The Perfection Of The Legal System On The Real Estate Sale

Since reform and opening up began, the standard of civil life including food andclothing has largely improved with our country’s economy blooming . however ,housing has become the first and foremost problem disturbing them. As the marketeconomy further developed ,state owned land-use right can be traded in the market.Meanwhile ,the original housing system has reformed ,as a result, the development ofcommercial house in China has entered an phase of unprecedented prosperity. Thecoastal areas takes the lead in introducing commercial house pre-sale system fromHong Kong , which is widely popular among the whole society . Commercial housepre-sale is a brand new method about commodity premises sales and purchase, it hasimmediately become the most significant factor in commodity premises sales andpurchase. The purchase of a commodity apartment can be payment by installment, itmake the people can own a house even though he is lack of fund. The system ofcommercial house has changed the investment environment of real estate, it has notonly become the mainstream mode in real estate sale, but also raised a large amountof construction fund for real estate project, which flourishes Socialist marketeconomy with Chinese characteristics.Admittedly, both sides who signed the pre-sale contract is with good wishes,hoping to realize their own legal right. Nevertheless, with the expansion of real estatemarket, our government put more investment in infrastructure field, as a result, realestate market is booming rapidly. According to the imperfect relative legal system,there is a certain degree absence about the supervision on commodity house pre-sale.Some illegal developers make use of these leak, engaging in neither“a room 2 sell”nor false mortgage, which disorder the real estate market and destroy the stability offinancial market. It damages the rights of pre-buyers and banks. In this text, the writerhas investigated and analyzed the condition of commercial house pre-salesystem ,then reach the conclusion of the existing problems below: 1.purchasing pre-sale commercial house needs to pay the full price without escrow. 2.It lower theMarket Access Requirements of real estate, the real estate viciously extends.3.thelegal system of commodity house pre-sale is not perfect enough.4.The governmentsupervising departments are not functioning well ,the supervision and administrationis out of order. The writer thinks that the problems of commercial house exist in thelack of relevant legal system, not pre-sale itself, there’s no mechanism whichparticularly protect the vulnerable groups—the buyers and control the sellers ofpre-sale commodity house which provide an opportunity for the immortal providers.Therefore , it is not good enough to rely on current legal system to solve theproblem ,while we should focus on studying how to perfect it in ourcountry ,complete it and modify commercial house pre-sale legal system.The writer illustrate examples, elaborate on real facts ,post questions thenanalyze and solve them as the idea of this article. By put light upon the currentsituation of commercial pre-sale, analyze and conclude the defect about how to dealwith existing problems , then provide rational suggestions to complete it .The articleis made up of around twenty thousand words, it can be divided into four chapters:Chapter 1 The writer begins with two typical cases of dispute about commercialhouse occurred in 2006 and 2007 in daily life, those two cases reflect the issue aboutthe damage of the buyers right and the defect to protect them existing in currentcommodity house pre-sale.Chapter 2 The writer introduces the existing situation of commodity housepre-sale by analyzing the concept and character of commodity house and itsdevelopment history.Chapter 3 The writer investigates legal system about commodity house in lots ofother countries ,analyze the mature experience in developed countries .Then compareit with our country’s ,reach a conclusion of main defects about ours.Chapter 4 The article returns to the orbit of norm analysis , refer to the defects ofcommodity house pre-sale contract which has lots of problems in protecting thebuyers, the writer come up with his own suggestions about notice of registration ofreal estate ,administration of regulating commercial pre-sale and strengthening thesupervision .These measures includes perfecting relevant legislation and provide the pre-buyers with legal basis to provide their rights.At last , the writer points out that with the perfection of legal system ofcommodity house pre-sale , we should set up pre-sale pilot .If the effect is active ,thenwe can spread it .The pilot should be set up in Ersan Xian City with balance supplyand demand ,basing on the real condition of different regional market ,in order to givethe providers a momentary transition period.