Legal Research Of The Advance Sale Fraud Of Commodity Apartment

The advance sale of commodity apartment is different from the general merchandise. In presale housing market, buyers can only see the main framework ,detailed model can only see imagination. And the buyers only purchase the sale of real estate development sector in a paper promise, the real transfer of housing hasn't formed. It provides opportunities to fraud for the developers. The price fraud is the companion of the market economy, have greater harmfulness. First of all, it has damaged consumers' legitimate interests, increased consumers' consumption cost and the operator's transaction cost. Secondly, it has destroyed the normal market order, violated the principle of just, fair, open and orderly , caused the disorder of the economic life. Third, it has twist the price signal, mislead the market main body behavior, influenced the full play on function of price mechanism. Fourth, it has promoted price rise. The purpose that the price fraud is to improve price, obtain the superprofit. Therefore,when the fraud at price takes place in a large amount, it's inevitablely to promote price-level going up generally.In order to protect the legitimate rights and interests of house buyers, ensure the smooth operation of the market, I think there two points we must do. One side, buyers should recognize the true face of these acts and conscious to avoid .On the other hand, the Government should further strengthen the implementation of related systems, and improve the system of their own responsibility. Trending to provide an institutional guarantee to rights and interests for buyers.From the structure, in addition to the full text of the introduction and conclusion, it includes four parts:Part I: Explain the concept, characteristic and principle of the advance sale system of commodity apartment. The commodity apartment have important function in accelerating the development of real estate, enlivening the market of real estate. Meanwhile, it is trade system with a stronger country intervening , a big risk .And it has financing function. country of a kind of market that the commodity apartment is sold in advance. They leavemore system loophole in than must market risk and trade issue. At present, the legislative level of commercial housing saling is too low, and the operation is too bad, brought difficulties to judge cases. To this end, the understanding of the principle of the advance sale system of commodity apartment is also necessary. They are conducive to the healthy development of China's real estate market principles, fair trade principles, the principle of autonomy, the weak protection principles. They have more significance to the identification of commercial housing prices in the sale of fraudulent acts. This part is the starting point of this paper.Part II: Analyze to the price fraud of the market in advance sale of the commodity apartment on the whole. Because it has not been riped yet in the operation and supervision of the market, the behaviors of different real estate trade orders of infringement emerge in an endless stream.Sometimes there is also disguise. In practising life, we should have eyes that is good at discerning them. We must clearly recognize to the concept of the market price swindles and the form of expression in advance sale of the commodity apartment. This part lays the theoretical foundation for the next chapters.Part III: Specializing several typical fraudulent acts on the sale of commercial housing market prices, which are used for advertising sales of commercial housing price fraud, use of offers to deposit fraud, violations of codes bid price for the fraud, use of "selling more than one room " price gouging. Through case leads the way into these types of fraud, pointing out the understanding error and blind spots that buyers of commercial housing developments in the process of sailing. Expecting house buyers can identify these acts, alert in a series of house purchase procedures.Part IV: Mading a superficial exploration on improving the protection mechanism in the interests of buyers on macro. Above content is mainly from the consumer's point of view in how to oppose the sale of market prices of fraud. But those still far from enough. First of all, the country must make and improve relevant laws and regulations, further improve the system of predicting registration etc; Secondly, the government must also devote more efforts to enforcing the law, strengthen one's own responsibility; Finally, through many kinds of channel, it is particularly essential to strengthen the house purchaser's sense of self-protection.Surely it is not a thing overnight.