Analysis For The Legal Relationship Of Real Estate Pre-sale Contract Disputes

One of the popular form of real estate sales in recent years is the pre-sale of housing,with this method,the Developers can raise capital in advance,then can cut lots of bank interest,the buyer of real estate also can get profit by buying advance because of the pre-sale real estate is the cheapest.The Pre-sale of real estate is Win-Win for both the buyer and seller,and also promote the Socioeconomic.But compared with the sale of completed real estate,the pre-sale real estate is still under construction,then the performance of the contract is longer,much more risk and complex,and the Legal relationships involved are much more.At the same time,the pre-sale of real estate is not mature,relevant laws and regulations are not completed,the supporting facilities is not consummate,even in some area the development of pre-sale of real estate is on the way of deformity.Because the legal relationships of pre-sale real estate involved is much and complex,this article will to analysis the legal relationships of pre-sale real estate involved.This article altogether is about 16,000 words divided into five parts.The first part introduces the basic facts of a real estate pre-sale contract dispute that Mr Quan sues Hongshu Bay Company and Ding Shun company.The case relates to the sale of legal relations between the main multilateral persons,including the pre-vender,pre-vendee,real estate agencies and banks,the focus of controversy in three aspects: Firstly,what about the nature and effectiveness of the intending compact of building signed between Mr Quan and Hongshu Bay Company;Secondly,the agency relationship between the Hongshu Bay company and Ding Shun company is effective or not;Thirdly,who will bear the loss that Mr Quan suffered.For more than a focus of controversy,the Court finds that: First,the intending compact of building nature of the sales contract,because the people in front of the sale contract and during the prosecution,no pre-sale permit,and therefore have no legal effect;second,identify Hongshu Bay company and Ding Shun company exists on the agency relationship,the Court of First Instance that the lack of evidence can not be identified agency relationship between the two sides,the court of second instance there are different views,that the Dingshun company not only has Hongshu Bay company issued power of attorney,and the Dingshun company charged a ? 20,000 earnest money transferred to the Hongshu Bay company,in order to identify the presence of both the agency relationship;third,assume responsibility,since the two courts of the agency relationship finds different in responsibility also appears different judge the results.The second part researches the legal relationship in the intending compact of building signed.Firstly,the characteristics of real estate pre-sale contracts for analysis,it has the following three characteristics: First,real estate pre-sale shall been signed in a written contract,which is a formal contract;Second,there is different from the pre-sale contract is now on sale contract,the sale time limit,characteristics appointment contract is a special contract for the sale;Third,pre-qualification and demanding specific.Secondly,the nature of the case intending compact of building,obtained it belongs to real estate sale contract conclusion.Again,based on the sale contract relationship between the pre-vender and pre-vendee to sort out: when it comes to consignment issue,there has been the subjects including pre-vender,pre-vendee,real estate agent,legal relationship between the tripartite body;when the pre-vendee can not pay the whole money in one-time,then he needs to bank mortgage loans,the legal relations involving the pre-vendee,pre-vender,and the banks.The third take Mr quan sues the Hongshu Bay company and Dingshun company for the disputes in housing transaction as example,for part the agency relationship disputes arising,including the identification of the principal-agent relationship of commitment and responsibility at different relationships.The fourth part affirms the type and validity of real estate pre-sale contract disputes.Article according to real estate sale contract to divide the different body types,different body produce different types of disputes,including disputes arising from the relationship between one contract for the sale,mainly not obtain pre-sale permit,and not when the pre-sale behavior the effectiveness of the registration record of sale contracts were identified;the second is based on the agency relationship disputes arising,effectiveness dealers charge a high premium models identification problems;Third,the legal relationship between pre-vender,pre-vendee and banks,including the sale of warrants found responsible manner,scope and duration,as well as identification of the effectiveness of the registration of real estate sale notice.The fifth part reconstructs the current filings.In the real estate pre-sale aspect relates to laws and regulations are mainly involved in the "Contract Law","Property Law","security law","City real estate sale management law","real estate sales contract interpretation," "Real estate pre-sale management approach " problems have strict codes of conduct sales developers,real estate agencies access threshold is low,the judicial interpretation of the pre-registration system there is a deviation mortgage,real estate sales prices are not standard,the above problems,I believe that it is necessary to increase the the responsibility of developers,to establish credibility regulatory system that requires developers to bear note,warning obligation,developers can not do more damage to the buyers obligation of joint and several liability with the person in actual damages;Second,the registration agency into the system should be strict,the behavior of the implementation of consignment should be registered;Third,in order to allow banks to enjoy priority for repayment of the sale of real estate,mortgage improvement notice registration system has allowed the effectiveness of property rights;Fourth,establishes real estate sale price review system,the excessive price increases real estate projects or high pre-rates review and requires the pre-vender's description.