The Research On The Protection Of Buyer's Rights And Interests In Presale Of Commercial Housing

Since the establishment of commercial housing pre-sale system in 1994,the real estate industry has experienced a period of rapid development in China,and the pre-sale of commercial housing has become the main way of housing sales.Through the advance sales of commercial housing,the real estate developer can return the funds as soon as possible,and raise the funds for later stage construction rapidly.Buyers also can obtain stable housing resources without bearing greater economic pressure.With the housing loan business increasing,the bank can absorb more funds.And it has greatly promoted the commercialization of housing in China.However,there are also many disadvantages in the pre-sale of commercial housing,such as the lack of risk sharing mechanism,the regulation of pre-sale funds and operability.Under this background,this paper combined with the current development of China's real estate industry,commercial housing pre-sale's advantages and disadvantages,and the author in the practice of consulting and dealing with the commercial housing booking contract disputes,pre-sale contract dispute case's trial,adjudication and enforcement.Through systematically carding and analyzing the main problems in the protection of the buyer's rights,Including the appointment contract,capital supervision,fraud contracts,advertising,mortgage,contract performance and other issues.The paper analyzes and prompts for reference with introducing the related system of buyer's rights and interests protection in Hong Kong,the United States,Germany's commercial housing pre-sale system.At last,starting from the system level,this paper puts forward some suggestions for improving the pre-sale permit,pre-registration,funds supervision,advertisement,mortgage and house ownership registration according to the actual situation of our country.In addition,with combining the common types of disputes in the judicial practice with the government administration,the position of developers and buyers in the sale of commercial housing,the author also puts forward some suggestions in order to fully protect the rights and interests of the buyers.