| The system of pre-sale of commercial building can help people realize their dreams that householder can own their house more conveniently. To seller, the pre-sale can accelerate the tour-over of capital; to buyers, it can ensure them obtain their house in the future in lower price. So, it plays an active role in improving the house condition and prospering the real estate market.However, the pre-sale system is to sell commercial building which was finished in the future, so the buyer has more danger than normal building sale contract. it is not a rare phenomena that some developers who often take advantage of their status as pre-sellers, violate the lawful rights and interests of pre-purchasers by using fraud, such as "false advertising","fraudulent silence" trick. This trick not only harms the lawful rights and interests of pre-purchasers, especially the right to know, but also affects the further development of the estate market in China in an adverse way. In order to protect their lawful rights and interests, pre-purchasers cannot expect the developers to consciously keep their word, merely depending on the contracts between them. Therefore, pre-purchasers can only seek legal protection to prevent the above practice from happening. The writer of this paper has made a systematic and in-depth study about how to protect the lawful rights and interests of pre-purchaser in the pre-selling of commercial building.This paper consists of three chapters. Chapter one, Summarization of the contract of Commercial Apartment's Pre-sale and the legal rights of the buyer. In this chapter, the author analyzed the establishment, legal characteristics, features of the contract of Commercial Apartment's Pre-sale and the basic legal rights of the buyer Through chapter one which is also the base of the whole thesis, readers can find out the root causes of the buyer's disadvantaged status in the contract.Chapter two, the paper makes an in-depth analysis about the major practices of false advertising in the process of preselling commercial houses and the causes of this practices. It is pointed out in the paper that this phenomena results from the imperfection of the related law system in our country. the writer studies the application of punitive damages to developers who violate the lawful rights and interests of prepurchasers on purpose in preselling and advances some suggestions about the system devised to regulate the estate market.Chapter three, the paper discusses how to prevent these cases of fraudulent silence from happening and how to regulate the estate market. The writer also brings forward her thoughts and suggestions using for reference the reasonable legislation and successful practices in some countries and areas.Chapter four, discuss the deficiencies and improve protection of the rights of the main legislative proposals .The writer maintained that prevarication cited punitive damages in the case, directly applicable to the relevant provisions of the "consumer rights protection act". The developers also proposed to establish and improve information disclosure system. |
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