Pre-sale System Of Commercial Housing On Legal Issue

The developers may draw back the original capital,and collect the following construction capital,and make the housing purchasers get the steady housing resources in advance by the advance sale of commercial housing.So the advance sale of commercial housing has been approbatory by the market in general,and it is on activating real-estate market and promoting the housing condition.However,during the course of advance sale of commercial housing,the performance of the contract of advance sale of commercial housing lasts for a long term and has a lot of uncertain factors;and the purchasers and seller are not equal in economic foundation and information Holding,so,the purchasers are in an obviously disadvantageous position,the rights and interest will be infringed easily.Under the existing legal system of our country,deeply discuss the effective system for protecting the legal rights and interests of purchasers is the purpose of this article.These articles takes the feature of the advance sale of commercial housing,the subscription paper concluded during the advance sale of commercial housing,the penalty principle of the down payment in subscription paper,the transfer of the advance sale of commercial housing,registration of advance notice as the key questions,and analyzes the existing problems in the advance sale of commercial housing market,and tries to seek effective solutions for the above.By researching,the writer finds that the legal system of the advance sale of commercial housing is not perfect,and it is difficulty to protect the right of purchasers,so as to influence the healthy,reasonable and orderly development of commercial housing market.So,at the base of clarifying the forward delivery feature of the advance sale of commercial housing,the writer put forwards several suggestion on improving the system of the advance sale of commercial housing.For example:at the base of the existing laws and statutes, we must clarify the valid condition of the advance sale of commercial housing.And we should analyze the feature and legal force of subscription paper;Analyze the feature of the down payment in subscription paper and the application of penalty principle of down payment.Affirm the transfer of the advance sale of commercial housing and put forwards the legal designing on the registration of re-transfer of the advance sale of commercial housing.