| Presale of commercial residential building, as a way of commercial residential building sale, is a legal act by which the real estate enterprises pre-sells the house under construction and delivers it to the buyers on a determined future day and the buyers prepays an amount of deposit or purchase price. The system of presale of commercial residential building has been established and developed under a serious shortage of supply of commercial residential building and lack of construction funds, and now it becomes a principal way of commercial residential building sale. In practice, the system plays an important role in the development of real estate on accelerating cash flow and improving efficiency and reducing costs. On the other hand, because of its own defects and the imperfection of the laws and weak presale management, the system also results in some question, such as unbalance of rights and duties between buyers and sellers and almost all risks burdened by the banks or buyers, which affect the development of the entire real estate market. So it is necessary to discuss the issue. This essay is composed of four parts.The first part defines the conception and origination of presale of commercial residential building, analyses its legal nature and different opinions and think that it has its own characteristics and shall be defined as the forward delivery, then analyses its function for buyers, banks and real estate enterprises.The second part describes the development process of the system of presale of commercial residential building and analyses its problems and causes. Through the controversial comparative analysis of the abolition of the system, the author thinks it is the result of the development of market economy. Whether it should be abolished should comply with the law of market and explore the origin of the questions. The questions should be attributed to the weak supervision and the imperfections of the laws. The system itself is not the root of the problems to a large extent. So we should make and perfect relevant laws and administrative roles and constraint the behaviors of real estate enterprises to improve the system and reduce its negative impact. In the third part, by comparatively analyzing the system of presale of commercial residential building among America and German and Hong Kong, the author think we can use the experience of them on funds supervising and information disclosure and payment according to project progress.In the last part, the author put forward some suggestions on how to solve the problems and perfect the system. Firstly, the system of presale contract registration should be perfected to protect the fights of the buyers and avoid that one house is bought by more than one people. Secondly, establishing a strict access and withdrawal of the presale market is necessary to prevent incompatible or discreditable real estate enterprises from entering the presale market. Thirdly, it is necessary to establish the system of supervision to ensure a fund for its special purpose and prevent real estate enterprises from diverting fund. Fourthly, establishing the strict system of information disclosure to make related information transparent and available to the public and ensure the buyers to make rational choices. Finally, establishing and improving the relief mechanism of rights and interests to ensure the timely and effective relief available for the buyers. |
