Research On Forward Purchasingfor Commodity Houses Behavior's Legal Regulation

With the social and economic development, real estate reforms began, to further promote the commercialization of housing, real estate sale system has been established in the law followed. However, due to inadequate legal system and judicial practice of the new problems exposed in the real estate sale in a number of legal issues, such as forward purchaser paid in advance to buy a house security system caused by the lack of down the drain; developers will sold but not the actual delivery of housing re-mortgage; developers to use "fake mortgage" the implementation of fraud; developers using false advertising to deceive forward purchaser and so on.This in-depth analysis of our pre-sale system in the absence of legislation, and analyze the root causes of their problems, including the liability provisions of the lack of actual binding, false propaganda and lack of extension submitted to the compensation, the absence of real-time supervision and risk-sharing systems that lack the five aspects of information disclosure system. China's real estate sale analysis of the absence of legislation, proposed legislation on the regulation of real estate sale behavior countermeasures. First, the "Property Law" notice registration system improve the imperative; the same time, allow the existence of sale system, then it must establish a real estate sale insurance system, through the implementation of the pre-sale insurance system, not only can compensate the purchaser because of losses caused by the breach of developers, you can also increase the cost of real estate developers for breach of contract. Secondly, we should expand the scope of punitive damages in the real estate sale, deal with the developers to make a highly condensed summary and summary of the fraud of the purchaser in order to avoid too narrow due to legislative provisions of a result of legislation outside the scope of legislation fraud, the court applies to the embarrassment of punitive damages. And make punitive damages in the amount of the double standard of compensation. Finally, reduce public information search costs to consumers or the public consciousness to find a real estate sale, to maximize the elimination of the state of "information asymmetry". For the commercial sale of capital regulation, pre-and risk-sharing and other things, after the dynamic supervision must be to improve the "overall situation" and "seek temporary" attitude.