Research On The Legal System Of The Advance Sale Of Commercial Housing In China

The pre-sale of commercial housing system can not only relieve the tense situation of housing, but also can alleviate the developers, cash flow problem. Moreover it can also promote the prosperity and development of the real estate market. But the setting time of our country’s pre-sale commercial housing system is short and not perfect enough, together with the supervision of relevant departments is ineffective, leads to a lot of problems which are related to the pre-sale commercial housing in our country.Commercial housing pre-sale system is gradually developed. This paper first introduces the origin and development of commercial housing pre-sale, a preliminary interpretation of the pre-sale of commercial housing, secondly, features of the commercial housing pre-sale system were analyzed and leads to the legal issues involved, so as the foundation the basic theory, again, both are summarized through the analysis of the concept and the nature of the commercial housing pre-sale system is more typical of the advance notice registration system and the contract registration system is different, clearly the necessity of existence of contract registration system, also found that the problems existing in the commercial housing pre-sale system. Including the developer’s responsibility for the disclosure of the true obligation is too general, for the developer of the main body of the right judgment is not clear. Commercial housing pre-sale contract registration system lag, as well as the responsibility for the third party regulatory identification is not clear. Then, through the analysis of the current situation of the legislation of the commercial housing pre-sale system in foreign countries, combined with the actual situation of our country, for the developer of the main body of the right judgment is not clear. Commercial housing pre-sale contract registration system lag, as well as the responsibility of the third party regulation and other aspects of the proposed recommendations.This paper combines theory with practice and comparative analysis, research on the legal system of the pre sale of commercial housing. With the sale of commercial housing has gradually become the main way to buy commercial housing, the study of commercial housing pre-sale legal system will become increasingly important, commercial housing pre-sale legal system will become more and more important, but for how to build a sound legal system for the sale of commercial housing has yet to be further thought.