Research On Delivery Conditions Of Pre-sale Commercial Housing

The mode of pre-sale of commercial houses is that the buyer pays the house in advance,and then the house is delivered by the property development enterprise.Delivery means the buyer's affirmation that the delivered house complies with the contract and the legal quality conditions,and it also means the transfer of commercial housing risks.Therefore,delivery occupies an important position in the pre-sale commercial house sales contract.However,although my country's real estate has experienced many years of development,the number of controversial cases concerning the delivery conditions of pre-sale commercial houses has remained high.The root cause is that there are no uniform conditions for the delivery of commercial houses.This article discusses the delivery conditions of pre-sale commercial housing through a typical judicial case.Apart from the introduction and conclusion,this article is divided into four parts.The first chapter of this article is drawn from the case.Through the analysis of the facts and reasons of the case,three controversial points are summarized: whether the legal delivery conditions of the pre-sale commercial house are met,whether the legal delivery conditions of the pre-sale commercial house can meet the agreed delivery conditions,and the quality conditions Whether the general agreement can become the basis for rejecting the house.These points are the focus of the controversy,and also the difficulty in determining the delivery conditions of pre-sale commercial houses in judicial trials.The second chapter of this article starts with the concept of the delivery conditions of commercial housing,expounds the legal consequences of the delivery behavior,analyzes the three types of delivery conditions: legal delivery,agreed delivery,and presumed delivery.The significance of the subject of the risk of housing loss and avoiding the legal problems of house delivery.The third chapter points out the problems existing in the delivery conditions of pre-sale commercial housing in China.This paper enumerates the current legal provisions on the delivery of pre-sale commercial housing,and analyzes the judicial application of the conditions for the delivery of pre-sale commercial housing: the legal provisions are not clear,the administrative supervision norms are identified as the reasons for the unclear legal delivery conditions and the low level of legislation.This paper focuses on the different understanding of the legal delivery conditions of pre-sale commercial housing by the judiciary.It also analyzes the judges' different understandings on whether the violation of agreed conditions,legal conditions and general quality content constitutes the violation of agreed delivery conditions in judicial practice,and analyzes that the application of presumption principle is mainly based on the two ways of failing to meet the purpose of residence and the purpose of contract.Chapter 4 of this article discusses the exploration of the path to perfect delivery conditions.The level of legislation should be raised,and the conditions for completion,acceptance,and filing in the law should be specified as delivery conditions.To improve the contract awareness of buyers and sellers,those with special requirements for commercial housing should set out special conditions,standardize the agreed delivery conditions,and the government should strengthen administrative supervision and actively guide by formulating model contracts.In judicial application,judges should apply presumptive conditions carefully.