Research On The Legal Protection Of Buyer'srights In The Pre-sale Of Commercial Housing

With the rapid development of China's real estate economy,in recent years,a new form of transaction in the real estate industry has come into being.The two parties to the pre-sale of commercial housing,namely the seller(developer)and the buyer,all hope that their respective rights will be effectively guaranteed under the law when negotiating or signing the pre-sale contract.However,in the process of pre-sale of commercial housing,developers often use their dominant position to infringe upon the legal rights of the buyer and affect the normal operation of the transaction and the realization of the purpose of the pre-sale contract.The current legal system is not comprehensive and meticulous in the protection of the rights of the buyer,but the operability is weak,which leads to some contradictions and conflicts in the settlement of such disputes in judicial practice.Therefore,how to improve the protection of the buyer's rights from the legal level has become an important subject of judicial theory and practice.The full text first expounds the background,significance and research methods of the research,and finds out the lack of theoretical research on the protection of the buyer's rights by combing and summarizing the current research status at home and abroad.Secondly,it analyzes the specific rights of the buyer in the advance sale of commodity house,and the buyer enjoys a series of legitimate rights,such as the right to know,the right to fair trade,the right of claim and the right of defect guarantee in the process of pre-sale,but the buyer is in a weak position compared with the developer and its rights are easily infringed.Through the analysis of relevant laws and regulations and typical cases,the phenomenon that the developers lack of pre-sale qualification,false advertising propaganda and the two selling of one room in the process of pre-sale is revealed,and the buyers are faced with many risks in the transaction.Finally,it puts forward some legal countermeasures to improve the public system of relevant information,strengthen the supervision of the pre-sale funds and the quality of the housing,standardize the advertising and contract provisions of the pre-sale advertising and contract,and strengthen the legal protection of the buyer's legal protection.