Research On Legal Issues For Pre-buy Type Of Real Estate Crowdfunding In Group

Pre-buy type of real estate crowdfunding in group is based on the purchase of the investors made home ownership purposes. This type of real estate crowdfunding is consistent with crowdfunding nature, and has large share in the real estate crowdfunding market, so it is representative. Real estate crowdfunding in our country is in the ascendant, which stimulates the vitality of Internet finance markets and promotes the development of the real estate industry. As in the initial stage of development, real estate crowdfunding is also facing many problems worth exploring. In this paper, we will discuss the legal risks of pre-buy type of real estate crowdfunding in group by analyzing the classic case of North of Guangzhou Vanke City Real Estate Crowdfunding Project. With the United States crowdfunding practical experience, I will make some recommendations to pre-buy type of real estate crowdfunding in group.The first chapter introduces the basic situation of China’s real estate crowdfunding, and pre-buy type of real estate crowdfunding in group is the mainstream model. Divided according to the purpose of crowdfunding, China’s real estate crowdfunding can be divided into the following three crowdfunding mode: Marketing Type, Investment Type(including pre-buy type in group and type of investment income) and Cooperative housing Type. Meanwhile, the first chapter analyzes the causes of real estate crowdfunding’s rapid development in our country.The second chapter analyzes the legal relationship of the pre-buy type of real estate crowdfunding in group with north of Guangzhou Vanke City crowdfunding project as an example. Under the premise of Introducing the project details and analyzing advantages, the legal relationship among real estate developer, crowdfunding platforms and investors are analyzed one by one. Clarifying the legal relationship among the main body is the basis of clearing rights and obligations.The third chapter analyzes the existing legal problems of the pre-buy type of real estate crowdfunding in group. Real estate crowdfunding platform is facing the risk of committing the crime of illegal deposits from the public and illegal precipitation of crowdfunding funds, investors are facing the contract risks of fraud and contract breach and real estate companies are facing the risks of imperfect information disclosure issues, being in violation of the real estate sale and legal risks in the development and construction process.The fourth chapter discusses the related development countermeasures for the legal issues raised by the third chapter with reference of US JOBS Act. The real estate crowdfunding platform should strengthen management especially financial management, and small exemption rules should introduced in the regulatory field. Investors need to understand the relevant information about the real estate crowdfunding projects and contract carefully with particular attention to the breach of contract clause. Real estate companies should improve the information disclosure system and in terms of real estate sale should ensure compliance, with prevention of legal risk in the course of construction.