Research On The Protection Of The Pre-buyer’s Rights In The Pre-sale Of Commercial Buildings

Real estate industry has a close relationship to the national economy and people’s livelihood. Since the housing market, the real estate industry prop up half of the development of China’s national economy and also have a more profound affected the lives of ordinary people. At present, the proportion of commodity house opens to booking a common in all major cities is more than 80%, so the commodity house opens to booking system to safeguard the rights and interests of buyers, maintaining the order of commercial housing market is of great significance.This article is divided into three parts. In the first part, the author will introduce this background of this selected topic and significance, research methods and the main contents. The second part, which is also the main part of the article, is divided into four chapters. In the first chapter for the commodity house opens to booking purchase in advance to protection of the rights and interests of parties, from the concept and features of commodity house opens to booking commodity house opens to booking purchase in advance to party as the parties to a contract in which enjoys the rights and interests of consumers and, in the practice of the main form of pre party rights and interests by diffusion is discussed in detail for later. The second chapter is for the protection of the rights and interests in the commodity house opens to booking purchase in advance to party information, first discusses the theoretical basis, the protection of the rights and interests of information then from two aspects of false advertising and concealing important facts in commercial housing purchased was discussed the main performance of the information asymmetry between the seller and the buyer and its solution. The third chapter is for the contract of commodity house opens to booking purchase in advance to party. In the first part, the author will discuss the theoretical basis of the contract to protect. The second part is specific focus on the area of the more important terms in the contract, pay floor and delayed disclaimer, quality and warranty, property guarantee clause to make a concrete analysis, put forward to perfect the "commercial housing sales contract demonstration text" and relevant legislative suggestions. In the fourth chapter, the attention is paid on the registration of commodity house opens to booking purchase in advance to party’s rights and interests’ protection. First theoretically determine the commodity house opens to booking register put on record is the nature of creditor’s rights registration and administration means. Secondly, the author will analyzes the pre-sale registration system to protect and advance party of the insufficiency of the real right, puts forward the improved system of pre-sale registration gives specific suggestions on the advance notice registration validity. The third part is the conclusion, summarizes the article main body part of the perfect pre party rights and interests protection suggestions.