, it standardizes people's manner, civil order, and then exert an influence on the trend of the societyThe pre-selling system is implemented in China, it is distinguished by Chinese characteristics from the beginning, it has adapted to the national conditions of the Chinese real estate. To be objective, no matter to the developer or house purchaser, it has given play to and still played a positive role —Finance for the former, economizing for the latter. But the enormous risk exists positively in the present pre-selling system, and the undertaker of this kind of risk is mainly bank and consumer, benefit of consumer is the status of weak tendency that especially is more unable sufficiently guaranteed. But the traditional civil law seems unable to do what one wishes to the adjustment of the pre-selling relation. So this paper thinks that should keep the pre-selling system, but should make a self-criticism at present, what questions there are in the pre-selling system, cause what risk of market it will be to real estate, and who be in bear for these risks, and then set up a kind of mechanism with sharing interests and bearing risks, the more important thing is that should be on the basis of the traditional civil law regulating the pre-selling relation , and improving legislation, the one that strengthened the responsible departments of the government at all levels to course of the pre-selling, meanwhile in terms of market management law, we should supervise strictly it and make it finance for the developer, and can take precautions against the enormous risk of the bank and house purchaser,...