Research On The Protection Of The Rights And Interests Of The Buyer In The Pre-sale Of Commercial Housing

In the process of social development,the commercial housing transactions are increasingly diversified,Today,the sale of commercial housing has become a major real estate transactions.Pre-sale system is not created by the Chinese mainland,It is in reference to Hongkong and other regions of the relevant systems,combined with the actual situation in the mainland,In the early 1990 s,the Chinese mainland introduced the sales model.Commercial housing pre-sale system has solved the financing problems of real estate enterprises,and plays a positive role on promoting the rapid development of the real estate industry,at the same time,It eased the economic pressure on residents purchase.However,with the rapid development of commercial housing in China,the problems arising from the system are more and more,especially the damage of the rights and interests of the buyers.In practice,Damage to the interests of the buyers has occurred:Sellers repeatedly sold the same of houses,Sellers sell commercial housing without a license,adn lead to the buyer can not obtain property rights,Sellers are not in accordance with the provisions of the delivery of housing,The quality of the house delivered by the seller is unqualified,Sellers abuse of the terms of the format to reduce or exempt their responsibilities ect.,These not only violated the normal interests of the buyer,but slao affected the healthy development of the real estate industry.The reason can be considered from the following:Commercial housing pre-sale registration system deficiencies;Sellers do not take the initiative to record the lack of effective regulation.The lack of effective pre-sale of commercial housing use supervision system,the pre-sale funds can not be earmarked;Existing housing quality inspection system defects,Sellers as the subject of acceptance have too much power;The lack of strict pre-sale advertising regulatory measures;Commercial Housing Sales Contracts(pre-sale)model text gives sellers too broad choice;Asymmetric information between buyers and sellers.These make the rights and interests of the buyer can not be effectively protected.With the development of the real estate market,the existing legal system can not solve the disputes of the pre-sale of commercial housing.Therefore,The protection of the rights and interests of the buyers have not been fully protected by law.In the light of the main problems and the specific reasons for the damage to the rights and interests of the buyer,at the same time,combined with China's national conditions and the development of the real estate market,learn from foreign countries and Hongkong and Taiwan in the pre-sale of commercial housing for the protection of the rights and interests of the relevant provisions.We can make recommendations to improve the following aspects:Improve the commercial housing pre-sale registration system,strengthen the supervision of pre-sale;Improve the use of commercial housing pre-sale supervision system to ensure that the pre-sale for housing construction;Improve the quality of commercial housing inspection system,strengthen the responsibility of government construction quality supervision departments;Strengthen the supervision of commercial housing pre-sale advertising and the responsibility of advertising fraud;Improve the Commercial Housing Sales Contracts(pre-sale)model text,appropriate restrictions on the choice of sellers;Improve the information disclosure system,clear the obligation of the seller's information disclosure.