Study On The Effectiveness Of Pre-sale Contract Of Commercial House Without Pre-sale Permit

Today's rapid development of the real estate industry has brought pressure to the general public,but also brought a series of social problems such as high housing prices,resulting in endless disputes in the real estate field.Due to the rapid development of the real estate industry and the lag of laws relative to social development,the relevant legal regulations are not perfect.Many cases in the real estate field have also become a major problem in the trial of grassroots courts.The establishment of the commercial housing pre-sale system was originally designed to protect the rights of buyers,but also to enable real estate developers to realize the return of funds as soon as possible and avoid market risks.However,the Xi'an real estate developer who appeared some time ago brought himself to court and asked the court to confirm that the contract with the owner Li Moumou for the sale of the pre-sale of commercial housing was invalid,which caused a public uproar.This article analyzes this case to discuss in depth the nature and validity of the pre-sale contract for commercial houses without a pre-sale permit.It also reveals the inadequacies of the relevant laws and regulations on such contracts in China,in order to improve relevant laws and regulations.The first part mainly analyzes the typical case of Xi'an Wentian Technology Industrial Group Co.,Ltd.requesting the court to confirm the invalidation of the commercial house pre-sale contract.By comparing the different trial results of the court's first and second instance,the dispute about the nature and validity of such commercial house pre-sale contract is drawn.Summarize the different judgments of various courts in hearing such cases,and analyze the difficulties in hearing such cases in judicial practice.The second part mainly discusses the nature determination of the pre-sale contract of commercial houses without pre-sale license in the legal field.The jurisprudential community has great controversy regarding the nature of such contracts.On the basis of clarifying the nature of the pre-sale contract for commercial housing,this article will discuss the impact of the lack of pre-sale permit on the validity of the pre-sale contract for commercial housing.The third part discusses the validity of the pre-sale contract for commercial houses without pre-sale license and the legal consequences after such contracts are confirmed invalid during the court trial and in theory.The purpose of the state's establishment ofpre-sale licenses is to restrict the pre-sale qualification of developers from the level of public law.If the pre-sale license has not been obtained before the pre-sale,the contract will be invalid,but the pre-sale license will be obtained before the prosecution.,Can be considered valid.However,in reality,it is difficult to determine the validity of such contracts.The different forms of contracts also lead to different contract validity.Is the mandatory provision in the law that the real estate developer does not obtain a pre-sale permit for commercial houses before selling the house? Invalid situation,and explore whether such regulations have achieved the purpose of the original legislation in practice.The fourth part analyzes the shortcomings in the provisions of the existing laws and regulations on the validity of the pre-sale contract for commercial houses without pre-sale licenses.Suggestions are made from clarifying the legal status of the pre-sale contract for commercial housing,improving the applicable standards of relevant judicial interpretations,and the remedy methods after such contracts are confirmed to be invalid,with a view to further improving the laws and regulations.