Can the call for canceling the pre-sale system be realized again?

  Our reporter Kang Shu

  After 10 years of payment, the wedding house was not in place; after 6 years, the owner had no choice but to live in a rough house... Recently, the issue of delayed delivery and unfinished buildings has aroused the attention of the whole society, regarding the pre-sale system of commercial housing. The discussion sounded again.

  According to reports, the pre-sale system of commercial housing has accelerated the sales rhythm of real estate companies, improved the construction volume and construction efficiency of real estate, and is one of the important conditions for the rapid development of the real estate industry. However, the problems caused by the pre-sale system are also very prominent, with frequent occurrences of quality disputes, delayed delivery, and unfinished products.

  Zhang Dawei, chief analyst of Centaline Property, said that the pre-sale system has caused many problems. The current real estate market's various quality and delivery problems are basically related to the pre-sale system. For consumers, the pre-sale system not only has a low degree of protection and many uncertain factors, but also brings a lot of disputes, causing consumers to pay a considerable price. The existing home sales system, what you see is what you get, can force developers to pay more attention to the quality of real estate.

  However, whenever the call for the cancellation of the pre-sale system of commercial housing sounds, there will always be opponents who believe that the real estate industry is a capital-intensive industry, and the cancellation of the pre-sale system will increase the risk of the corporate capital chain, leading to a serious delay in the corporate payment cycle. Long, the financing difficulties of some small and medium-sized real estate enterprises will become more serious.

  In fact, many places have tried to promote the on-the-spot sale of commercial housing. In July 2018, the Jiangmen Housing and Urban-rural Development Bureau of Guangdong issued the "Administrative Measures for Commercial Housing Sale of Jiangmen Housing and Urban-Rural Development Bureau (Draft for Public Comment)". On March 7, 2020, Hainan Province issued the “Notice on Establishing a Main Responsibility System for the Stable and Healthy Development of the Real Estate Market in the City”, which requires that from the date of issuance of the document, the newly sold land for commercial housing construction shall implement the existing house sales system.

  However, when the pre-sale of commercial housing is still a common practice, how can consumers effectively protect their rights? In this regard, Huang Luoping, senior partner of Guangdong Lianyue Law Firm, said that common disputes related to the pre-sale system of real estate mainly focus on incomplete procedures, poor quality, and late delivery. He suggested that buyers should choose regular developers, and when signing commercial housing pre-sale contracts, they should pay attention to state-owned land use permits, construction land planning permits, construction project planning permits, construction project construction permits, and commercial housing pre-sale permits. If the five certificates are complete, go to the real estate registration center where the house is located to check if necessary.

  Huang Luoping said that buyers should also pay special attention to the delivery time stipulated in the pre-sale contract of commercial housing. If the actual delivery time of the developer is later than the time specified in the contract, the buyer has the right to demand the developer to pay a penalty for late delivery.

  In addition, when faced with quality problems, Huang Luoping suggested that buyers should pay attention to checking whether the house meets the decoration standards stipulated in the contract when accepting the house. If there are serious quality problems in the house decoration, they should keep good evidence and require the developer to promptly Rectify and assume responsibility for breach of contract.

  Many industry experts said that for possible disputes, buyers and sellers can resolve disputes through negotiation, or arbitration or litigation. Buyers should pay attention to pre-sale contracts, various payment receipts, and real estate advertisements provided by developers as evidence for future rights protection.