The Impact Of Price Fluctuations On The Pre-sale Contract Of Real Estate

The pre-sale of commercial housing system in China mainland has indeed accelerated the development of the real estate market since the application, the funds interaction between the banks, pre property buyers and developers make them all benefit through the pre-sale. However the overheating of real estate market will inevitably lead to the property bubble, Housing prices fluctuate significantly in the dual regulation of the government and the market, and because the large value attribute of commercial housing itself, price fluctuations affect the performance of the pre-sale contract to a certain extent, thereby lead to contract disputes. Therefore, it is necessary to further clarify the legal issues about the pre-sale contract, and analyzes the different objective factors which cause price fluctuations, as well as how these factors affect the commercial housing pre-sale contract, and how to deal with these objective factors in the practice of the sale contract.This thesis overall adopts the logic analysis method, empirical analysis, value analysis and model analysis at the time of the study.The first part analyzes the legal problems of the existing legislation on the pre-sale of commercial housing contract and this part mainly studies three problems: firstly, summarize the theoretical circles on the nature of the pre-sale contract and make a further analysis to the nature of the commercial housing pre-sale contract. Secondly, classify the pre-sale contract on the basis of the previous part and define the pre-sale of commercial housing contract as the long-term performance of the contract of sale. Thirdly, we think the pre-sale of commercial housing contract belongs to the category of the contract after carry on an analysis from the angle of the contract and the pre-sale contract.The second part discusses the objective causes of price fluctuations, this part analyzes mainly from the government factor and the market factor and the two factors are refined. The government factor is divided into three categories: normative documents formulated by the government in the macro, short-term policy related to the real estate market in the middle and the specific administrative act in the micro. The market factor is divided into spontaneous market behavior and induction of market behavior.The third part classify the objective factors on the base of analyzing the objective factors on the impact of price fluctuations in the second part, which belongs to the force majeure factors and which are factors of the change of circumstances, because the application of this two principles in the contract is the ultimate expression of the impact of price fluctuations on the pre-sale contract. Through the analysis, the force majeure factors is not applicable to these factors, most of them are belong to factors of the change of circumstances.The fourth part is a discussion on the application of the principle of the change of circumstances in the pre-sale contract mainly from the specific operation and standards. And in the end the real estate market is divided into the investment market and the consumer market, then explore the possibility of suppressing the irrational fluctuation of housing prices through the market reconstruction.