On The Legal Measures For Avoiding Risks Of Buyers In A Housing Pre-sale System

Housing pre-sale system itself contains high-risks, which the buyer faces are particularly serious. In order to guard against the risks of the buyer, improving our housing pre-sale legal system is the focus of this paper.This paper reveals the high- risks housing pre-sale buyers face from three typical cases. Then touch briefly on the basic theory of the pre-sale housing system. On the basis of a detailed analysis of the cases,the writer find that the internal reason why the buyer face so high a risk is that the housing pre-sale system itself contains a great risk,and the external reason is that the laws and regulations relating to housing pre-sale system is not perfect. We can see the main external sources of the risk that the three cases reveal from the next: first, the housing-developer information disclosure system is not perfect;second,the law regulations on how to supervise pre-sale fund is too principle to operate it;third,the system of registration of advance notice is notperfect.Aim at the risk sources of the pre-buyer in a housing pre-sale system, I advance three legal measures: the first is enriching the scheme of housing pre-sale in order to perfect the housing-developer information disclosure system;the second is to constitute the pre-sale fund supervising system which accord with the practice of our country. In this stage,the government real estate transaction management department should be the main body in the system; when the conditions are ripe, intermediary agencies should be the main body;the third policies is consummate the system of registration of advance notice in detail in order to avoid the risk of one house selled twice.