Study Of A Number Of Legal Issues In The Real Estate Sale

Commercial House Pre-sale system was created to resolve the housing press, which entitles the purchaser benefits and convenience and also the developer more capital to developing. However, the current commercial house pre-sale system also has its shortcomings, due to the existing applicable laws, regulations and policies on the basis that pre-sale registration has been accepted by Property Law and House Registration Measure, the writer provides suggestion to improve commercial house pre-sale system through comparative analysis of the commercial house pre-sale system in Hong Kong, Taiwan, Germany, Japan.This essay is divided into four chapters:Chapter one is focused on the fundamental theory of pre-sale and the risk hidden therein. The writer introduced the history of commercial house in China, and the source of pre-sale, and analyzed the legal nature of pre-sale contract. The writer also discusses the risk may happen during Pre-sale and how to avoid it.Chapter two is concentrated on pre-sale registration system. The writer introduced the source, legal force, modification and cancellation of pre-sale registration system. Hence, the writer proposed some pieces of suggestion to improve the current Pre-sale registration system.Chapter three is emphasized on the risk control of pre-sale system. In view of the existing laws and regulations and specific requirements of pre-sale system, the writer emphasize the measures to control the risks in commercial house pre-sale.Chapter four is about the transfer of the rights and obligations under the pre-sale arrangement. Although it is forbidden to transfer the pre-sale arrangement in our country at the stage, still the writer holds that we should try to improve relevant theories and practice in respect of the transfer of commercial house pre-sale arrangement rather than forbidden the transfer thereof.