Research On Sample Text Of Commercial House Sales Contract

Sample Text of Commercial House Sales Contract(the following called Sample Text for short) is a text revised by the Ministry of Construction and the Bureau of Industry and Business,according to contract law of the People's Republic of China,from Sample Text of 1995,aiming to solve all the problems of commercial house sales since the tradition of unit dealed house was broken.It is a normalized text for the interrelated section of government to direct the deal of commercial house sales,which provides a relative perfect sample text of contract for commercial house sales.Although Sample Text doesn't have the direct force adeffect,it converts the consumers' disadvantageous status in commercial house sales.Sample Text hasn't been revised since its issue in 2000.In recent years,realty market developing continuously,disputes of commercial house sales emerge frequently.If we continue to read item by item from the text,consumers will be more unfairly treated.So Sample Text must follow new movements of the local realestate markets and revise in due course,using various local sample texts for refference.Sample Text breaks the laws of the People's Republic of China.It doesn't belong to the general law,but once accepted by both sides of purchase and sale,the two parties will be restricted legally.Clause 17 breaks property law of the People's Republic of China,while Clause 10 breaks the stipulation of offer and acceptance in contract law of the People's Republic of China and the basic spirit of civil law.Many items of Sample Text are generally stipulated,so the right and duty of the both sides of purchase and sale are ambiguity which exacerbates disputes and litigation.For example,project construction foundation,the elementary information of commercial house, account method of price,deal with of the acreage error,the register of property right and the manner of payment etc in Sample Text.On the surface,these clauses provide convenience for both sides of purchase and sale,by serving them with a directory text.While substantively, it's standing on the developer's position,placing consumers on a passive status,which seriously breaks the original constitution intention Sample Text.Some important clauses related to commercial house sales,such as the delivery of infrastructure and the public matching building,the quality of commercial housing, preliminary estate management,the standard of housing energy saving,are not mentioned in Sample Text.These important clauses are close to the realization of consumers' significant interests.Meanwhile,they are the embodiment of equivalence of rights and obligations of both parties.Therefore,supplementary regulations are urgently needed.