Research Legal And Regulatory System Of Our Real Estate Sale

The presale of commodity apartment is a act which the real estate enterprises pre-sale the house under construction to the buyers and the buyers prepays the deposit or purchase price. The system for the pre-sale of commodity apartment initiated in Hongkong of our Country.as an important way of accelerating the relation of the capital and relieving buyers pay pressure, it was launched,and quickly develop, and for many countries and regions have adopted. In a certain period, the system of pre-sale commodity apartment for promoting our commodity apartment sales,the industry.the development of financial and improving the people's housing coditions were played an active role.however. as the system itself has some flaws, the rule of the relevant laws and regulatory problems, the number of disputes are constantly emerging. Appear in reality, such as misappropriation of funds for pre-sale, false advertising, housing quality standard, extension submitted to other violations and fraud, legal value to make the right judgments, the principal balance of the interests of all parties, as the real estate market continued healthy development of the road had to face a major issue. The resulting system of real estate sale also caused the retention of experts and scholars, the extensive public discussion and research.In addition to this introduction and thanks, but is divided into five parts, the main contents are as follows:The first part introduces the system of real estate sale. Development and characteristics. Real estate sale transactions, as a special form of a statutory pre-conditions, the subject of the special pre-sale, the complexity of the legal relationship, strong state intervention and the greater the risk of such characteristics.The second part, to the world and regional level on the real estate sale Lenient monitoring as a standard, pre-classified as a strict regulatory approach and a more relaxed regulatory approach. Regulatory approach by these two representatives of national legislation in the description and analysis of the results, summed up the worth of valuable experience to learn from.The third part, for the design of the system of real estate sale, real estate sale in the description of the status quo on the basis of analysis of the shortcomings of the existing system, there are pre-licensing conditions and market exit mechanism for the low vacancy on pre-funding of poor supervision and management of the registration notice is not perfect, and the absence of advertising management and other real estate sale.The fourth part, from the practical and theoretical aspects of real estate sale system problems caused by defects in full consideration of pre-sale system, abolition of differences in the interests of the parties to the grounds and views on the abolition of the system real estate sale put forward their view that the abolition of the current system of real estate sale is premature, therefore, further improve the pre-sale system is based on the current situation, we make the best choice.The fifth part, put forward a sound system of the concept of real estate sale:first, improve the commercial sale of market access and exit the main system; second, improve the financing of real estate sale monitoring system; the third, a sound of pre- notice of sale of real estate registration system; Fourth, establish and perfect the sale of real estate information disclosure system.