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A Legal Study on Real Estate Presale Contract

Author: WangShuJuan
Tutor: ZhangJingFang
School: Zhengzhou University
Course: Legal
Keywords: Real estate sale Real estate sale contract Legislative proposals
CLC: D922.181
Type: Master's thesis
Year: 2011
Downloads: 108
Quote: 0
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Abstract


Real estate sale is a modern housing development in the last decade trading behavior related system has been in development state, but still to have many problems, the most prominent undoubtedly Yu Gouren guarantee of the rights . In the real estate sale contract signing and performance of the process, there are a variety of contract disputes, most of which are buyers who are not well maintained in its own right. This article is under discussion in our current system of real estate sale real estate sale contract related issues, such as the entry into force of the pre-sale contract, the issue of registration, subscription book contract dispute resolution issues, and perfect views on these issues. To contribute our efforts to the healthy development of China's real estate sale. This paper is divided into five parts: the first part of an overview of the problems of the real estate sale contract. In this section, I review the course of development of the real estate sale, put forward views on the nature of the pre-sale contract, in addition also discussed the effective elements of the real estate sale contract, and that the main body of the pre-sale contract eligible, the intention of the parties as well as the content and form of contract legality discussed thus provides the foundation below the point of view expounded. The second part of the registration of the real estate sale contract. China's current real estate sales contract is just the registration of the ordinary administrative nature, the effectiveness of its registration does not make it superior to third parties the Yu Gouren in the claim of the right, in view of the relevant provisions and our notice of registration provisions, I suggest should be the pre-sale contract registration perfect to have notice of the nature of the registration. The third part of the study the issues related to the effectiveness of the real estate sale contract identified. The effectiveness of the pre-sale contract issues identified mainly analyzes the relationship between the pre-sale permit, the subscription book and pre-sale contracts, as well as its effectiveness. I believe that the lack of pre-sale permit when the pre-sale contract does not, of course, led to the contract is null and void, but should analyze specific issues. For subscription book, and the relationship of the real estate sale contract, I believe that should be determined from the subscription book. The fourth part of the real estate sale contract common disputes and solve the problem. Pre-sale contract disputes including the area of ??dispute, quality disputes, deposit disputes, pre-sale advertising disputes and real estate ownership dispute, the author analyzes the reasons of these disputes, and the practice feasible solutions. The fifth part of the analysis of the real estate sale contract signed fulfill the regulatory process, and improve the problem. It is proposed in the study on the basis of the four parts of the article before. Article put forward suggestions for improvement of the terms of the contract formatted as a starting point to focus Yu Gouren protection, put forward a series of regulatory measures, such as specification of the developers of the main qualifications, to provide Yu Gouren buyers insurance, strict developer information disclosure obligations perfect real estate sale contract registration system, and strengthen the pre-sale advertising and supervision of paying back the pre-sale.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Management Act of utilities
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