Commercial Subscription Book, Legal Issues

In the real estate transaction process, the parties to the transaction prior to the signing of the formal contract for the sale, often pre-sign a housing offers. Because China's legal circles on the nature of the subscription, carry out, such as liability for breach of contract, there are many disputes, resulting in practice because the offers and disputes arising from the application of the law in chaotic situation.Housing offers as a pre-contract for the sale of the subscription (including pre-sale contract, the same below) appointment, its role is to provide preliminary agreement terms and conditions, fixed trading opportunities, and change the reality of potential buyers for the buyers, the legal effect is bound by the parties to call on agreed in the agreed period of the introduction of a formal contract for the sale of commercial housing.The key of implementation of housing offers is that both sides of their rights and obligations. Include: first, to a reasonable conditions actual negotiations obligations. Specific performance: First, the nature of refusal in any negotiation; Secondly, the excess shall not be inappropriate to impose unreasonable conditions of the agreement; once again, will not be allowed to set up obstacles impeding an agreement is reached. Secondly, the ongoing negotiations obligations. In the absence of specific performance justified a party are not allowed to randomly interrupt the negotiations. Third, the relevant accompanying obligations.Housing offers are pre-contracts. As to those who violate the pre-contract of legal responsibility, academics said there are three different competing views: the responsibility of non-compliance, the contracting responsibility for negligence and breach of contract responsibility and contracting fault liability. This article holds that the breach of the pre-contract default is the legal responsibility and the responsibility of the competing parties fault liability.As a pre-contract,housing offers will have certain legally binding effects once it is entry into force between the parties. According to the contract the parties have not agreed fulfill their own obligations under the contract, will have to bear responsibility for the corresponding default unerring party is entitled to seek legal relief, breach of contract, in the form of responsibility and the responsibility of violating a general contract form the same, including the actual discharge and take remedial measures, compensation for losses, pay a penalty, such as the deposits.The author raises the issues by introduction into a controversial real case , making the focus of controversy main line, with the point of view of pre-contract. On the first part of the case, the second part of the subscription of the legal nature, effectiveness, performance and the legal responsibility to investigate, as well as for the final opening, a detailed analysis of the case, concluded that aims to solve practical problems in the legal arguments for reference.