The Legal Nature And Effect Of Real Estate Subscription Book

Real estate subscription book is one of the subscriptions that signed before both parties sign a formal real estate sale contract. Both parties promise the related matters about signing a formal real estate sale contract in the future in the subscription. However, there haven't specific provisions about the legal nature, the force of law, and the liability for breach of the subscription book in the law, so the adjudgements of these legal disputes are quite difference between different courts. In this paper, a case as the object of analysis, effect nature, the real estate subscription agreement and violation of real estate subscription book liability were discussed,so as to obtain the analysis conclusion of the case study. Real estate subscription book should in principle be recognized precontract for commercial housing sales contracts,with elements of the real estate subscription book and the seller has received the payment shall be directly identified as commercial housing sales contracts. Effect of real estate subscription book should be based on the complete extent of the subscription book to distinguish.When the liability for breach of contract coincidences with and the approximately contracting negligence liability,the law should give the parties the right to make a choice.The liability for the breach of the precontract contains specific performance problems when the real estate subscription book is a “must Contracting obligations”.