Study Of Pre-sale Legal Issues

After Hong Kong Lixin real estate company put forward the pre-paid commercial house strategy in 1954, this kind of strategy, which plays an inestimable role in flouring the real estate market and stimulating residence consumption, is prevalent everywhere and gains popular approval. Pre-paid commercial house and livable house selling has become the two major methods in china.The paper expounds relevant law question about forward sale of house in four chapters.The first chapter: Survey of the pre-paid real estate sell. This chapter expatiates the controversy about the character of pre-paid real estate sell. Pre-paid house marketing, as a special kind of dealing of forward delivery, has the characteristics of no livable house available, the complexity of legal relation, state intervention and so on. The analysis of the pre-paid house dealing can help the subscriber get a better understanding of the pre-paid real estate dealing.The second chapter: Discussion the rule and regulation about pre-paid house dealing. The chapter first explains and analyzes the house registries of advance notice's definition, character, legal nature and through the research about it, I believe that only by enhancing the management and implementation of the registries of advance notice can we prevent the seller form selling one house to several buyers and safeguard the subscriber's legal right. Second, the paper also analyzes the pre-paid house marketing transfer, namely house under construction transfer, which divaricates a lot in the academe field. The paper analyzes the rationality of its existence and clarifies the indispensable conditions about pre-paid house transfer to get the subscriber's more attention in house under construction transfer. The discussion of problems such as house registries of advance notice, house under construction transfer can improve the buyers' right consciousness and help the subscribers fully understand that only by completing relevant rules can they protect their rights.The third chapter: The change of circumstances principal in pre-paid house dealing. This chapter accounts for the prerequisites of the change of circumstances principal in pre-paid house dealing, and distinguishes of the principal and relevant concepts. Theexplanation of this principal can help the subscriber to comprehend incident changing in contract implementation and prevent the seller form infringing on the buyers' rights and interests that should be enjoyed.The fourth chapter: The subscriber's rights. This part is the conclusion of the pre-paid commercial house dealing-protecting the subscriber's rights. The paper approve of applying consumer protection law in commercial house dealing and makes perspective analysis of several basic rights that the buyers should enjoy such as the right to know, the right to fair deals.