Conflict Of Interest In The Real Estate Sale And The Legal Regulation

Preselling commodity apartment refers to the transaction to presell the housewhich is being constructed or is to be constructed. The transaction is attached with atime limit. The objection of this transaction and the content of the contract is special.To presell the apartment, the seller must obtain some basic conditions. Presellingcommodity apartment the interest subject which involves mainly to include fouraspects: individual consumer's benefit, property developer benefit, commercial bank'sbenefit, government's benefit. All subjects have the conflict of interest, mainperformance for between consumer and developer, developer and bank, developerand government's conflict. The penetration all subjects benefit conflict, we discoveredthat the reason of the benefit conflict is various, including the flaw of the presellingcommodity apartment, the developers' benefit actuation, the banks' fund supervisingand managing disadvantageously, the government lacks the effective macroeconomicregulation and control measure as well as home-buyer own protection consciousnessis not strong. We are benefit from the western developed country as well as the HongKong area sell in advance the system, we compare our preselling commodityapartment to the other country, discovering our country present sells in advance thesystem to have many malpractices, needs further performance. The bank aspect alsomust strengthen fund supervising and managing, effectively prevents the financialrisk, the People's Bank of China may enhances the bank reserve against deposits andthe interest on futures way full display surveillance management function. Thegovernment must improve the macroeconomic regulation and control ability, shouldpositively establish the real estate market credit appraisal system, guarantee theinformation which is unimpeded. Introduce the third party to sells in advance to carryon the management of the funds. Develop real estate intermediary service industry.Strengthens the government correlation department responsible for the worksupervising and managing. The perfect correlation law, the laws and regulations, muststrengthen with emphasis to the form provision standard, strengthens to the time room resale limit. The government may also use policy, tax revenue, economy to strengthenthe macroeconomic regulation and control. Individual consumer is at the relativeweaker position in benefit gambling, their risk is bigger than the income who obtain.The government which grasps the male authority. When the developer and theconsumer has the benefit conflict, the government cannot limit to own benefit ofeconomy and the political, should be more concern about the social benefit. Thegovernment should pay more attention to consumer's rights and interests. In theprocess of preselling commodity apartment, individual consumer oneself in thecommodity apartment also has the certain attention duty, needs to strengthen the legalconsciousness. When own benefit suffers injury, may seek the way of the privatestrength and the male strength two stratification planes to protect their interest.