| Sale of real estate, housing is still under construction, the establishment of property rights are not registered and therefore its essence is a sale is a sale of housing reservation behavior. However, the real estate sale contract has been concluded, the buyer, it means that he made the right expectations in the construction of housing and housing built in the time of the contract, the developer can pre-order the housing to those who may not be sold to third person. On the operators, the adoption of pre-selling, to raise funds for housing construction, accelerate the flow of funds and working capital. However, the real estate developer to buy a house or a deposit in advance, only for sale of real estate development and construction, shall not be used for other purposes. Meanwhile, the sale of the direction of advance purchase of units or individuals to buy a house under construction in real estate before the price of not more than 50% of total production. Through the sale of real estate, real estate development on the speed, active real estate market has an important role. But for buyers, there is a certain risk, for example, because of poor management leading real estate companies can not build houses or can not be completed on schedule; real estate developers cut corners in the building process after the completion of housing caused by poor quality or do not meet the buyers requirements. Therefore, purchasers should be careful to avoid unnecessary losses.This text is divided into four chapters:The first chapter describes the basic theory of real estate sale. This chapter first clarifies the concept and characteristics of real estate sale, real estate sale means the sale of real estate development company that is building the side will not sell houses built pre-order party, pre-order party to pay part or deposit paying back the principal act. Its main feature is a term for a real estate sale is a kind of forward transactions, a strong national intervention. At the same time the conditions for real estate sale made further provisions must comply with the provisions of real estate sale of the four elements. The first sale must have been delivered to the land use right transfer fee, to obtain land use right certificate. Second, pre-construction planning is required to hold permits. Third, people have completed a certain percentage of pre-investment. Fourth, people have made for pre-sale pre-sale permit.The second chapter describes the relevant provisions of the sales contract. Section I describes the concept of sales contract and the characteristics of real estate sale contract whereby the real estate development enterprises (advance party) to the successful bidder reached by the parties by the delivery of the deposit or advance pre-order, pre-party in the contract certain period of time agreed upon in the future to meet the requirements of the housing and temporary housing within the land use right transfer to the acquisition side, sell side and buy side clear rights and obligations of the written agreement. Its main feature is the specific nature of the subject matter is not predictable, long cycle performance of the contract. In this chapter also discusses the effectiveness of real estate by the sale of advertising, it does not have the effect of the contract the parties to the content of advertising content included in the contract should be regarded as the developer's commitment. This chapter focuses on the sales contract for the purchase of the effectiveness of human rights. Illustrates the pre-sale registration is not effective elements of the contract, the registration does not affect the validity of the contract or the position.The third chapter describes the transfer of sale of real estate related issues. In the first section describes the concept and meaning of real estate transfers. Sale of real estate transfer, also known as "transfer" refers to the commodity house has not completed the purchase of real estate re-sale to another person a legal act, commonly known as "speculation flowers." The transfer of only the main changes for pre-sale contracts, sale of the contents of the contract does not change, the commodity house sale contract will be a debt or the rights and obligations to a third party, the third person with pre-established between The new rights and obligations. In complying with the laws and regulations, policy conditions, the transfer of real estate is subject to legal protection. Section II describes the main conditions of sale of real estate transfer, need to have the five conditions. First Yu Gouren sale contract for the transfer to notify the sale person. Second, Yu Gouren sales contract in the absence of full implementation of obligations under the transfer of real estate futures, and subject to the prior consent of the pre-sale consent. Third, the effective transfer of real estate sale on the premise that real estate sale contract is established and effective. Fourth, the transfer of sale of real estate must comply with state law, the law does not allow for the transfer shall not be transferable. Fifth, the transfer of sale of real estate must sign the transfer contract, need not re-sign a new pre-sale contract.The fourth chapter describes common types of disputes, real estate sale and legal measures. Commercial sale of the common side of the main disputes have failed, pre-sale advertising is not real, deposit and deposit mix, reducing the useful life of the land, pre-party malicious breach of contract and fraud and contract disputes arising issue. Section II describes the commercial sale of the main causes of the increase in dispute cases of false advertising to attract consumers; developers, bank loans entered into false contracts fraud; extension submitted to and so on. Section III states the measures to reduce pre-sale disputes are mainly perfect the relevant laws and regulations, regulate the real estate market; strengthen supervision, lack of integrity on the illegal operation of real estate developers should crack down; the people's court should be fully functional trial role seriously and timely processing of sales contract disputes, and earnestly safeguard the legitimate rights and interests; strengthen legal advocacy, against the risk occurs.
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