Real Estate Sale Contract In The Pre-sale Party Warranty Responsibility

The pre-sale of commercial housing is a complex legal relationship transaction. When the pre-sale contract was established, pre-party is not an immediate delivery of housing and the pre-parties are required to pay all or part of paying back the principal. It is a long period from the contract establishment to the delivery of the Forward House, there is a big risk of the interest to the futures side. The pre-sale contract is signed in the form of multi-contract, the status of pre-parties at a distinct advantage. In practice, disputes involved in the sale of commercial housing escalated, to study the pre-party warranty responsibility with real value. In theory, China's "Contract Law" own Warranty liability independent requirements. In this paper, on the basis of China's current law, to explore the responsibility of the seller's warranty in the pre-sale of commercial housing contract, to provide the buyer relief to the right way.There are many uncertainties and significant risks in pre-sale of commercial housing. Countries also carried out pre-sale system a larger intervention force. However, pre-sales system in China is running perfect, for the protection of the buyer that the futures are not in place. Be held responsible for pre-sale Pre-party multi-party breach of contract claim. If things had gone Warranty responsibility to seek relief, it must be from a legal liability on the warranty to regulate the content and manner of relief, so that the right to a legal basis for relief. In order to assume the responsibility of the pre-sale party more clearly, first of all to define and list flaws and defects in the right that exist in commercial housing sale. Second, in our pre-development of the system status and the law applicable to determine responsibility for the content of pre-party, if the defect caused by the legal consequences of the existence and circumstances. This paper is divided into three parts:The first part is the standard of material flaws and identified flaws in the security responsibility of transitive constituent elements. China's flaws identified standards are divided into legal and agreed standards, legal standards of contract law that is pointed out that the flaws identified four of China's heavy standard specifically. And using standards of explicit criteria and implicit. Agreed standards agreed upon by both parties, priority applies to the case of compliance with the statutory. In the premise of defining the standard of the flaws, specify flaws that exist in the commercial housing pre-sale contract. And to determine responsibility should be there during the period of the delivery of commercial housing, the case pre-party in good faith the no-fault three conditions are met, compounds was the responsibility of the establishment of a security flaw.The second part is the responsibility of the statutory warranty rights situation and constitutive requirements. No matter the subject matter of the contract is a matter or right, it is a violation exist in the contract's of the buyer is often flawed ownership, claims, and intellectual property rights of others. In the premise of flaws exist in the contract, to do a detailed analysis of defects on the sale of commercial housing rights of the contract.The third part is the responsibility of the applicable warranty, responsibility patterns and defenses and exemptions. Analysis of our existence of the responsibility of Warranty, Pointed out that the Warranty liability is a special for breach of responsibility, but not completely fit with the breach of contract. Warranty liability is relatively independent existence in our country's contract law, the nature is a debt default, has a unique system of values. The flaw in the pre-sale contracts can be used to reduce the price, continue to carry out, repair, redo, replacement, cancel the contract, the right to compensation for damages and other relief methods. And a analysis of the applicability of Double Indemnity the contract in the sale detailed, and how to apply the question. If the seller subject to the defenses and exemptions, it may be exempted from the responsibility of commitment Warranty. This chapter analyzes whether the principle of change the situation is the sale of people's defenses in the commercial housing pre-sale contract, and under which circumstances people can pre-exemption issues.