Study On Legal Problems Of Commercial Housing Presale

The pre-sale of commercial houses is often referred to as “contract trading” and “presale transactions”.The key point is that when the buyers and sellers conclude the commercial house sales contract,the commercial house has not yet been completed,and the housing does not exist objectively,which results in many insecure factors,in practice and risks in fact.As China's legal system for pre-sale of commercial house is still in need of improvement,the rights and interests of purchasers who are weak are often infringed,which causes a large number of commercial house pre-sale infringement cases and directly affects people's normal life order and social stability.This paper adopts such methods as analysis and comparison,empirical enumeration,literature analysis and case analysis,and mainly studies the issues such as advance notice registration,pre-sale advertising,pre-sale funds supervision,and pre-sale commercial house transfer with the purpose of providing valuable basis and references for improving the laws and regulations on pre-sale commercial houses.This article focuses on the pre-sale system of commercial housing from four aspects.First of all,using knowledge of jurisprudence to make an overview of pre-sales of commercial houses.Secondly,using the methods of empirical analysis and case analysis to discuss the current status and existing problems of the pre-sale system of commercial housing in China.Thirdly,using the comparative analysis method to interprete the pre-sale system of commercial houses in foreign countries,and to compare the pre-sale systems of commercial houses in the United States and other countries.In the end,it provides the suggestions for improving the legal system for presale of commercial houses in China.Based on the experience of relevant legal systems in foreign countries,and combining the judicial practice in China,the author proposes to improve the registration system of real estate in China,regulate the commercial house transaction market,establish a sound pre-sale funds supervision system,and improve the legal system for the transfer of pre-sale commercial housing.This paper innovatively starts from the four main parties: the real estate development companies,banks,home buyers,and government supervisor;it also points out various problems that arise between them,especially the existing problems related to the developers who are in the key position,and puts forwards the corresponding solutions.