Legal Measures, Risk Control Of Real Estate Sale

Originated in HongKong and introduced into the mainland, the system ofcommercial house pre-sale has made a great contribution to the development ofthe real estate market during the past two decades. Its financing ability can gathermoney for the real estate developers, making the developers to join this field easier,reducing the financing pressure of the developers, promoting the developer'senthusiasm, and urging the real estate market growing faster. However, everysword has two blades, the commercial house pre-sale has more serious risks thanthe commercial house sale because of unreality trade object and long fillfil period.Those cause some illegal phenomenons, such as sell the same house to differentbuyers, postpone the hand-over date, stop building for lack of money. Therefor, it'sbreaking out a dispute about the existence or abolishment of the commercial housepre-sale system in academe. The author think it's not wisely to abolish thecommercial house pre-sale just because its high risk, it ought to strength the systemof commercial house pre-sale and the other systems related to it, in order to controlthe risks. In this purpose, this article plan to research the way to control the risks ofcommercial house pre-sale in the aspect of economic law. The author hope thisarticle can enrich the theory system of economic law, and can direct the practice.This article divided into five parts except the forward and the conclusion.The first part: General theory introduction.Firstly, the author discuss the definition, character, and quality of thecommercial house pre-sale. Secondly, analyses the reasons which cause the risk ofcommercial house pre-sale and introduce its damages based on the formerconclusion. Eventually, the author proves that it's possible to control the risk ofcommercial house pre-sale according to the former two parts; meanwhile, pointingto that it's a complex task to control the risks.The second part: The management of permission system of commercialhouse pre-sale.This part will discuss how to control the risks of commercial house pre-saleby detail systems, after the general theory introduction. This part will begin in thepermission of system according to the logical order, and will discuss in three aspects: firstly, introduce the situation and it's problems of the current permissionsystem of commercial house pre-sale; Secondly, put forward some reform adviceto the problems which were introduced in the former part, including the system offund supervising, the system of developer's reposal supervising, and the system ofcompulsive insurance of commercial house pre-sale; thirdly, summarize thepositive senses that better permission system to the risks control of commercialhouse pre-sale.The third part: The choice of contract form and the management of contractcontent.Firstly, introduce the characters, the advantages and the disadvantages of theform-item in the aspect of the contract form, and discuss the particular sense whichthe form-item to the commercial house pre-sale. Then analyse the problems andtheir solutions of form-item of commercial house pre-sale contract. Eventually,summarize the positive senses that the management of form -item to the riskcontrol of commercial house pre-sale.The forth part: The efficacity and management of the advance noticeregistration of commercial house pre-sale.This part divided into four parts: firstly, analyse the efficacity of advancenotice registration of commercial house pre-sale in theory aspect, especiallyintroduce its priority efficacity within the new＜Property law＞; secondly putforward some advice to perfect the efficacity of advance notice registration,according to the existing lay; thirdly, discuss the way to improve the supervisingof advance notice registration. Eventually summarize the positive senses of theadvance notice registration to the risk control.The fifth part: The supervising of the pre-sale fund.Firstly, prove the necessity of the supervising system of pre-sale fund;secondly, introduce the existing law circumstance about pre-sale fund supervisingsystem and it's defection. Then put forward some suggestions to perfect it,according the experience of HongKong and Germany. At the end, summarize thepositive senses of pre-sale fund supervising system to the control of risk ofcommercial house pre-sale.