The Protection For Pre-purchasers' Rights

With the development of the real estate market in China, the Pre—sale of the Commercial House has been one of important sale forms. It is very important to the real estate management enterprises and pre—purchasers who buy the commercial houses.Because the Pre—sale of the Commercial House can in advance collect the construction fund for the real estate management enterprises,can help pre—purchasers to reduce the pressure of one-time payment and improve their living conditions,and can bring a market prosperity of real estate market. However we have to face another fact.it bring some problems,and during those the rights of pre—purchasers were hurt badly. Compared with the real estate management enterprises,pre—purchasers need more help. So i write this paper.My thesis consists of three parts:introduction, main body and closing。The main body is composed of five parts.The first part is a sketch of the pre—pale of the Commercial House,and introduces its characteristics from which we can learn the risk of the Pre—sale of the Commercial House.so pre—purchasers should pay attention to some respects during the procedure of purchase to protect their rights.The house is closely related to people's life and the stability of the society.So it is necessary to protect the legal rights of pre—purchasers.The second part firstly analyses the relationship between pre—purchasers and consumers.some people think pre—purchasers belong to consumers,some people insist purchasers are different from consumers.after analysis my conclusion is some pre—purchasers are consumers,while others are not.The third part analyses the main legal rights of pre—purchasers,including:the right to know or be informed the informant about the Pre—sale of the Commercial House,the right to get the houses with good quality,and the buyer has a complete property;the right to ask compensation, if the real estate management enterprises break the contract;Pre—purchasers have the right to ask the real estate management enterprises to help them to get the certificate of houses,and the right of terminateing the contract,and so on.The fourth part first introduce some typical infringements:false advertising;the housing quality problems, the area problems;the real estate management enterprises deliver the houses later than the time fixed in contracts,and don't help pre—purchasers to transact certificates of house property right. Without the agreement of pre—purchasers,the real estate management enterprises sell the house which have been bought by pre—purchasers to others,and so forth,and then analyses the causes.In the fifth part,the writer give several suggestions to protect the legal rights of pre—purchasers.As we know,in China,the Pre—sale of the Commercial House promots the development of real estate,so,it is a helpful system.However, because most of the laws on the real estate were constituted in the 1990s, according to the economic state in that time. With the development of economic,some regulations of the laws are out of age now,so we have to do some changes to perfect them.The writer suggest to do somethings to protect pre—purchasers's legal rights,as follows, improving eligibility requirements of the real estate management enterprises, the Registered capital of one hundred millions is too little.We could ask the real estate management enterprises to finish several floors before they begin to sale.To reduce the breach of contracts, pre—purchasers had better pay their money by instalments.If the real estate management enterprises do not do what they should do according to the contracts,pre—purchasers will not pay the money of rest,so the enterprises will have to perform the contract. Supervision on the usage of the money from the Pre—sale of the Commercial House should be improved to make sure it is used to build the houses.Besides,more severe punishments should be used if the enterprises break the contracts.Do a record of infringements done by the real estate management enterprises,to help people to decide which enterprise should been chosen,and we think most people will choose the one with good reputation, pre—purchasers should learn the laws on the real estate to protect themselves,and so on.