On Protecting Rights Of Housing Buyers Under Pre-sale System

Commercial housing pre-sale,it is also regarded as auction sale of commercial housing.It means housing developers sell the commercial housing under construction but not finished under their names in advance to housing buyers.When buyers pay for commission of certain percentage in the whole housing price agreed by both parties,the buyers can obtain promise of sellers,then sellers will turn over commercial housing of designated housing,square and geological location in one clear period,it is a law act.At present,the commercial housing pre-sale opens to booking a significant role in the commercial housing sale market still.In the hot booking situation,developers to take advantage of their own information to implement a lot of room for selling houses,without a license,false advertising,malicious consultations and other violations of the buyer's rights.Although our country law gives relief to the buyer the right,but mostly belongs to with strong administrative color afterwards relief,the relative lack of civil relief,and the current relief rights itself is not perfect,give the buyer the protection of the administrative power is greater than the law,administrative penalties for developers is low,lead to developers,the illegal cost is low.The author thinks that,in the commodity house opens to booking a buyer developers infringement risk,investigate its root cause is that buyers and sellers of information asymmetry,lack of information disclosure system.And current punitive damages system is imperfect,too low violation cost let developers to infringe on the buyer's rights intensified.For this reason,this paper tried to analyze the risk of some of China's commodity house opens to booking,and then puts forward some ideas of improving the commodity house opens to booking a buyer in risk prevention mechanism.This paper includes 3 parts:The first part makes analysis on problems existed in rights protection of housing buyers in pre-sale.The pre-sales phase weak buyer most vulnerable to developers to implement fraud,developers malicious consultations and take advantage of the open to booking a contract with the terms and conditions attached the phenomenon such as the right to limit the buyer for analysis.Buyer suffer in the second part is to explore the commodity house opens to booking a legal risk,the author thinks that the existence of risk is due to the imperfect system,including the punitive compensation system the insufficiency and booking regulation of legal provisions shall be applicable to the lack of and the problems existing in the advance notice registration.The third part discussed the preventing the risks of the buyer in the pre-sale,a suggestion.Mainly aimed at the weak link in the corresponding measures are put forward.Mainly is to perfect a series of protection of rights and interests of the buyer of punitive damages system,booking information disclosure system to booking funds supervision mechanism and real estate system of advance notice registration.