Research And Thinking On The Delivery Standard Of Pre-sale Commercial Residential Housing In China

It is still necessary and inevitable for China to adopt the system of pre-sale of commercial residential housing at present and for a long time in the future based on the current economic and social development circumstances.Under the system of pre-sale of commercial residential housing,both parties agree upon the delivery standard of the commercial residential houses in the contract of the pre-sale commercial residential house;in accordance with the contract,the buyer shall perform the obligation of payment before the seller performs the obligation of delivery of the house.Therefore,it is common that the house delivered by the seller is not in conformity with the contractual standard,which then incurs the dispute between the seller and the buyer.Certain standard of the delivery of the commercial residential houses is decisive forjudging whether the houses satisfy the contractual standard and influences the risk transfer,the burden transfer and the warranty liability,and it is also the basis for defining the liability of both parties.The main delivery issues are the uncertainty and disunity of the delivery standard as well as the absence of delivery standard for fine decoration houses.The delivery standard for commercial residentialhouses can be classified into the statutory delivery standard and the contractual delivery standard.In the practice of sales of the pre-sale commercial residential houses,the delivery clause in the contract of pre-sale commercial residential houses is usually in chaos and highly de-normalized.Some real estate development enterprises even viciously force the buyers to sign supplementary agreements to lower the delivery standard,which severely injures the legitimate interests of the buyers.In this paper,the author intends to provide the guidance or a path for solving the disputes from the pre-sale commercial residential housing contracts in the judicial practice by defining the delivery standard legally and reasonably through analyzing the relationship between the statutory delivery standard and the contractual delivery standard.In addition,the author specifically analyzes the delivery standard of the fine decoration houses along with the current existing problems on the basis of the new tendency of strong promotion of fine decoration houses in the pre-sale commercial residential housing market.In the last,the author comes up with creative,pointed and practicable suggestions for the delivery standard of pre-sale commercial residential houses based on the study and analysis in this paper with regards to the existing problems in the disputes form the pre-sale housing contracts.