Research On The Legal Problems Of The Advance Sale Of The Commercial Housing

By the advance sales of the commercial housing, not only the developers may draw back the original capital, and collect the following construction capital, but also the housing purchasers can get the steady housing resources. Therefore, the advance sale of commercial housing has been accepted by the market in general, and it fully functions on activating real estate market and promoting the housing condition. However, during the course of advance sale of commercial housing, the performance of the contract of advance sale of commercial housing lasts for a long term and has a lot of uncertain factors; and the purchasers and the sellers are not equal in economic foundation and information holding. So the purchasers are at an obviously disadvantageous position, whose rights and interest will be infringed easily. Under the existing legal system of our country, deeply discussion on the effective system for protecting the legal rights and interests of purchasers is the main purpose of my thesis.This thesis begins with the feature of the advance sale of commercial housing, the contract between the developer and the purchaser, the deliver and the administration of the housing, the transaction of the housing, and the mortgage of the advance sale of commercial housing. Then the writer makes an analysis on the existing problems in the advance sale of commercial housing market, and tries to seek effective solutions to the above.By researching, the writer finds that the legal system of the advance sale of commercial housing is not perfect, and it is bad to the protection for the right of purchasers, which definitely will hinder the development of the commercial housing market to be healthier and in better order. So, at the base of clarifying the forward delivery feature of the advance sale of commercial housing, the writer puts forwards several suggestions on improving the system of the advance sales of commercial housing.In part One, the writer put emphasis on the legal feature of the advance sale of commercial housing and expresses his own ideas on the basis of evaluating the updated dispute on this issue. The writer holds the idea that the sign of commercial housing contract is a business deal, which doesn't mean to do the work for the purchasers, and the contract is not an installment payment one. Then the thesis comes to some regulations in our country on the deal of the advance sale of commercial housing.In part Two, the writer illustrates the valid elements and the content of the advance sale of commercial housing contract. These valid elements includes: the qualified sellers, the exact meaning of the two sides, the valid contents and form. It will easily come to the conclusion in refer to the contract law principles about the dispute on the exact meaning of the sides and the contents of the contract, for these elements are not special. However, there are some particularities on the qualified sellers and the valid forms, the write will expound in detail.At present there is no unified regulation in Real-estate Administration Law about the contents of the advance sale of commercial housing contract, and in practice it is often designed by the seller himself which is not good for the protection of the purchasers'interest. So the writer gives some suggestion on the contents.In part Three, the writer puts emphasis on the deliver and the administration of the advance fund. The form of the advance fund is suitable, but there are some problems in it. In this chapter, the writer gives some comments on the problems in reality taking Guang Dong Province the Administration of the Advance Sale of Commercial Housing as an example, then comes to his own ideas.In part Four, the writer puts emphasis on the transaction of the commercial housing. The transaction of the commercial housing is to sell the unfinished building to the others. There are hot dispute on the issues, and most of people hold a denied view. The reason is that the real estate market of our country is not mature, and if the transaction is allowed, it will do harm to our economic development. The writer believes hat the transaction will accumulate the capital for the developer and activate the real estate marker except its harm. So long as we make a strict regulation in practice, it will give free rein to his merit and service the modernization of the socialism. This writer illustrates deeply in this chapter.In part Five, the writer puts emphasis on the mortgage of the advance sale commercial housing. In the deal, the bank will pay the rest capital for the purchaser after the purchaser's first payment. The new house will be mortgaged to the bank as a guarantee. By this way, the buyer who doesn't have enough money can afford the commercial housing, the developer will draw back the original capital and the bank can extent its own business. In this chapter, the writer first gives his own view on the legitimacy of the contract of the advance sale commercial housing. The writer takes the idea that the unfinished building can be mortgaged as securities; the contract that the buyer uses the unfinished building to mortgage is a contract to be pending on effect. If the buyer gets the ownership of the housing before the end of the first debate on the Court, the effect of the mortgage contract is not affected. Then the writer expends the effect on the contract whether to make a registration about the mortgage article, and believe the right of the bank is not well protected in the sales of commercial housing. Besides, it is a must of the mortgage registration in the Mortgage Law, but in the explanation of the Highest Court it is changed into antagonism, which do much more benefit to the transaction.