A Legal Study On Real Estate Presale Contract

Real estate presale is a modern housing trading behavior developed last ten years, although related to the development of the system has been in a state of perfect, but there are still many failings.That the most prominent problem is pre-orderin party Rights Protection. In the real estate sale contract signing and the implementation process, there is a wide variety of contract disputes, most of the buyers who do not really protect their own rights. This article is that on the basic of our current system of real estate, to discuss relevant issues of presale real estate contract, such as the entry into force of presale contract, registration problems, the issues related to subscription contract, contract disputes and other issues, then improve the comments for these issues. And in order to be benefit for the healthy development of the pre-sale real estate system.This article is divided into five parts.The first part is an overview of the presale system and presale contract.In this section, the presale of real estate developing process was reviewed. And the essay puts forward views on the nature of the presale contract. In addition, the effective elements of sales contract was discussed, that is the subject of the presale contract qualifications, declaration of will from parties and the legalization about the content and form of the presale contract, so as provides the basis for the view described below.In the second part, the paper mainly discussed the registration of real estate presale contract.As described in the article, our current sales contract is only the registration of ordinary administrative nature. The effectiveness of that registration can not give the rights to the pre-orderin party superior than the third party about the claim of real rights. In view of the relevant provision of international and the formulations of registration requirements of the notice for our country, the author proposed registration should be perfected as the notice of the nature of registration for pre-sale contract. In the third section,the thesis discusses the issues that are related to effectiveness of sales contract.The issues mainly discussed the presale permit, the relationship between the subscription contracts and presale contracts, and the impact of their effectiveness. I consider it can not lead to the presale contract of no avail when the presale contract absence of the presale permit but should be analyzed specially. In addition, I believe that the ralationship between relationship between the subscription contracts and presale contracts should be determined by specific content of subscription contract.The fourth part of the article discusses the common commercial disputes of the contracts in practice.These disputes include the area of dispute, the quality of dispute, the deposit disputes, sale of real estate ownership disputes and ads of disputes. The article analyzes the causes of these disputes, and put forward some feasible solutions.The last part mainly discusses the regulation and improvement for the signning and performing process of presale contract.This part is put forward on the basis of first four parts of the article. The article proposes the improvement of format terms in the contracts, and focuses on the protection of pre-orderin party as a starting point, proposed a series of regulatory measures, such as standarding developers' qualification, providing purchasing insurance for pre-orderin party, strict ing developers'obligations of disclosing information, improving the registing system of presale contract, and strengthen the supervision of presale advertising and presale fund...