Legal Analysis Of Liang V. Jinsha Real Estate Development Co., Ltd.

With the continuous development of the real estate industry in our country, the purchase of commercial housing has been a topic of great concern to people. Presale of commercial housing as an important form of housing sales for the real estate developers to speed up the return of funds played an important role. In business marketing model innovation today, the developers means of raising is also a new guise, to property buyers receive sincerity fund of the typical representative. The amount of gold is generally not low, but it does not play a role in the binding of the deposit. How to treat the charge Sincerity fund, charged Sincerity fund phenomenon of China’s commercial housing market benign development whether Lee outweigh the disadvantages,or more harm than benefit, whether there is a need to be restricted and regulated,is our country society is badly in need of solving problems.In this paper, the beam sues the Xiamen Real Estate Development Ltd. the case as the breakthrough point, combined with China’s current "on Several Issues concerning the application of law in the trial of the contract for the sale of commercial housing Dispute Cases Interpretation", the contract for the sale of judicial explain three" legal articles, through the discussion of the appointment contract the nature and legal effect, the further understanding of the essence of Sincerity fund. And how to avoid the risk of the housing purchase contract and the construction of the legal system to make the corresponding legislation and judicial recommendations.This paper is divided into three chapters for the need of the article.The first chapter is divided into three sections. This chapter mainly to beam a lawsuit against Xiamen real estate development company case as the breakthrough point,in case the whole story are introduced,at the same time,analyze the essence of the problem and summarizes the focus of controversy.The second chapter is divided into three sections. In the first section, the legal effect of the key contract of this case, "a court VIP card",is determined. The second section, based on the analysis of the last section, further discussion should be how to treat the case of the nature of the sincerity of the problem. In the third section, the judgment of the case is generally determined by the identification of other cases for similar problems.The third chapter is divided into three sections. This chapter analyzes the legal issues caused by the case. The first section analyzes the potential hazards of the collection of good faith. The second and third sections are put forward to solve the problem of the legislative and judicial recommendations.