A Comparative Study On The Pre-sale System Of Commercial Housing

Commercial residential house pre-sale system,as one of the ways of selling commercial residential houses in China,is a legal system specifying that the pre-sold houses shall be handed over to the buyers on the agreed date after developers pre-sell the houses to the buyers during construction of the houses or before completion of the construction work and the buyers make house payments.This system has played a prominent role in capital turnover of real estate developers,acceleration of construction fund usage rates,and reduction of buyers' purchase pressure.However,the commercial residential house pre-sale system in China is still faced with imperfect laws,insufficient supervision and management,and other problems,not completely satisfactory to the development of the real estate market.In this paper,a study explored the relevant theories and practices of the commercial residential house pre-sale system of France,and discussed its relatively sound commercial residential house pre-sale legislations,supervisions of commercial residential house pre-sale,and quality assurance for the houses after delivery.This study taped and accumulated valuable experience for healthy development of the commercial residential house pre-sale market in China.At present,sound legislation assurance and legal dispute resolution bases remain lacking in the commercial residential house pre-sale process of China.Particularly,with the ever-growing trading volume of commercial residential houses in China,a series of legal issues become highlighted,which,once again,exposes that the current laws in China cannot effectively regulate the pre-sales of commercial residential houses.China should improve our commercial residential pre-sale system based on mature experience of foreign countries while effectively applying the existing laws and regulations in the practical transactions.In the commercial residential house pre-sale system,the benefit balance of all parties in the pre-sale process should be defined,rights of these parties should be protected,and the third-party supervision should be enhanced,so that justice and equity of the transactions can be maintained,and the healthy operation of the transaction markets can be ensured.At present,sound legislation assurance and legal dispute resolution bases remain lacking in the commercial residential house pre-sale process of China.Particularly,with the ever-growing trading volume of commercial residential houses in China,a series of legal issues become highlighted,which,once again,exposes that the current laws in China cannot effectively regulate the pre-sales of commercial residential houses.China should improve our commercial residential pre-sale system based on mature experience of foreign countries while effectively applying the existing laws and regulations in the practical transactions.In the commercial residential house pre-sale system,the benefit balance of all parties in the pre-sale process should be defined,rights of these parties should be protected,and the third-party supervision should be enhanced,so that justice and equity of the transactions can be maintained,and the healthy operation of the transaction markets can be ensured.