analysis of the legal issues of the regulatory system of chinas real estate sale（法律问题的分析中国的房地产销售的监管体系）.doc

Analysis of the legal issues of the regulatory system of China’s real estate sale Abstract In recent years, with the prosperity and development of the mainland real estate market, real estate sale has become the primary means for real estate developers to develop financing and trading, the main way to become the mainland real estate sales transactions for pre-sale housing system resources in the market to play a a positive role, but also revealed many problems, due to the unregulated real estate sale, the market and consumers are of interest threat this paper, through the study of the regulation of the real estate sale, discuss real estate the regulatory aspects of the pre-sale system defects, and raise legal countermeasures. Paper Keywords pre-sale information disclosure risk-sharing First, the status quo of China’s real estate sale Real estate sale, real estate developers and home buyers agreed, prior to the completion of construction of the real estate by the buyers to pay a prepayment or deposit a certain date in the future transfer of ownership of the completed housing transactions of real estate sale following Features: the Yu Gouren when signing the contract just get right to an expectation of the subject matter of the contract, and not actual subject of the building is finished, the state real estate sale more restrictive than the existing home sales, the National stringent legal requirements, restrictions developers pre-sale housing conditions, procedures, notice of registration provisions to protect the Yu Gouren the legitimate rights and interests the buyer buyer greater market risk than the existing home transactions in the real estate sale transactions, because the subject matter is not yet completion of contract performance time can not be determined, the buyer may bear the risk of the contract is difficult to achieve. Pre-sale system is based in Hong Kong, the Mainland of China’s real estate industry started late, Hong Kong real est