Study On Several Legal Issues Of Housing Pre-sale

With the improvement of living standards, to live and work, so that public housing has become a hot consumer. But is followed by various types of housing consumption around the sharp increase in complaints to the city of Guangzhou as an example, from 2003 to 2007 for five years, the consumption of housing-related complaints and letters and visits are among the top three. Rapid real estate development in other cities such as Shanghai, Beijing, Nanjing also similar. "One more room to sell," "schedule" and the phenomenon of repeated, to that end, I realize that in practice, research, and resolve disputes arising from the real estate market in most areas - pre-sale of the issue of housing for the prosperity of the Housing the development of the property market to meet the aspirations of the people's growing housing needs, the protection of the rights and interests of great significance to the parties.The paper expound relevant law question about pre-sale of house in four parts.This thesis begins with the feature of the pre-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 pre-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.The second part first in detail introduced our country commercial housing pre-sale permission the present situation, including pre-sale the condition which and the procedure as well as the commercial housing the main body the market access, pre-sale condition, and pre-sale licensing system to the commercial housing the consummation to put forward four proposals: First, establishment reasonable effective market access and withdrawal mechanism; Second, the perfect commercial housing pre-sale condition; Third, perfect developer information disclosure system; Fourth, the request which to sold in advance the commercial housing which should achieve to make the condition limitThe third part reviews the deficiencies and shortcomings of advance notice registration system, listing the problems in it, including lack of unified real estate registration system, single arrangement of advance notice registration (unitary preservation of the right to request), lack of defense rights, detailing the process of advance notice registration, lack the regulations of bankruptcy protection, lack the possibility of litigation becoming advance notice registration system, etc.Based on this, the author gives some advice to the improvement of advance notice registration system. One is to make out the relevant contents of advance notice registration in the form of judicial interpretation, primarily including: (1) to make the scope of advance notice registration clear, (2) to give the right of defense to obligations person, (3) to detail the process of advance notice registration, (4) to establish a litigation notice for the advance notice registration system, (5) to prescribe the bankruptcy protection. The other is about the establishment and improvement of advance notice registration made by the relevant departments. (1) The "Bankruptcy Law" prescribes the bankruptcy protection effectiveness of the advance notice registration. (2) The "civil law" provides: to expand the scope of request rights of advance notice registration; to establish the defense system for advance notice registration obligations; and to provide the bankruptcy protection effectiveness.The fourth part evaluated our country to sell in advance in the funds supervision in the commercial housing the legislative present situation, pointed out its insufficiency, and put forward the related proposal. Our country commercial housing sells in advance the funds supervisory system deficiency mainly in: First, does not have the nationwide unification legislation, the legislative legal position step and the legal effect is too low; Second, the present supervision legislation does not have the feasibility, has not established achieves truly"sells in advance the funds the entire journey monitoring". Based on this, the author proposes in one, in the legislative system; Second, in supervision organization choice; Third, in establishes in the commercial housing development risk compulsory insurance mechanism; Fourth, in strengthens the home-buyer risk awareness to carry on the consummation.