Real Estate Sale, The Buyer The Right To Protect

The system of pre-sale of commercial building can helppeople realize their dreams that householder can own theirhouse more conveniently .to seller, the pre-sale canaccelerate the tour-over of capital; to buyers, it can ensurethem obtain their house in the future in lower price .So ,itplays an active role in improving the house condition andprospering the real estate market.However, the pre-sale system is to sell commercialbuilding which was finished in the future ,so the buyer hasmore danger than normal building sale contract, it is not arare phenomena that some developers who often take advantageof there status as pre-sellers, violate the lawful rights andinterests of pre-purchasers by usingvicious breach of faithand fraud, such as "wolf" , "false advertising", "doublecharging" trick. This trick not only harms the lawful rightsand interests of pre-purchasers but also affects the furtherdevelopment of the estate market in China in an adverse way.In order to protect their lawful rights and interests,pre-purchasers cannot expect the developers to consciouslykeep their word, merely depending on the contracts betweenthem. Therefore, pre-purchasers can only seek legalprotection to prevent the above practice from happening. Thewriter of this paper has made a systematic and in-depth studyabout how to protect the lawful rights and interests ofpre-purchaser in the pre-selling of commercial buildingFirst, to define the concept of pre-sale system , andintroduce the concept of pre-history. The second part,introducing the buyer's right, nature of the rights andviolations of the right situation. I think the right of buyerincludes that the right to know the real situation; the right to request delivery at the scheduled time and the right toobtain housing; the he quality of delivery of commercialrights flaws according to the agreement without the otherclaims and expectations of their rights, Currently, buyer ofthe complaints focused on: false advertising; never openingfacts associated with the sale of concealing material (Ewithout the certificate of using of land, etc.) Housingownership certificates and were endorsed but not extended; theformat of unfair contract terms and the housing qualityproblems , selling more room to repeat charges; facilitiescant be completed, and so forth.The third part, briefed the sale of a property protectionsystem for reselling, the legislative status includes theintegration of the protection of private and public law.Private Law is the "General Principles of Civil Law," thegeneral provisions of the Sale and the "Contract Law" with thesale of rules, including the establishment of the contract isnot a signatory to blame or invalid result, uneasy defensesystem Regulation and the format of thecontract so as toprotect the rights of the buyer; public law includesmanagement laws of real estate: the pre-sale market access,the pre-conditions for the sale of the regulatory capital andadvertising.PartⅣdiscuss the deficiencies and improve theprotection of the rights of the main legislative proposals ,Ithink the current system can not meet the practicaldevelopment needs of pre-registration, Unlike traditionalcivil registration system without the meaning of propertyregistration, but administration .Just administrative duty,not the buyer's right, Caused a "two-room sales", "doublemortgages phenomenon", Meanwhile simple pre-condition,thelack of proper supervision to loan, the lack of corresponding misappropriated loan sanctions to violation of registration,Meanwhile, the Supreme People's Court in 2003 in the "sale ofa property dispute case on the law applicable to a number oftrial issues Explanations "judicial interpretation,maintaining that its prevarication cited punitive damages inthe case, directly applicable to the relevant provisions of.the "consumer rights protection act ". The developers proposedto establish and improve information disclosure system,including the establishment of standards for the disclosureof information, content and the measures , including theestablishment of enterprise credit information databases;real estate development projects information database; toprevent price inflated artificially. Implementing internetreal estate sale contract signed filing system online. And theestablishing and improving China's pre-registration system,Take the registration as the buyers' right, reducingregistration fees, unified registration office, and improvethe monitoring of loan. to establish a system Commission ofa third party to pay by a neutral third party organs inaccordance with the progress of appropriations of theconstruction in order to prevent the emergence of schedule.Finally , the buyer is required to sign a specialexplanation—mortgage contracts generally followed bypre-sell contract. Because of limited knowledge of author,this paper is simply to discuss the protection to the rightsof the buyer's in pre-paid contracts, excluding mortgagerelations in the mortgage contract (pre-contract, thebuyer) For this, writer want to study and research furtherin the future.