Analysis On Delivery Conditions Of Commercial Housing Of Pre-sale

Housing is such an important part in everyone's daily life,which leads to a number of disputes of the transaction of commercial housing,that the settlement of disputes is particularly important.Through the search of commercial housing pre-sale contract disputes throughout the country,it can be found that lots of disputes are related to the delivery of commercial housing.The main disputes are argues on the understanding of the terms of delivery between the two parties.Therefore,this thesis carries out theoretical and practical analysis of the delivery of commercial housing.The thesis consists of four parts.The first part describes the agreed conditions for the delivery of commercial housing.National and local governments set up some pre-sale housing contract models for the parties as a reference.But real estate enterprises tend to sign supplemental agreements after the main contracts are signed.Aimed at profitability,real estate enterprises often modify the terms of the contracts,disregarding the legitimate rights and interests of buyers.To protect buyers on the weak side and regulate the order of real estate market,the relevant laws and regulations on the delivery conditions of commercial housing make mandatory requirements,which lead to the conflicts between the agreed conditions and the regulations in laws.The second part describes the legal conditions of the delivery of commercial housing.The parties' agreements violate the mandatory provisions of the laws and regulations sometimes.Based on the difference of mandatory provisions of the effectiveness and management,in accordance with the violation of such legal conditions that lead to the agreement invalid basis,the statutory conditions of delivery can be divided into "legal conditions of which the violation leads to invalidity" and "of which the violation does not necessarily lead to invalidity"."Completion of the project acceptance" for the construction is a legal condition for delivery.The conception of "Completion acceptance" not only refers to the acceptance of the quality of the project,it also includes environmental and planning acceptance on a certain condition.The thesis cites three opinions on what is "acceptance".The author believes that the legal delivery conditions should include: acceptance or obtaining the completion of acceptance of the record documents;housing area final mapping;providing "residential quality assurance" and "residential use manual";environmental acceptance and planning acceptance.The third part describes the other conditions for delivery of commercial housing.Mandatory standards should be applied,when agreed conditions are in conflict with mandatory standards of national standards and industry standards.Commercial housing should also satisfy the standard of "normal living use",which exists in daily life,and needs judges' life experience to identify.As to the delivery of fully furnished house,except the satisfactory of the delivery conditions of rough house,the "practicality" of the house should be paid more attention,to make sure it meets the standard of "normal living use" strictly.The fourth part explains the legal consequences of failing to meet delivery conditions.When the delivery of housing does not meet the agreed conditions,real estate enterprises should bear the corresponding liability for breach of contract and liability for warrant defects.If the delivery of housing is not accepted or unqualified,the buyer can refuse to accept the house and require the real estate enterprises to bear the corresponding liability for breach of contract.When the conditions are satisfied,the contract may be discharged according to law.When the delivery of housing does not obtain the completion of acceptance of the record documents,but the house has met other legal conditions and contract conditions,it still can be considered that the house has been effectively delivered.The relevant laws and regulations on the delivery of commercial housing conditions fail to reach a unified standard.By analyzing the relevant laws and regulations,theoretical doctrine and related judicial cases,the author hope to provide some advice and help to solve the problem of pre-sale contract dispute.