In The Pre-sale System, Protection Of Purchaser Interests

Commercial house preselling is a new system coming from in ninety decades. Relative to finished house sale, it belongs to unfinished house sale. It is advantage to developer with faintish capital, because developer can sell unfinished house and get exploitative capital from buyer, so he can start-up a big building with less money. On the other hand, it is good to buyer who can buy house with fixing price and eliminate their worry to the uncertain future. For Real Estate develop need plenty of money, developer need raise money through some way, so commercial house preselling become a normal way to raise money. It is used in Shenzhen,Zhuhai areas first and popular in different areas in China. It is proved that this way is not only benefit to raise money, do business well, elude risk, but also to expansion and consummate capacity and content of Real Estate market. Operating of Commercial house preselling spur to enlarge the bound of supply and demand, also allure demos to participate. It is good to Real Estate develop, improve demos housing condition and keep property value.Otherwise, in the both side relationship of commercial house preselling, they have different posture from the bargaining of chattel and the immediately bargaining of estate. Commercial house preselling has some characteristic of long bargaining cycle, poor predictability, high value object, multilateral preselling contract sides and affected by the central government. In order to purse profit, developer will harm buyer using their economic, status, information etc. During commercial house preselling, Dissension is going on because buyer has not enough knowledge to commercial house market, actual law and rules are faultiness. Furthermore, buyer has not enough strength to avoid and stop illegal action of developer with actual law during commercial house preselling. Their right cannot get abundant almsgiving and guarantee, it is very extrusive of protect of commercial house consumer's right. The paper study how to protect buyer's right in the commercial house preselling and hope to offer fodder and point of view to make the commercial house preselling system perfect On the base of not to cancel the preselling system and link to our country law and judicatory practice.