The Analysis Of Buyers Rights Protection In Commodity House Purchase And Sales Relationship

The Commodity house purchase and sales dispute is one of the most common disputes in judicial practice. This paper begins with a case of a case of commodity house purchase and sales dispute in practice. Some problems are analyzed by using several relevant provisions and legal theory, especially for our country's personal housing mortgage and commercial housing pre-sale system. For some problems existing in personal housing mortgage, author analysis the different between mortgage and charge at first. And then author analysis the problem of fake housing mortgage, form contract terms and lack of law knowledge of house-purchaser. For some problems existing in commercial housing pre-sale system, author thought the main problems are consumers' right to know can not be promised, the profession admittance threshold is excessively low and pre-sale money is lack of supervision. Further more, the reason why these problems could happened are both sides trade status are not coordinate, our country's legal regime related to commercial housing pre-sale system is not perfect and market credit system is poor. At last, in the view of these problems announced above, author purposed measures about the two regimes. In the view of personal housing mortgage regime, author thought what we should do first are strict standard the mortgage loan procedure of the bank, improving legislation about the mortgage and house purchaser should strengthen their understanding about personal housing mortgage. In the view of commercial housing pre-sale system, author thought we can't abolish it, but we have to make it perfect than before. For this goal, we should adopt legislative and institutional measures. About legislative measures, author thought most important measures are accelerating the revision of old law and strengthen the consumer rights protection laws suitable in commodity house purchase and sales dispute. About institutional measures, author thought the important measures we should take are improving the profession admittance threshold and commercial housing pre-notification registration system, forbidding developer tort house purchaser's right according to form contract terms and improving the suit mechanism of house purchasers in Commodity house purchase and sales dispute.