Research On The Protection Of The Rights And Interests Of The Commercial Housing Pre-buyers

Commercial housing pre-sale system,commonly known as selling forward housing or selling “uncompleted buildings”.It is a kind of system that real estate developers sell commercial houses under construction to buyers in advance and the buyers pay a deposit or advance purchase.The system was first developed in Hong Kong.It was first used for reference by the special economic zones and coastal open cities in mainland China,and then gradually extended to other inland areas.It was officially established through the Urban Real Estate Management Law promulgated in1994 and has been in operation for nearly 25 years.The original purpose of the commercial housing pre-sale system is to solve the problem of insufficient development funds for some real estate enterprises.However,in the long process of development,various risks have gradually emerged.In particular,buyers are at a disadvantage in the transaction of pre-sold commercial houses due to the asymmetric information between buyers and sellers.Besides,the time interval between payment and receipt of houses is long,and there are many uncertain factors in the construction period,making their rights and interests more vulnerable to infringement.On August 15,2005,the 2004 China Real Estate Finance Report that published by the People's Bank of China pointed out that a lot of market risk and trading problems arose from commercial housing pre-sale system.It suggested that “cancel the current housing pre-sale system,change of period room sale for existing home sales”,thus raised as to whether people should cancel the system of commodity house opens to booking a widely discussed.Scholars that agree to cancel the system believe that cancel this system can improve the condition of information asymmetry between the seller and the buyer to a certain extent.It helps to reduce the trade disputes caused by commercial housing pre-sale system,also to ease the financial risk accumulation,curb risk expanding,optimizing the structure of the real estate market,reduce the cost of the real estate market management.Scholars that opposed to cancel this system believe that commercial housing pre-sale system for the development of housingconstruction and real estate market in China has played a positive role.Such as speeding up the construction and supply of housing in our country,give play to the role of the financing,can bring a certain price advantage for buyers,etc.In addition,cancel the commercial housing pre-sale system immediately will bring a lot of negative effects.Such as the enterprise financing costs rise,in turn,affect the supply of commodity house,drive the housing price,and may further increase the financial risk,and even lead to the formation of the real estate industry monopoly.The author believes that the problems that exist in the commercial housing pre-sale in China,not simply consider the “save and waste” commercial housing pre-sale system can solve,but more should be considered in the case of reserve commercial housing pre-sale system,how to perfect the system.One of the key tasks of lies in perfecting the system is how to effectively protect the legitimate rights and interests of commercial housing purchased one.This paper focuses on the infringement of the rights and interests of commercial house pre-purchasers in China,analyzes the situation,finds out the reasons and puts forward the corresponding countermeasures,in order to strengthen the protection of the rights and interests of commercial house pre-purchasers and promote the healthy and orderly development of the real estate market.In addition to the introduction and conclusion,this article is divided into four parts.The first part is an overview of the protection of pre-purchasers' rights and interests in commercial housing.First of all,has carried on the brief introduction of commercial housing pre-sale system in China,including the definition and characteristics of commercial housing pre-sale,then lists the content of the rights and interests of commercial house pre-purchasers,including the rights and interests that pre-purchasers as the parties to a contract and the human rights as a consumer.The second part is the performance of the infringement of the rights and interests of the pre-purchasers of commercial housing.According to the time sequence of the conclusion and performance of the pre-sale contract of commercial housing,this part analyzes the common cases of the damage of the rights and interests of the pre-purchasers in different stages.The third part is the defects of the current system ofprotecting the rights and interests of commercial house pre-purchasers in China.Including insufficient supervision over pre-sale advertising,unreasonable commodity house information disclosure system,defects in the pre-sale registration system,loopholes in the supervision of pre-sale funds,and defects in the housing quality acceptance system.The fourth part is to improve the protection system of commercial housing pre-purchasers' rights and interests.This part combines the basic national conditions of China and draws on the relevant experience of the extraterritorial domain,and puts forward some suggestions to improve the protection system of pre-purchasers of commercial housing.