Study On The Case Of Dispute Of The Underwriting Of Commercial Real Estate Between Zhongchang Company And Shengtian Company

Underwriting of commercial real estate is a new way of selling the real estatemarket along with the continuous development of the real estate market, and has beenwidely usedin the field of real estate sales.With the number of transactions isincreasing,the number of cases are associated with growing. Law on real estateunderwriting is not perfect, so there are difficulties in the application of law inpractice. This paper summarizes the focus of controversy from the three practicecases.In the first chapter,a case in practice were summarized, including the basic case,the judgment of first instance and second instance,and three controversial focuseswere summarized.The second chapter discusses the theoretical basis of commercialunderwriting,and outlines the concept of real estate underwriting, characteristics andlegal relations, as well as questions about the underwriting of commercial lawapplicable to the existing legal provisions exist.In the third chapter, focuses of controversy are in-depth analysis. Each chapterfirst discusses the relevant theories, and then analyzes the specific focus ofcontroversy in this case and comes to a conclusion in the end.In the first section, thelegal nature of real estate underwriting is analyzed.Thissection mainly studied thelegal nature of commercial property underwriting, remove the condition ofcommercial property underwriting contract as well as the injured party can get profitloss compensation.There is controversy about the legal nature of commercial property underwriting.This problem is also the premise to solve the problem of other.In thispaper, for a variety of often said that after the detail of the we hold the commercialproperty underwriting contract should belong to the nameless contract and is differentfrom the agency appointment contract, and the client does not have theright oftermination without any reason.In the second section,thefocus of whether company have alegitimate right of cancellation is analyzed.Inthepractice,there are different calculationmethods on available profit loss. Through discussingthethesecalculation methods,Anappropriate conclusion in this article.