On Real Estate Sale Contract In The Interests Of Consumers Are Protected

With the fast development of real estate market, new forms of transaction are continuously appearing, one of which is pre-sale of commercial building. To sellers, the pre-sale can accelerate the turn-over of capital; to buyers, it can ensure them to obtain their houses in the future. That's why the pre-sale of commercial building is widely accepted by the public. Besides, it plays an active role in improving house condition and prospering the real estate market. Everything has two sides. From its process of transaction, its long cycle of performance implies big risk and uncertainty; from the perspective of transaction status, the disparity between pre-sellers and pre-buyers in terms of information , economic power makes pre-buyers more vulnerable to injury; from the perspective of external environment, the retardation of related legislation and loose supervision of responsible institution make the illegal acts hurting the pre-buyers more frequently. The objective of this article is to explore, under current legal system, the efficient mechanism of how to protect the proper interest of pre-buyers. Besides introduction and conclusion, this article consists of four parts: Part Ⅰ: An examination of conception and characteristics of the pre-sell commercial building contract. Firstly, it introduces the concept the pre-sell contract. Based upon which, it brings forward that the pre-sell contract is a specific commercial building business contract. Since it's different from pre-contract, installment contract and time-limit contract, the right of their related parties and their contract effectiveness are also not the same. Then it gives a brief introduction of the commercial building pre-sell procedure, which serves as a foundation of analyzing the pre-buyers' interests at different stages whereafter. Part Ⅱ: The protection of pre-buyers' interests during concluding commercial building pre-sell contract. It is well-known that concluding a self-contained contract is the best way to protect pre-buyers' interests. But the fact is that, the pre-sellers' deliberate fraudulence often affects pre-buyers' judgement and hurts their interests seriously, such like false advertisement and concealing material truths during concluding the contract. After analyzing the character of the commercial building advertisement, it advises pre-buyers to add the promises of advertisement to the annex agreement of the contract. Later on, it gives us a brief idea about what kind of responsibility the pre-sellers should take when the contract fails to be concluded due to their negligence. Part Ⅲ: The protection of pre-buyers' interests during fulfillment of the commercial building pre-sell contract. The long-term of the pre-sell contract decides the complexity of the contract's fulfillment. The article explores in detail the pre-sellers' four major obligations, namely delivery, anti-flaw guarantee, property's transfer and other incidental obligations, and then provides some efficient approaches separately like negotiation, intermediation and arbitration in case some conflicts occur during the fulfillment. Part Ⅳ: The protection of pre-buyers' interests during litigation. If negotiation, intermediation and arbitration all fail to be effectual, litigation is obviously the last tool that pre-buyers can resort to. It analyses what kind of responsibilities the pre-sellers should bear under the current legal system in case their obligations are fail to fulfilled.