Commercial Housing Pre-sale Contract Entered Into Self-protection, Of The Stages Of The Buyer

A house is one of people's basic necessities, so only when living in contentment, can one take pleasure in work. As the vast majority of house buyers can only afford to buy a house, the lack of real estate-related experience and related legal knowledge makes the buyers obviously at a disadvantage when they conclude pre-selling contract of commodity housing with the sellers, namely the house developers. Moreover, the pre-selling contract of commodity housing often in effect for a long time, with complexity and many uncertainty factors, so the legitimate rights and interests of the house buyers are infringed frequently. However, majority of the house buyers whose rights and interests are infringed have not obtained the proper judicial and the administrative relief, thus the house buyers' legitimate rights and interests have not been adequately protected.At present, most of the papers related to the pre-selling contract of commodity housing make a theoretical study of the system from the aspect of perfecting the relative legislation, and the research on how to improve the house buyer's ability of self-protection is inadequate. Laws and regulations require relatively low on the conditions of pre-selling commodity housing, and the regulation related to the house sale and financial credit are imperfect. The supervising mechanism of pre-selling commodity housing is also ready to be perfected, and the entire society still lacks effective good faith restraint mechanism. At current stage of China, the house buyers are of weak legal awareness and poor risk prevention ability, so it is rather necessary to research how to guide the house buyers to sign a complete contract, which is of great significance to improve the risk guard ability and protect the legitimate rights and interest of the house buyers.The paper is composed of four parts with approximately 20 000 words.Part one outlines the basic concept and the theory about the contract of commodity housing sells in advance and introduces the concept and characteristics of the commodity housing and the basic concept and theory of contract.Part Two, through analyzing the frequently occurred contract disputes during commodity housing pre-selling, the author induces four kind of risks the housing buyers might run into during the process of concluding the contract, namely the risks of unqualified commodity house sellers, the risks of expressing defect of the buyers, the risks of the right defect of the subject matter and the risks that the contract form might be in conflict with the law requirement.Part Three deals with the four kinds of risks mentioned in the second part by proposing countermeasures. First, the buyer should request the seller to show their qualifications, make sure there is no right defect of the commodity house and land employment by inquiring the real estate control section; Second, the buyer should carefully examine the contract provisions the sellers provides, proposes their own revision opinion on provisions which has the different meanings in the contract striving for a fair contract. Third, the buyers should design the key provisions such as the violation responsibility provision, the seller's right-defect-free provision and so on to work out a complete contract as far as possible. This article puts forward the concrete proposal on six key provisions. In order to sign a complete and fair contract as far as possible, the buyer not only should persists on their rights, argue strongly based on reasoning, but also realize a fair deal by inviting professionals and negotiating with the seller in a group.This article is designed from the practice angle, aims at serving the buyers when he signs commodity housing pre-selling contract, through method theoretical analysis and real diagnosis analysis, general analysis and case analysis, specifically instructs the buyers to work out the commodity housing pre-selling contract and to make it legitimately effective and as complete as possible to restraint cheating and violating behavior of the seller in maximum. The methods mentioned in this article is practical and operational, and have the practice value on sharpening the housing buyers' risk-guard-ability, promoting the truly equal, fair transaction.