Research On Legal Issues Of Housing Purchase And Sale Appointment Contract

The issue of housing sales disputes has been a hot issue in recent years.Especially since the state allows commercial housing to be pre-sold,coupled with the complexity of the market itself,with the development of time,the people’s demand for housing has developed from the initial satisfaction of self-occupation to investment,and the price of housing has been rising with the behavior of throwing machines.In the last ten years,the price of houses has risen by leaps and bounds in a short period of time.On the one hand,the purchasing power of people who just need it is insufficient,on the other hand,the profits of speculators have doubled in a short period of time.This situation not only greatly increases the risk of buying and selling houses,but also causes more social problems.Therefore,in view of the problem of housing sales,China has issued a series of laws and regulations to adjust the problems in housing sales in order to maintain the normal market transaction order and reduce transaction risks.It is precisely because of the various social characteristics of the current housing sales in China that it is difficult for buyers and sellers to form instant transactions.In real life,there are many situations in which housing sales contracts cannot be signed immediately,which leads to the emergence of housing sales appointment contracts.This special housing transaction mechanism in our country makes the disputes over the pre-appointment contract of housing sales often occur.Although such disputes are regulated in the Civil Code at present,they are only general provisions,and the application and interpretation of the law are not perfect,so the phenomenon of different judgments in the same case occurs from time to time in judicial practice.Starting from three typical cases,this paper makes a legal analysis on the controversial focus of the house purchase and sale appointment contract,and puts forward some opinions based on the research of the current situation at home and abroad.The introduction part introduces the research background and significance,research status at home and abroad,research ideas and research methods.The first part introduces three typical cases,and summarizes the focus of disputes,including the identification,legal effect and responsibility of the pre-appointment contract for housing sales.The second part mainly defines the pre-appointment contract for house purchase and sale and other related contracts,analyzes the identification of the pre-appointment contract for house purchase and sale,and makes corresponding legal analysis on the legal effect and liability of the pre-appointment contract for house purchase and sale.The third part puts forward some suggestions on the problems existing in the current house purchase and sale appointment contract,such as unifying the identification standard of the house purchase and sale appointment contract and standardizing the legal effect of the house purchase and sale appointment contract.